301 KAR 2:195. Raptor propagation and falconry.

301 KAR 2:195. Raptor propagation and falconry.

RELATES TO: KRS 150.010, 150.025, 150.180, 150.183, 150.290, 150.305, 150.320, 150.330, 150.360, 50 C.F.R. Parts 13, 17, 21, 22

STATUTORY AUTHORITY: KRS 150.025, 150.028, 50 C.F.R. Parts 13, 17, 21, 22

NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025 authorizes the department to promulgate administrative regulations governing the taking of wildlife. 50 C.F.R. Parts 13, 17, 21, and 22 authorize the protection of endangered species and birds of prey. This administrative regulation establishes the requirements for the propagation of raptors and for falconry.

Section 1. Definitions. (1) "Exotic raptor" means those species which have no subspecies occurring in the wild in the United States or Mexico and which require the holding of a joint state and federal falconry permit to lawfully possess.

(2) "Legal hunting raptor" means the great horned owl (Bubo virginianus) and all hawks and falcons of the families Falconidae and Accipiteridae, except those that are endangered or threatened and under conditions described in Section 4(1)(c) of this administrative regulation, golden eagles (Aquila chrysaetos) as well as threatened species.

Section 2. Except as provided by Sections 3 through 11 of this administrative regulation, C.F.R. Part 13, General Permit Procedures; Part 17, Subpart 17.11, Endangered and Threatened Wildlife; Part 21, Migratory Bird Permits; and Part 22, Eagle Permits shall apply to the propagation of raptors and falconry.

Section 3. Hunting License, Falconry Permit Requirements and Transportation Permit Waiver. (1) Wildlife may be taken within state hunting seasons and bag limits with any legal hunting raptor provided the falconer has a valid state or federal falconry permit and a valid Kentucky resident or nonresident hunting license in his or her possession.

(2) A licensed falconer may undertake intrastate transportation of any legally held raptor without possessing a transportation permit as required in 301 KAR 2:081 and 2:082.

Section 4. Classes of Falconry Permits, Sponsors, Application, Processing and Issuance, Examination Required, Duration of Permits and Fees. (1) Classes of falconry permits.

(a) Apprentice falconry permits.

1. An apprentice falconer shall be at least fourteen (14) years of age and shall have a sponsor holding a general or master falconry permit.

2. An applicant between the ages of fourteen (14) and sixteen (16) years shall provide a written consent form or letter from a parent or guardian.

3. An apprentice may take and possess only one (1) nonexotic raptor, which shall be taken from the wild, and shall not take more than one (1) replacement from the wild during any twelve (12) month period which begins when the first replacement raptor is taken from the wild.

4. Only an American kestrel (Falco Sparverius), red-tailed hawk (Buteo jamaicensis), red-shouldered hawk (Buteo Lineatus), or any exotic legal hunting raptor may be possessed or taken by an apprentice falconer.

5. The red-tailed and red-shouldered hawks shall be first year (passage) age class birds, capable of flight.

6. Any American kestrel which has left the nest and is capable of flight may be taken from the wild.

7. There shall be no age restriction on exotic raptors.

8. An apprentice falconer may buy and sell only exotic raptors.

(b) General falconry permits.

1. A general permittee shall be:

a. At least eighteen (18) years of age;

b. Have at least two (2) years experience in the practice of falconry at the apprentice level; and

c. Have complied with all reporting requirements of this administrative regulation.

2. A permittee at the general level may possess no more than two (2) nonexotic raptors and shall not take more than two (2) replacements from the wild during any twelve (12) month period which begins when any replacement raptor is taken from the wild.

3. A general permittee may take and possess any legal hunting raptor defined in this administrative regulation.

1. A master permittee shall have at least five (5) years experience in the practice of falconry at the general class level and have complied with all requirements of this administrative regulation.

2. A master permittee may possess no more than three (3) nonexotic raptors.

3. No more than two (2) raptors for replacement birds shall be taken from the wild during any twelve (12) month period which begins when any replacement raptor is taken from the wild.

4. A master permittee may take and possess any legal hunting raptor, but shall not take, in any twelve (12) month period, as part of the three (3) bird limitation, more than one (1) raptor listed as threatened in 50 C.F.R. Part 17, Subpart B, Section 17.11, and then only when approved by the U.S. Fish and Wildlife Service and the Department of Fish and Wildlife Resources.

5. A master falconer may replace any number of captive bred raptors a year if the possession limit at one (1) time is not exceeded.

6. If a permit has been issued by the department and in accordance with the Bald Eagle Protection Act and 50 C.F.R. Part 22, Subpart B, Section 22.24, a master permittee may take and possess golden eagles for falconry purposes.

7. A master permittee shall not take any species listed as endangered by 50 C.F.R. Part 17, Subpart B, Section 17.11, but may possess those species in accordance with the Endangered Species Act and implementing regulations.

(2) Sponsors.

(a) A sponsor shall hold a master or general falconry permit.

(b) A sponsor shall not have more than three (3) apprentices at any one (1) time.

(c) A sponsor withdrawing sponsorship shall notify the department in writing giving reasons for withdrawal and shall notify the apprentice.

(d) If the apprentice does not have a new sponsor within thirty (30) days from the date of notification of withdrawal, his or her permit shall be deemed cancelled and the birds relocated.

(3) Application, processing and issuance.

(a) In order to obtain any class of joint state/federal falconry permit, an applicant shall complete the standard falconry permit application form (KYF-1), incorporated by reference in Section 12 of this administrative regulation, as designated by the Department of Fish and Wildlife Resources and approved by the U.S. Fish and Wildlife Service.

(b) Accompanying the completed application shall be two (2) checks:

1. One (1) payable to the Department of Fish and Wildlife Resources in the amount specified for a falconry permit in 301 KAR 3:022; and

2. One (1) payable to the U.S. Fish and Wildlife Service in the amount specified in 50 C.F.R. Part 13, Subpart B, Section 13.11.

(c) Also accompanying the application shall be an inventory of raptors which the applicant possesses at the time of application as specified in Section 6(1) of this administrative regulation and 50 C.F.R. Part 21, Subpart C, Section 21.28.

(d) Upon receipt of a completed application, inventory and fees, the application shall be forwarded to the appropriate state conservation officer who shall administer the required examination and inspect equipment and facilities.

(e)1. If the equipment and facilities are found to be adequate and the applicant passes the examination as specified in subsection (4) of this section, the state conservation officer shall certify that by affixing his signature on a letter of recommendation, and the Department of Fish and Wildlife Resources shall forward the application, certification, appropriate fee and test score to the U.S. Fish and Wildlife Service.

2. The U.S. Fish and Wildlife Service may then issue the permit according to the applicable terms and conditions of 50 C.F.R. Parts 13, 21, or 22.

(4) Examination required. 3

(a) An applicant for any class of falconry permit shall take an appropriate written examination and score no less than eighty (80) percent.

(b) The test shall be approved in accordance with 50 C.F.R. Subpart C, Part 21.29(f) and shall be administered and supervised by the Department of Fish and Wildlife Resources at a designated site.

(5) Duration of permits. A permit shall be valid for a period of three (3) years from date of issuance.

(6) Fees. Falconry permit fees are as listed in 301 KAR 3:022.

Section 5. Facilities and Equipment. (1) Facilities and equipment shall meet the minimum standards described in 50 C.F.R. Part 21, Subpart C, Section 21.29.

(2) Facilities, equipment and raptors shall be made available at all times for inspection by authorized personnel of the Department of Fish and Wildlife Resources and the U.S. Fish and Wildlife Service.

Section 6. Marking. Any peregrine falcon (Falco peregrinus), gyrfalcons (Falco rusticolus) and Harris hawks (Parabuteo unicinctus) shall be banded with markers supplied by the U.S. Fish and Wildlife Service at all times according to provisions of 50 C.F.R. Part 21, Subpart C, Section 21.29.

Section 7. License Requirements and Conditions for Taking Raptors From the Wild. (1) License requirements.

(a) A holder of a Kentucky falconry permit shall have in his or her possession a valid annual Kentucky hunting license before taking any raptor from the wild.

(b) Before taking a raptor from the wild, a nonresident shall have a Kentucky nonresident annual hunting license and joint state/federal permit or individual state and federal falconry permits from his or her home state and a special permit from the Department of Fish and Wildlife Resources.

(c) Application for a special permit shall be made by writing the Department of Fish and Wildlife Resources, #1 Sportsman's Lane, Frankfort, Kentucky 40601, at least fifteen (15) days in advance of the date on which the permit is desired, and describing the nature of the request, the applicant's name, address, and the status and number of the federal/state falconry permit.

(2) Conditions for taking raptors from the wild.

(a) Eyas.

1. A young bird not yet capable of flight (eyas) may be taken only by a general or master falconer and only during the period May 12 through July 14.

2. No more than two (2) eyases shall be taken from the wild by the same permittee during this period.

3. At least one (1) young shall be left in any nest from which raptors are taken.

(b) Passage birds. A first year (passage) bird may be taken only during the period September 7 through December 31.

(d) Mature birds.

1. Only the American kestrel and the great horned owl may be taken when over one (1) year old, except that any legal hunting raptor taken under a depredation or special purpose permit may be used for falconry by general and master falconers.

2. A trap or other device for taking raptors alive shall be tagged with the owners' name and address.

(e) A raptor taken from the wild shall be reported to the U.S. Fish and Wildlife Service as required in 50 C.F.R. Part 21, Subpart C, Sections 21.28, 21.29 and 21.30 with a copy of the report being sent to the Department of Fish and Wildlife Resources at the same time.

Section 8. Raptors Acquired Before 1977. (1)(a) A person possessing a raptor legally acquired before January 1, 1977, and who fails to meet the permit requirements, shall be allowed to retain the raptor with a nonhunting raptor permit.

(b) These raptors shall not be replaced nor used for hunting.

(2) A falconry permittee legally possessing raptors acquired before January 1, 1977, in excess of the number allowed under his class permit, shall be allowed to retain and hunt the extra raptors. Replacement of those raptors shall not occur, nor shall an additional nonexotic raptor be obtained, until the number in possession is at least one (1) less than the total number authorized by the class of permit held by the permittee.

Section 9. Importation, Trading or Transferring, Purchasing, Bartering or Selling, Temporary Care and Feathers of Raptors. (1) Importation. A holder of a valid falconry permit may transport any legally held raptor into or within the state of Kentucky without a transportation permit from the Department of Fish and Wildlife Resources as required in 301 KAR 2:081 and 2:082.

(2) Trading or transferring.

(a) Any class falconry permittee may trade or transfer a raptor to another permittee if the transaction occurs entirely within the state of Kentucky and no money or other consideration is involved.

(b) A permittee may trade or transfer a raptor to another permittee in an interstate transaction if the prior written approval of all states involved is obtained and no money or other consideration is involved in the transaction, except as allowed in 50 C.F.R. Part 21, Subpart C, Section 21.28(d)(8).

(c) This transaction shall be reported to the U.S. Fish and Wildlife Service as required in 50 C.F.R. Part 21, Subpart C, Sections 21.28 and 21.30 with a copy of the report being sent to the Department of Fish and Wildlife Resources at the same time.

(3) Purchasing, bartering or selling. General and master class permittees may purchase, barter or sell any lawfully possessed raptor which is bred in captivity under authority of a raptor propagation permit issued pursuant to 50 C.F.R. Part 21, Subpart C, Sections 21.28 and 21.30, subject to the following conditions:

(a) Any permittee who buys from, sells to or barters with any person in the United States or a foreign country shall meet the conditions specified in 50 C.F.R. Part 21, Subpart C, Section 21.30(d)(5);

(b) A raptor propagation permittee who sells or barters raptors shall have a commercial captive wildlife permit issued by the Department of Fish and Wildlife Resources according to provisions of 301 KAR 2:081;

(c) All transactions shall be reported to the U.S. Fish and Wildlife Service as required in 50 C.F.R. Part 21, Subpart C, Sections 21.28 and 21.30 with a copy of the report being sent to the Department of Fish and Wildlife Resources at the same time.

(4) Temporary relocation of raptors. A raptor may be temporarily held for a permittee only by an individual who is authorized to possess raptors, and subject to all other conditions in 50 C.F.R. Part 21, Subpart C, Section 21.29(j)(4).

(5) Feathers. Molted feathers or feathers from birds that die in captivity, may be retained and exchanged by permittees only for imping purposes.

Section 10. Release of Raptors. (1) A person shall not intentionally release to the wild any species not native to Kentucky without first obtaining written permission from the commissioner.

(2) The marker from the released bird shall be removed and surrendered to the department.

(3) The marker from an intentionally released indigenous bird shall also be removed and surrendered to the department.

(4) A federal bird band shall be affixed to a captive bred raptor intentionally released to the wild.

Section 11. Raptor Propagation Requirements, Authorized Activities, Applications, Records, and Reports. (1) Raptor propagation requirements.

(a) A person shall not breed or propagate raptors without obtaining the appropriate Kentucky captive wildlife permit as required in 301 KAR 2:081.

(b) A commercial captive wildlife permit authorizes the propagation and sale of raptors.

(d) A permittee shall comply with all requirements, including permit application, of 50 C.F.R. Part 21, Subpart C, Section 21.30.

(2) Authorized activities. All activities permitted by 50 C.F.R. Part 21, Subpart C, Section 21.30 are authorized in Kentucky except as otherwise noted in this administrative regulation.

(3) Applications, records, and reports. A copy of all raptor propagation applications, records, and reports required by the U.S. Fish and Wildlife Service in 50 C.F.R. Part 21, Subpart C, Section 21.30, shall be submitted to the Department of Fish and Wildlife Resources on the same dates as required by 50 C.F.R. Part 21, Subpart C, Section 21.30.

Section 12. Incorporation by Reference. (1) Standard falconry permit application form (KYF-1), (12/6/06) is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright laws, at the Kentucky Department of Fish and Wildlife, #1 Sportsman's Lane, Frankfort, Kentucky 40601, Monday through Friday, 8:00 am to 4:30 pm. (18 Ky.R. 948; Am. 1331; eff. 10-22-91; 33 Ky.R. 3456; eff. 8-6-07.)