301 KAR 2:195. Falconry, raptor take, and raptor propagation. [Raptor propagation and falconry.]

Link to law: http://www.lrc.ky.gov/kar/301/002/195.htm
Published: 2015

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      301 KAR 2:195. Falconry, raptor take,

and raptor propagation.

 

      RELATES

TO: KRS 150.010, 150.180, 150.183, 150.290, 150.305, 150.320, 150.330, 150.360

      STATUTORY

AUTHORITY: KRS 150.025(1), 150.280(1), 50 C.F.R. Parts 13, 17, 21, 22

      NECESSITY,

FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the department to

promulgate administrative regulations establishing open seasons for the taking

of wildlife, bag limits, and methods of taking wildlife, and to make these

requirements apply to a limited area. KRS 150.280(1) requires the department to

promulgate administrative regulations establishing procedures for propagating

and holding of protected wildlife. 50 C.F.R. Parts 13, 17, 21, and 22 establish

requirements for permitting, taking, possessing, and selling of raptors and endangered

and threatened species. This administrative regulation establishes permitting,

taking, possessing, and reporting requirements for people engaged in falconry

and raptor propagation.

 

      Section

1. Definitions. (1) "Adult raptor" means a raptor that is at least

one (1) year old.

      (2)

"Captive-bred raptor" means a raptor or the eggs thereof, hatched in

captivity from parents in captivity.

      (3)

"Eyas" means a young raptor that is still in the nest and not capable

of flight.

      (4)

"Hack" means the temporary release of a raptor held for falconry to

the wild so that it can survive on its own.

      (5)

"Hybrid raptor" means an offspring produced by two (2) distinct

raptor species.

      (6)

"Imprinted" means a raptor that has been hand-raised by a human in

isolation from the sight of other raptors from two (2) weeks of age through

fledging.

      (7)

"Native raptor" means a raptor species which has historically existed

or currently exists in the wild in Kentucky without introduction by humans.

      (8)

"Passage bird" means a raptor less than one (1) year of age that is

capable of sustained flight and is no longer dependent on parental care.

      (9)

"Wild raptor" means a raptor that was originally taken from the wild.

 

      Section

2. Federal requirements. Except as established in Sections 3 through 11 of this

administrative regulation, a person shall be in compliance with the federal

requirements established in 50 C.F.R. Part:

      (1)

13;

      (2)

17;

      (3)

21; and

      (4)

22.

 

      Section

3. Permits and Licenses. (1) A person shall be required to obtain and possess a

falconry permit to take or possess a raptor for use in falconry.

      (2)

A person with a valid state or federal falconry permit:

      (a)

May take wildlife pursuant to applicable statewide requirements if the falconer:

      1.

Has a valid Kentucky hunting license; or

      2.

Is hunting license exempt pursuant to KRS 150.170; and

      (b)

Shall not be required to obtain a wildlife transportation permit pursuant to

301 KAR 2:081 and 2:082 if the person:

      1.

Is importing or transporting a legally held falconry raptor into Kentucky; or

      2.

Is transporting a legally held falconry raptor into and through Kentucky to a

destination outside of Kentucky.

 

      Section

4. Falconry Permit Requirements, Classes of Permits, and Apprentice Sponsors. (1)

To obtain a falconry permit of any class, a person shall:

      (a)

Complete a Kentucky Falconry Permit Application form provided by the

Department; and

      (b)

Submit to the department:

      1.

The completed application;

      2.

The appropriate fee as established in 301 KAR 3:022; and

      3.

A completed Raptor Facilities and Equipment Inspection Report form signed by a

state conservation officer.

      (2)

An apprentice falconry permit applicant shall:

      (a)

Be at least twelve (12) years old;

      (b)

Obtain a sponsor who holds a Kentucky general or master falconry permit

pursuant to subsection (10) of this section;

      (c)

If under eighteen (18) years old, have a parent or legal guardian co-sign the

application;

      (d)

Contact the department to schedule a time to take a written examination administered

by the department; and

      (e)

Pass the written examination by scoring a minimum of eighty (80) percent.

      (3)

An apprentice class falconry permit holder shall:

      (a)

Only possess one (1) of the following wild or captive-bred raptors at any given

time:

      1.

American kestrel (Falco sparverius);

      2.

Red-tailed hawk (Buteo jamaicensis);

      3.

Red-shouldered hawk (Buteo lineatus); or

      4.

Harris’ hawk (Parabuteo unicinctus); and

      (b)

Not possess a raptor:

      1.

Taken from the wild as a nestling; or

      2.

That is imprinted on humans.

      (4)

A general class falconry permit applicant shall:

      (a)

Be at least sixteen (16) years old;

      (b)

If under eighteen (18) years old, have a parent or legal guardian co-sign the

application;

      (c)

Have practiced falconry at the apprentice level for at least two (2) years; and

      (d)

Have complied with all previous year reporting requirements, if applicable,

pursuant to Section 7 of this administrative regulation.

      (5)

A first time general class permit applicant shall also submit to the department

a:

      (a)

Signed document from a general or master class falconry permit holder stating

that the permit applicant has:

      1.

Practiced falconry with a wild raptor at the apprentice level for at least two

(2) years; and

      2.

Maintained, trained, and hunted with a raptor for an average of six (6) months

per year with at least four (4) months in each year;

      (b)

Summary of the species held as an apprentice; and

      (c)

The length of time the apprentice held each bird.

      (6)

A general class falconry permit holder shall:

      (a)

Be allowed to possess the following:

      1.

A raptor obtained from the wild;

      2.

A hybrid raptor; or

      3.

A captive-bred raptor; and

      (b)

Not possess more than three (3) of the following raptors at any given time:

      1.

Great horned owl (Bubo virginianus); or

      2.

Any member of the Order Falconiformes, except for the following species which

shall not be possessed:

      a.

Golden eagle (Aquila chrysaetos);

      b.

Bald eagle (Haliaeetus leucocephalus);

      c.

White-tailed eagle (Haliaeetus albicilla); or

      d.

Stellar’s sea eagle (Haliaeetus pelagicus).

      (7)

A master class falconry permit applicant shall:

      (a)

Have held a general class falconry permit for at least five (5) years; and

      (b)

Have complied with all previous year reporting requirements, pursuant to Section

7 of this administrative regulation.

      (8)

A first time master class permit applicant shall submit to the department a

signed letter attesting that the applicant has practiced falconry at the

general class permit level for at least five (5) years.

      (9)

A master class falconry permit holder:

      (a)

Shall not possess more than five (5) of the following wild raptors at any given

time:

      1.

Great horned owl; and

      2.

Any member of the Order Falconiformes except a bald eagle;

      (b)

Shall obtain prior approval from the department pursuant to the requirements of

50 C.F.R. 21 and 22 to possess any of the following raptors:

      1.

Golden eagle;

      2.

White-tailed eagle; or

      3.

Stellar’s sea eagle; and

      (c)

May possess any number of captive-bred raptors of the species allowed in paragraph

(a) and (b) of this subsection.

      (10)

An apprentice sponsor shall:

      (a)

Not have more than three (3) apprentices at any given time;

      (b)

Be at least eighteen (18) years old;

      (c)

Possess a valid Kentucky general or master class falconry permit;

      (d)

Have held a general class falconry permit for a minimum of two (2) years; and

      (e)

Submit a signed letter to the department:

      1.

Attesting that the sponsor will assist the apprentice in:

      a.

Learning about the husbandry and training of raptors held for falconry;

      b.

Learning relevant wildlife laws and regulations; and

      c.

Deciding which species of raptor is most appropriate for the apprentice to

possess; and

      2.

Containing the sponsor’s:

      a.

Name;

      b.

Falconry permit number;

      c.

Address; and

      d.

Telephone number.

      (11)

A sponsor who is withdrawing sponsorship of an apprentice shall:

      (a)

Notify the department in writing within five (5) days of withdrawing the

sponsorship; and

      (b)

Provide the apprentice with a signed and dated document stating the length of

time that the apprentice practiced falconry under the sponsor’s guidance.

      (12)

An apprentice who loses sponsorship shall obtain a new sponsor within thirty

(30) days from the sponsor’s notification of withdrawal.

      (13)

A new sponsor shall be in compliance with the requirements established in

subsection (7) of this section.

      (14)

If an apprentice fails to obtain a new sponsor within thirty (30) days, the

department shall:

      (a)

Revoke the apprentice’s falconry permit; and

      (b)

Confiscate any raptor in the apprentice’s possession if the apprentice does not

transfer ownership of the raptor to another licensed falconer.

      (15)

A non-resident falconer who moves to Kentucky to establish residency shall

apply for the appropriate Kentucky falconry permit within thirty (30) days

after moving.

      (16)

A resident falconry applicant who is a new resident of the United States shall

obtain the appropriate Kentucky falconry permit by:

      (a)

Meeting the application requirements established in subsection (1) of this

section;

      (b)

Contacting the department to schedule a time to take a written examination

administered by the department;

      (c)

Passing the written examination by scoring a minimum of eighty (80) percent; and

      (d)

Providing to the department written documentation of previous falconry

experience including:

      1.

The number of years the applicant has practiced falconry;

      2.

The raptor species used in falconry; and

      3.

The game species taken with falconry.

      (17)

A person who held a Kentucky falconry permit within the last five (5) years,

but has allowed the permit to lapse, may apply for reinstatement at the class

level previously held by:

      (a)

Complying with the application requirements established in subsection (1) of

this section; and

      (b)

Providing the department with proof of previous certification at that class

level.

      (18)

A person whose Kentucky falconry permit has lapsed for a period greater than

five (5) years may apply for reinstatement at the class level previously held

by:

      (a)

Complying with the application requirements established in subsection (1) of

this section;

      (b)

Complying with the examination requirements established in subsection (2) of

this section; and

      (c)

Providing the department with proof of previous certification at that class

level.

      (19)

A falconry permit holder shall not be required to pay the permit fee

established in 301 KAR 3:022 if the permit holder’s current permit has not yet

expired and the permit holder is applying for:

      (a)

An upgrade to the next falconry class; or

      (b)

A facility relocation.

 

      Section

5. Facility, Equipment, and Care Requirements. (1) A falconry permit holder

shall comply with all federal requirements established in 50 C.F.R. Part 21 for

the permit holder’s:

      (a)

Facility;

      (b)

Equipment; and

      (c)

Treatment and care for possessed raptors.

      (2)

A falconry permit holder who is relocating a raptor facility shall:

      (a)

Notify the department within five (5) business days of relocation; and

      (b)

Have a relocated raptor facility inspected and approved by a department

conservation officer within thirty (30) days of relocation.

      (3)

A department conservation officer shall only inspect a raptor facility:

      (a)

In the presence of the permit holder;

      (b)

On a weekday; and

      (c)

Between 8 a.m. and 4:30 p.m. Eastern time.

 

      Section

6. Banding, Tagging, and Telemetry Requirements. (1) A falconry permit holder

shall comply with federal banding, tagging, and telemetry requirements

established in 50 C.F.R. Part 21.

      (2)

A falconry permit holder who is required by federal regulations to band a

raptor shall:

      (a)

Contact the department to request leg bands at least fifteen (15) days prior to

obtaining a raptor; and

      (b)

Only use U.S. Fish and Wildlife Service leg bands that are issued by the

department.

      (3)

A falconry permit holder shall attach at least two (2) radio transmitters to a

hybrid raptor if the permit holder is flying it untethered in the wild.

 

      Section

7. Raptor Take and Release, Recordkeeping, and Reporting Requirements. (1) Unless

exempted by KRS 150.170, a Kentucky falconry permit holder shall have in

possession a Kentucky hunting license when taking a raptor from the wild.

      (2)

When taking a raptor from the wild, a nonresident shall have in possession:

      (a)

A valid Kentucky nonresident hunting license;

      (b)

A valid falconry permit or equivalent from the nonresident’s home state; and

      (c)

An approved Kentucky Nonresident Raptor Take Form.

      (3)

To obtain a Kentucky Nonresident Raptor Take Form, a person shall:

      (a)

Print a copy of the form from the department’s Web site at fw.ky.gov; or

      (b)

Contact the department at 800-858-1549 and request a mailed copy.

      (4)

A person shall submit to the department a completed and signed Kentucky

Nonresident Raptor Take Form at least fifteen (15) working days prior to the

requested take date.

      (5)

A falconry permit holder shall be responsible for complying with all applicable

federal requirements if taking raptors on federal land.

      (6)

A falconry permit holder who is a nonresident shall only take one (1) legal

raptor in Kentucky per calendar year.

      (7)

An approved Kentucky Nonresident Raptor Take Form shall only be issued to a

person whose state of residence allows a Kentucky resident to legally take a

raptor from that state.

      (8)

A nonresident falconer who takes a raptor in Kentucky shall submit to the

department a completed and signed Falconry Take Location Report within five (5)

days of taking a bird.

      (9)

A licensed falconer shall comply with all raptor take requirements established

in 50 C.F.R. 21 in addition to the requirements established in this section.

      (10)

A resident falconry permit holder shall not take more than two (2) raptors from

the wild in any calendar year.

      (11)

An eyas shall only be taken:

      (a)

By a general or master class falconry permit holder; and

      (b)

From January 1 through July 31.

      (12)

A person shall not take more than one (1) sharp-shinned hawk (Accipter

striatus) eyas per calendar year.

      (13)

There shall be an annual maximum quota for sharp-shinned hawk eyases of:

      (a)

Ten (10) for Kentucky residents; and

      (b)

Five (5) for nonresidents.

      (14)

Prior to taking a sharp-shinned hawk eyas, a person shall be responsible for

calling the department at 800-858-1549 to check if the sharp-shinned hawk eyas

annual quota has been reached.

      (15)

A person shall not take a sharp-shinned hawk eyas from a nest unless there are

at least three (3) eyases in the nest.

      (16)

Each person who takes a sharp-shinned hawk eyas shall submit to the department

the Falconry Take Location Report within five (5) days of possession.

      (17)

Any permit class falconer may take a passage bird if it is a species the

falconer is allowed to possess as established in Section 4 of this

administrative regulation.

      (18)

The allowable period of take for:

      (a)

A passage bird, other than a great horned owl, shall be September 1 through

January 31;

      (b)

An adult or passage bird great horned owl shall be September 1 through October

31; and

      (c)

An adult American kestrel shall only be taken from September 1 through January

31.

      (19)

An adult American kestrel or adult great horned owl shall only be taken by a:

      (a)

General class permit holder; or

      (b)

Master class permit holder.

      (20)

A person shall not take a peregrine falcon (Falco perigrinus) from the wild in

Kentucky.

      (21)

A person shall not release the following raptors into the wild:

      (a)

A non-native raptor;

      (b)

A hybrid raptor; or

      (c)

A captive-bred, native raptor.

      (22)

Prior to releasing a raptor into the wild, a person shall remove all leg bands

from the bird.

      (23)

A falconry permit holder shall complete and submit to the department a federal

form 3-186A or enter the required information in the federal database at http://permits.fws.gov/186A within five (5) days if a raptor is:

      (a)

Acquired;

      (b)

Transferred;

      (c)

Released;

      (d)

Lost;

      (e)

Rebanded;

      (f)

Microchipped;

      (g)

Stolen; or

      (h)

Dead.

      (24)

A falconer shall retain copies of each submitted 3-186A form or the electronically

submitted data for a minimum of five (5) years following a raptor’s:

      (a)

Transfer;

      (b)

Release;

      (c)

Loss; or

      (d)

Death.

 

      Section

8. Transfer of Ownership and Propagation. (1) A falconry permit holder may

transfer ownership of a wild-caught raptor pursuant to 50 C.F.R. Part 21, but

shall not engage in the following activities with wild-caught raptors:

      (a)

Selling;

      (b)

Purchasing;

      (c)

Trading; or

      (d)

Bartering.

      (2)

A falconry permit holder may transfer a wild-caught raptor to a person who

possesses a federal raptor propagation permit if:

      (a)1.

The raptor has been used in falconry for at least one (1) year for the

following species:

      a.

Sharp-shinned hawk;

      b.

Cooper’s hawk (Accipter cooperii);

      c.

Merlin (Falco columbarius); or

      d.

American kestrel; or

      2.

The raptor has been used in falconry for at least two (2) years for all other

legal species of raptor; and

      (b)

The person receiving the transferred bird possesses a state captive wildlife

permit.

      (3)

A person who legally possesses a captive-bred raptor may engage in the

activities listed in subsection (1)(a) through (d) of this section if:

      (a)1.

The transferred bird is marked with a metal leg band; or

      2.

The transferred bird is implanted with a microchip pursuant to 50 C.F.R. Part

21; and

      (b)

The person in receipt of the bird possesses:

      1.

The appropriate class falconry permit; or

      2.

A federal raptor propagation permit.

      (4)

A person shall not breed or propagate a native raptor without first obtaining:

      (a)

A federal raptor propagation permit, pursuant to 50 C.F.R. Part 21; and

      (b)

The appropriate Kentucky captive wildlife permit, pursuant to 301 KAR 2:081.

      (5)

A person who is propagating a native raptor shall submit to the department copies

of all the following materials required by 50 C.F.R. Part 21:

      (a)

The raptor propagation application;

      (b)

Propagation records; and

      (c)

Propagation reports.

      (6)

The materials required in subsection (5) of this section shall be submitted to

the department by the same dates required in 50 C.F.R. Part 21.

 

      Section

9. Other Activities. (1) A falconry permit holder may use a raptor for

conservation education programs, pursuant to 50 C.F.R. Part 21.

      (2)

A falconry permit holder who is in compliance with the permit requirements for

Special Purpose Abatement, pursuant to 50 C.F.R. Part 21, may receive payment

for nuisance wildlife control work if the permit holder also possesses a

Kentucky Commercial Nuisance Wildlife Control permit, pursuant to 301 KAR

3:120.

      (3)

A person may assist a permitted wildlife rehabilitator, as established in 301

KAR 2:075, in conditioning raptors for subsequent release into the wild if the

person is:

      (a)

A general or master class falconry permit holder; and

      (b)

Working with a species the falconry permit holder is allowed to possess.

      (4)

A general or master class permit holder may hack a raptor if the permit holder

contacts the department and provides the following information:

      (a)

The hack site location;

      (b)

The species of raptor;

      (c)

The origin of the raptor; and

      (d)

The planned hacking dates.

 

      Section

10. Revocation of Permits and Appeal Procedure. (1) The department shall revoke

the falconry permit of a person convicted of a violation of this administrative

regulation for a period of one (1) year.

      (2)

A person may request an administrative hearing pursuant to KRS Chapter 13B if

the person’s falconry permit is:

      (a)

Denied; or

      (b)

Revoked.

 

      Section

11. Incorporation by Reference. (1) The following material is incorporated by

reference:

      (a)

"Kentucky Falconry Permit Application", January 2013 edition;

      (b)

"Raptor Facilities and Equipment Inspection Report", January 2013

edition;

      (c)

"Falconry Take Location Report", January 2013 edition; and

      (d)

"Kentucky Nonresident Raptor Take Form", January 2013 edition.

      (2)

This material may be inspected, copied, or obtained, subject to applicable

copyright law, at the Department of Fish and Wildlife Resources, #1 Sportsman’s

Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

Eastern Time. (18 Ky.R. 948; Am. 1331; eff.

10-22-91; 33 Ky.R. 3456; eff. 8-6-07; 39 Ky.R. 1776; 2018; eff. 5-3-2013.)