A federal permit is required for raptor propagation and activities associated with it are permitted in accordance with Title 50, Code of Federal Regulations, Section 21.30. No additional state permit is required.

1. A. A falconry raptor may be temporarily used for propagation without notice of transfer by individuals permitted to conduct raptor propagation.
2. B. A permittee may transfer a wild-caught falconry raptor to a raptor propagation permit after the raptor has been used in falconry for at least two years (one year for a sharp-shinned hawk (Accipiter striatus), a Cooper’s hawk (Accipiter cooperii), a merlin (Falco columbarius), or an American kestrel).
3. C. When transferred to a propagation permit the acquisition of the raptor by the propagator shall be reported to the department within 10 days. The notification shall be filed through the USFWS 3186-A electronic reporting in accordance with appropriate state and federal regulations.

4. D. Raptors possessed for propagation, including all progeny produced pursuant to the permitted activity, must be identified with a band issued by the department. A falconer may purchase and implant an ISO microchip in addition to the band.

   HISTORY OF 19.35.8 NMAC:

   Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center and Archives:

   DGF 76-5, Regulation No. 575, Regulation of Falconry Activities, 5/25/76.

   DGF 76-5, Amendment No. 1, Order No. 9-76, Amending Regulation No. 575, 12/6/76.

   DGF 76-5, Amendment No. 2, Order No. 2-79, Amending Regulation No. 575, 2/23/79.

   Regulation 639, Regulation of Falconry Activities, 9/11/85.

   Regulation 688, Regulation of Falconry Activities, 8/6/91.

   History of Repealed Material:

   19 NMAC 35.1, Falconry, filed 12/15/1995 - Repealed effective 12/31/2011

[19.35.8.15 NMAC - Rp, 19 NMAC 35.1.9, 01/01/2012]