A person who is not a resident of this state may not hold any permit issued under this subchapter other than a nonresident trapping permit.

1. (1) Apprentice class permittees.

   1. (A) Qualifications. An applicant for an apprentice falconry permit must:

      1. (i) be at least 14 years of age;
      2. (ii) have a sponsor at the general or master class during their apprenticeship; and
      3. (iii) have passed, with a minimum score of 80, a supervised, department administered falconry examination.

   2. (B) Restrictions. An apprentice class permittee:

      1. (i) may possess only one of the following: American kestrel (Falco sparverius), red-tailed hawk (Buteo jamaicensis), or red-shouldered hawk (Buteo lineatus). A bird in possession of an apprentice under this subparagraph must have been trapped by the apprentice. Any red-tailed hawk or red-shouldered hawk in possession must have been captured as a passage bird;
      2. (ii) may not replace a raptor more than once between July 1 of one year and June 30 of the immediately following year;
      3. (iii) must secure a new sponsor within 30 calendar days in the event of sponsorship termination. Failure to secure a new sponsor and notify the department in writing may result in permit revocation; and
      4. (iv) may not take eyas raptors.

2. (2) General class permittees.

   1. (A) Qualifications. An applicant for a general class falconry permit must:

      1. (i) be at least 18 years of age; and
      2. (ii) have at least two years of verified experience at the apprentice level. Verification shall be in the form of a signed affidavit(s) from the applicant's sponsor(s) attesting that the applicant has flown a bird possessed under the applicant's permit for a minimum of four months/per year over each twelve-month period of the apprenticeship.

   2. (B) Restrictions. A general class permittee:

      1. (i) may not possess more than two raptors;
      2. (ii) may not replace more than two raptors between July 1 of one year and June 30 of the immediately following year; and
      3. (iii) must send written notification to the department within five calendar days in the event of sponsorship termination.

3. (3) Master class permittees.

   1. (A) Qualifications. An applicant for a master class falconry permit must have at least five years of experience of falconry at the general level.

   2. (B) Restrictions. A master class permittee:

      1. (i) may not possess more than three raptors;
      2. (ii) may not replace more than three raptors between July 1 of one year and June 30 of the immediately following year; and
      3. (iii) must send written notification to the department within five calendar days in the event of sponsorship termination.

4. (4) Raptor propagator:

   1. (A) Qualifications. An applicant for a raptor propagator permit must:

      1. (i) be a resident of Texas;
      2. (ii) be 18 years of age or older;
      3. (iii) have at least five years of experience in the practice of falconry; and
      4. (iv) possess a valid general or master permit.
   2. (B) Restrictions. Raptor propagators may not possess or breed species of raptors listed as endangered unless the propagator can document proof of seven years' experience caring for and handling raptors.

5. (5) Nonresident trapping permittees:

   1. (A) Qualifications: An applicant for a nonresident trapping permit must possess a license, issued by their state of residence, equivalent to the Texas general or master falconer license.
   2. (B) Restrictions: A nonresident shall not trap more than one raptor per year in this state.
6. (6) Federal abatement permittees. The possession limits established in this section for each class of permittee do not apply to raptors possessed under a federal abatement permit.

Source Note:The provisions of this §65.265 adopted to be effective March 10, 1998, 23 TexReg 2328; amended to be effective July 19, 2004, 29 TexReg 6965; amended to be effective May 12, 2009, 34 TexReg 2795.