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) may possess only one of the following: American kestrel (Falco sparverius), red-tailed hawk (Buteo jamaicensis), or red-shouldered hawk (Buteo lineatus). Any red-tailed hawk or red-shouldered hawk in possession must have been captured as a passage bird; and
   2. (B) may not replace a raptor more than once during any 12-month period.

2. (2) General class permittees:

   1. (A) may not possess more than two raptors; and
   2. (B) may not replace more than two raptors during any 12-month period.

3. (3) Master class permittees:

   1. (A) may not possess more than three raptors; and
   2. (B) may not replace more than three raptors during any 12-month period.

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; and
      3. (iii) have at least five years of experience in the practice of falconry at the apprentice level, or its equivalent.
   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.

Source Note:The provisions of this §65.265 adopted to be effective March 10, 1998, 23 TexReg 2328.