Wyo. Code R. 040-0001-25
Effective Date: 08/02/1991 to 09/08/1995
Rule Type: Superceded Rules & Regulations
Reference Number: 040.0001.25.08021991
Section 1. Authority. This regulation is promulgated by authority of W.S. 23-1-302, 23-2-101 and 23-2-105.
Section 2. Definitions. For the purpose of this regulation, definitions will be as set forth in Title 23, Wyoming Statutes, Wyoming Game and Fish Commission Regulation XXV, and the commission adopts the following definitions:
(a) 'Raptor' shall mean a live migratory bird of the family Falconidai; or of the family Accipitridae, other than the bald eagle (Haliaeetus Leucocephalus) and the golden eagle (Aquila chrysaetos),
(b) 'Service' shall mean the U.S. Fish and Wildlife Service;
(c) 'falconry' shall mean the sport of taking quarry by means of a trained raptor;
(d) 'falconry permit' shall mean permit to practice falconry;
(e) 'shipping and verification permit' shall mean permit to remove raptors from Wyoming and/or to verify capture or receipt of raptors;
(f) 'capture license' shall mean a license to take any raptor;
(g) 'license to hunt with falcon' shall mean a license to hunt, pursue and kill game birds and small game animals with raptors.
Section 3. Falconry Regulations Established. The practice of falconry and the taking of raptors will be permitted as set forth in Section 4 through Section 8 of this Chapter.
Section 4. General Regulations. Persons desiring to take, transport, receive or possess any raptors must make written application for and receive a falcon permit and/or a capture license from the Wyoming Game and Fish Department in accordance with the following provisions:
(a) Falconry Permits.
(i) A joint Wyoming-Federal falconry permit or a falconry permit from another state meeting federal falconry standards is required before any person may take, possess or transport any raptor for falconry purposes or practice falconry in
Wyoming. A permit to practice falconry is valid upon issuance and expires three years from the date of issuance or renewal unless otherwise restricted or revoked. Upon completion of permit application requirements as described in this Section, the department will request a joint state-federal falconry permit from the Service.
(ii) A permit to practice falconry does not allow the permittee to take, transport or possess a golden eagle (Aquila chrysaetos) unless authorized in writing by the U.S. Fish and Wildlife Service as provided in 16 USC 50 CFR 22.24. Golden eagles possessed for falconry purposes are considered as raptors and must be maintained in accordance with Federal falconry standards as described in 16 USC 50 CFR 21.28 and 21.29.
(iii) No permittee may take, purchase, receive, or otherwise acquire, sell, barter, transfer, or otherwise dispose of any raptor unless such permittee submits a copy of Service form 3-186A (Migratory Bird Acquisition/Disposition Reports), to the Department, completed in accordance with the instructions on the form, from the issuing office within five (5) calendar days of any such transaction.
(iv) No raptor may be possessed under authority of a falconry permit unless the permittee has a properly completed Service form 3-186A (Migratory Bird Acquisition/Disposition Report) for each bird possessed, except as provided in paragraph (iii) of this section.
(A) An apprentice falconer must be at least fourteen (14) years old and sponsored by a person holding a general or master falconry permit for the first two (2) years in which an apprentice permit is held, regardless of the age of the permittee. A sponsor shall not have more than three (3) apprentices at any one (1) time. The applicant must furnish a letter signed by the sponsor indicating the sponsorship, class of permit held by the sponsor, and the number of apprentices.
(B) An apprentice falconer shall not possess more than one (1) raptor and shall not obtain more than one (1) raptor for replacement during any twelve (12) month period.
(C) An apprentice falconer shall possess only an American kestrel or a red-tailed hawk.
(D) Apprentice falconers may not take eyas raptors.
(A) A general falconer must be at least eighteen (18) years old, have at least two (2) years experience in the practice of falconry at the apprentice level or equivalent.
(B) A general falconer may not possess more than two (2) raptors and may not apply for or obtain more than two (2) raptors for replacement birds during any twelve (12) month period.
(C) A general falconer may not possess or take gyrfalcon or golden eagle.
(D) A permittee may not take, transport or possess any raptor listed Federally as threatened or endangered.
(A) A master falconer shall have at least five (5) years experience in the practice of falconry at the general class level or its equivalent.
(B) A master falconer may not possess more than three (3) raptors and may not apply for or obtain more than two (2) raptors for replacement birds during any twelve (12) month period.
(C) A permittee may not take, transport, or possess any species listed Federally as endangered unless otherwise permitted.
(D) A permittee may not take, transport or possess as a part of his three-bird limitation, more than one (1) raptor listed Federally as threatened.
(i) Prior to issuance of a falconry permit, applicants must answer correctly at least 80 percent of the questions on a supervised examination provided by or approved by the Service and administered by the Wyoming Game and Fish Department. Examinations will be available at the district offices of the Wyoming Game and Fish Department and will be given during normal working hours. An applicant holding a valid state-federal falconry permit from another state may submit a letter from that state verifying that the individual has taken and passed the examination in lieu of taking the examination in Wyoming.
(ii) Applicants failing the examination may retake it after notification of their score by the Cheyenne Office of the Wyoming Game and Fish Department.
(i) No permits to practice falconry will be issued until an applicant's housing facilities and equipment have been inspected and approved by an authorized department representative. The applicant will be sent a Facilities and Inspection Report Form which must be completed and approved by the local game warden and forwarded to the Cheyenne office of the Game and Fish Department.
(ii) Mews shall be large enough to allow easy access for caring for raptors housed in the facility. If more than one (1) bird is to be kept in the mews, the raptors shall be tethered or separated by partitions and the area for each bird shall be large enough to allow the bird to fully extend its wings. There shall be at least one (1) window, protected on the inside with vertical bars, spaced narrower than the width of the bird's body, and a secure door that can be easily closed. The floor of the mews shall permit easy cleaning and shall be well drained. Adequate perches for the species being kept shall be provided.
(iii) The weathering area shall be fenced and covered with netting or wire or roofed to protect the birds from disturbance and attack by predators 139 except that perches more than 6 1/2 feet high need not be covered or roofed. The enclosure shall be large enough to insure that birds cannot strike fences or other obstacles when flying from the perch. Protection from excessive sun, wind and inclement weather shall be provided for each bird. Adequate perches for the species being kept shall be provided.
(iv) Equipment shall include but not be limited to the following:
(A) Jesses - at least one (1) pair of alymeri jesses or similar type to be used when the raptor is flown free.
(B) Leashes and swivels - at least one (1) flexible weather resistant leash and one (1) swivel of acceptable design.
(C) Bath container - at least one (1) suitable container, two to six inches deep and wider than the length of the raptor for each bird kept.
(D) Weighing device - a reliable scale or balance suitable for weighing raptors graduated to increments of 15 grams (1/2 oz.) shall be provided.
(v) All equipment and facilities shall be kept at or above the preceding standards at all times.
(vi) A raptor may be transported or held in temporary facilities which shall be provided with an adequate perch and protected from extreme temperatures and excessive disturbance, for a period not to exceed 30 days.
(e) Marking. Raptors possessed under this permit must be marked in accordance with the following provisions:
(i) Raptors acquired after July 23, 1990 shall be presented at the department district office in the area of capture or receipt within five (5) days of capture or receipt.
(ii) No one shall remove, alter, counterfeit or deface the numbered, nonreuseable adjustable permanent marker (band), except that the licensee may remove the rear tab on the marker and may smooth any imperfect surface provided the integrity of the band or the numbering is not altered. A marker that is causing damage to a raptor may be removed and another band replaced on the other leg of the raptor by a department representative or by the licensee in the presence of the department representative.
(iii) Peregrine falcons, gyrfalcons or Harris hawks obtained from the wild shall be marked with black markers provided to the department by the Service.
(iv) Captive reared raptors, produced from eggs laid in captivity, shall be marked with numbered seamless markers provided by the Service. Any captive produced raptor must be banded by two (2) weeks of age.
Any person with a valid falconry license desiring to take any raptor must make written application for and receive a capture license in accordance with the following provisions:
(i) Eyas raptors may be taken by properly licensed falconers between June 20 and July 15, provided that no raptors may be taken from any nest containing two (2) or less eyas birds.
(ii) Passage raptors may be taken by properly licensed falconers from January 1 - February 5 and from September 5 - December 31 except that marked raptors may be retrapped anytime by permittee who formerly possessed the bird. Raptors taken that are older than one (1) year of age shall be released immediately.
(iii) No person shall receive more than two (2) capture licenses in any twelve (12) month period and only one (1) capture license in any (12) month period may be for a gyr falcon.
(iv) Applications for capture licenses for all raptor species will be accepted for the next calendar year November 1 through December 15. Separate applications and fees should be submitted for each raptor applied for. If applications exceed quotas, a drawing will be held to determine successful applicants. Licenses remaining after the application deadline shall be sold on a first-come first-served basis, except that no licenses will be sold during the period June 15 through August 31.
(v) Applications for capture licenses shall be submitted on a form provided by the department.
| Areas | Limitations | ||
|---|---|---|---|
| 1 | Accipiters | ||
| Goshawks | 10 Sharp-shinned hawk | 5 | |
| Cooper's hawk | 5 | ||
| Buteos | |||
| Rough legged hawk | 10 Red-tailed hawk | 10 Swainson's hawk | 10 |
| Falcons | |||
| American kestrel | 5 | ||
| Prairie falcon 5 | |||
| Harriers | 5 | ||
| 2 | Accipiters | ||
| Goshawks | 10 Sharp-shinned hawk | 5 | |
| Cooper's hawk | 5 |
| Buteos | ||
|---|---|---|
| Rough legged hawk | 10 | |
| Red-tailed hawk | 10 | |
| Swainson's hawk | 10 | |
| Ferruginous hawk | 10 | |
| Falcons | ||
| American kestrel | 5 | |
| Prairie falcon | 5 | |
| Merlin | 3 | |
| 3 | Accipiters | |
| Goshawks | 10 | |
| Sharp-shinned hawk | 5 | |
| Cooper's Hawk | 5 | |
| Buteos | ||
| Rough legged hawk | 10 | |
| Red-tailed hawk | 10 | |
| Swainson's hawk | 10 | |
| Ferruginous 10 | ||
| Falcons | ||
| American kestrel | 10 | |
| Prairie falcon 10 | ||
| Merlin | 3 | |
| 4 | Accipiters | |
| Goshawks | 10 | |
| Sharp-shinned hawk | 5 | |
| Cooper's hawk | 5 | |
| Buteos | ||
| Rough legged hawk | 10 | |
| Red-tailed hawk | 10 | |
| Swainson's hawk | 10 | |
| Ferruginous hawk | 10 | |
| Falcons | ||
| American kestrel | 5 | |
| Prairie falcon 15 | ||
| Harriers | 5 | |
| 5 | Accipiters | |
| Goshawks | 10 | |
| Sharp-shinned hawk | 5 | |
| Cooper's hawk | 5 | |
| Buteos |
Rough legged hawk 10 Red-tailed hawk 10 Swainson's hawk 10 Ferruginous hawk 10
| Areas | Limitations | |
|---|---|---|
| Falcons | ||
| American kestrel | 5 | |
| Prairie falcon | 15 | |
| Harriers | 5 | |
| 6 | Accipiters | |
| Goshawks 10 | ||
| Sharp-shinned hawk | 5 | |
| Cooper's hawk | 5 | |
| Buteos | ||
| Rough legged hawk | 10 | |
| Red-tailed hawk | 10 | |
| Swainson's hawk | 10 | |
| Ferruginous hawk | 10 | |
| Falcons | ||
| American kestrel | 5 | |
| Prairie falcon | 10 | |
| 7 | Accipiters | |
| Goshawks 10 | ||
| Sharp-shinned hawk | 5 | |
| Cooper's hawk | 5 | |
| Buteos | ||
| Rough legged hawk | 10 | |
| Red-tailed hawk | 10 | |
| Swainson's hawk | 10 | |
| Ferruginous hawk | 10 | |
| Falcons | ||
| American kestrel | 5 | |
| Prairie falcon | 5 | |
| Merlin | 3 | |
| Statewide | Gyrfalcon | 5 |
(h) Shipping and Verification of Capture Permits.
After permittees capture or receive raptors, the raptors will be presented within five (5) days at the Wyoming Game and Fish district office during normal working hours in the area of capture or where received. The raptors will be inspected and verified as to species. A shipping and verification of capture permit must be obtained by both residents and nonresidents to verify receipt of raptor. Permittee must furnish to the department the legal description to include 1/4 Sec. Sec.
Twn. Rng. of the nest site and/or location of capture at the time the raptor is presented for inspection. Failure to provide accurate and verifiable data shall be a violation of this regulation. A shipping and possession permit will not be issued unless this information is supplied in full.
(i) Any person possessing a lawfully taken raptor prior to January 1, 1977, in numbers in excess of his class permit or who fails to meet permit requirements, shall be allowed to retain raptors provided all birds possessed are marked with a marker furnished by the Service. Replacement cannot be made if death, loss or escape occurs except that a permittee who possessed raptors in excess of his class permit shall qualify for replacement when birds in his possession number at least one (1) less than authorized by his class permit.
(ii) Written permission must be obtained from the department prior to the intentional release of any raptor not indigenous to the state. The department shall be notified prior to the intentional release of any raptor, at which time the marker will be removed and surrendered to the department. A standard federal bird band shall be attached to the bird by the department or a Service authorized federal bird bander whenever possible.
(iii) A raptor possessed under authority of a falconry permit may be temporarily held by a person other than the permittee only if that person is otherwise authorized to possess raptors, and only if the raptor is accompanied at all times by the properly completed form 3-186A (Migratory Bird Acquisition/Disposition Report) designating the permittee as the processor of record and by a signed, dated statement from the permittee authorizing the temporary possession.
(iv) Feathers that are molted or those feathers from birds that die while held in captivity may be retained and exchanged by permittees only for imping purposes.
(v) Resident permittees will immediately notify the department of the loss or death of any raptor held by submitting a copy of form 3-186A (Migratory Bird Acquisition/Disposition Report). The marker from any bird dying in captivity will be surrendered to the department.
(vi) By June 30 of each year, resident permittees shall submit a report to the Cheyenne office of the department, advising the number of species of migratory birds, upland game and small game taken.
When a permittee moves from the location in which his raptor holding facilities have been inspected, he shall notify the Department within ten days of the new location where raptors will be held. The Department may inspect facilities at the new location to determine that they meet the requirements of this regulation.
(j) Revocation of Permits.
Violation of this regulation or federal regulation is just cause for revocation of falconry permits by the commission.
(k) Mice, starlings, English sparrows and rock doves may be taken for the purpose of attracting and trapping raptors. The use of all other native wildlife species for this purpose is prohibited.
(l) It shall be unlawful to take or possess wild raptor, owl or eagle eggs at any time.
(m) It shall be unlawful to take or possess from any dead raptor, osprey, owl or eagle, any part thereof at any time, except as provided in these regulations.
(n) No license will be issued to capture peregrine falcons, owls, eagles or osprey.
Section 5. Permanent Transfer of Raptors. Legally taken raptors may be permanently transferred between holders of resident falconry permits only after receipt of written approval from the department providing no money or other consideration is involved. Captive reared raptors may be permanently transferred after written approval is obtained from the department, regardless of residency.
Section 6. Sale of Raptors. No person shall purchase, barter or sell or offer to purchase, barter or sell any wild raptor, raptor eggs or raptor semen within Wyoming. A person with a valid State wildlife agency raptor propagation permit or falconry license may purchase or acquire by barter a captive-produced falcon as provided for in Section 5 (a) of Wyoming Game and Fish Commission Regulation, Chapter XXV.I, Raptor Propagation Regulation.
Section 7. Hunting with Raptors. Persons holding a valid license for game birds or small game animals and a license to hunt with raptors may hunt, pursue and kill game birds and small game animals in and during any of the established hunting areas and seasons in accordance with existing regulations under the following provisions:
(a) While hunting with a raptor, no person shall carry a firearm.
(b) Persons hunting with raptors may hunt, pursue and kill game birds without distinction as to sex.
Section 8. Most Restrictive State or Federal Regulation. State and Federal regulations govern the taking, possession and transportation of all raptors. In all cases, the most restrictive regulation, whether Federal or State shall apply.
BY:
NORMAN F. PAPE PRESIDENT
Dated: July 9, 1991