Wyo. Code R. 040-0001-25
Effective Date: 09/08/1995 to 01/30/1996
Rule Type: Superceded Rules & Regulations
Reference Number: 040.0001.25.09081995
Section 1. Authority. This regulation is promulgated by authority of W.S. 23-1-302, 23-3-101 and 23-3-105.
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 25, and the Commission adopts the following definitions:
(a) 'Raptor' shall mean a live migratory bird of the Order Falconiformes (commonly called vultures, hawks, falcons and eagles) other than a vulture (Cathartes aura), an osprey (Pandion haliaetus), a bald eagle (Haliaeetus leucocephalus) or a golden eagle (Aquila chrysaetoo).
(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 a permit to take, possess or transport, sell, purchase, barter, offer to sell, purchase or barter raptors for falconry purposes.
(e) 'Capture license' shall mean a license to take any raptor.
(f) '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 7 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 falconry permit and/or a capture license from the Wyoming Game and Fish Department in accordance with the following provisions:
(a) Falconry Permit Conditions.
(i) A joint Wyoming-Federal falconry permit or a falconry permit from another state meeting federal falconry standards shall be required before any person may take, possess or transport any raptor for falconry purposes or practice falconry in Wyoming. A permit to practice falconry shall be valid upon issuance and expires three (3) years from the date of issuance or renewal unless otherwise restricted or revoked. Upon completion of the permit application requirements as described in this Section, the Department shall forward a copy of the completed application on a form approved by the Service, an original signed certification that the information provided in the application is valid as required by Title 50, Code of Federal Regulations (CFR) Part 21.28 (b)(1)(iii), the facilities inspection form indicating at least minimum standards are met, the applicant's check or money order for the federal permit fees and a copy of the issued Wyoming falconry permit to the appropriate issuing office of 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 Service as provided in Title 50, CFR Part 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 Title 50, CFR Parts 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 Service Form 3-186A (Migratory Bird Acquisition/Disposition Report) completed in accordance with the instructions on the form, to the issuing office of the Service 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.
(v) A raptor possessed under authority of a falconry permit may be held by a person other than the permittee for maintenance and care for a period not to exceed thirty (30) days. The raptor must be accompanied at all times by a properly completed Form 3-186A (Migratory Bird Acquisition/Disposition Report) designating the person caring for the raptor as the possessor of record and by a signed dated statement from the permittee authorizing the temporary possession.
(vi) A permittee may not take, possess or transport any peregrine falcon (Falco peregrinus), Gyrfalcon (Falco rusticolus), or Harris hawk (Parabuteo unicinctus) unless such bird is banded either by a seamless numbered band or by a permanent, non-reusable band provided by the Service.
(vii) Any gyrfalcon (Falco rusticolus) taken from the wild must be reported to the issuing office of the Service on Form 3-186A (Migratory Bird Acquisition/Disposition Report) within five (5) days of taking and must be banded with a permanent, non-reusable band provided by the service. No raptor removed from the wild may be banded with a seamless numbered band.
(viii) A permittee may not sell, purchase, barter or offer to sell, purchase or barter any raptor unless the raptor is marked on the raptor's leg (metatarsus) by a seamless numbered band supplied by the Service.
(ix) A permittee may not propagate raptors without prior acquisition of a valid raptor propagation permit issued under Title 50, CFR Part 21.30 - Raptor Propagation Permits.
(A) An Apprentice falconer must be at least fourteen (14) years of age and be 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) Apprentice falconer shall possess only an American kestrel (Falco sparverius), or a red-tailed hawk (Buteo jamaicensis) which must be taken from the wild.
(D) Apprentice falconers may not take eyas raptors.
(A) A general falconer must be at least eighteen (18) years of age and have at least two 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 take, transport or possess any golden eagle or any species listed as threatened or endangered in Title 50, CFR Part 17.11.
(A) An applicant shall have at least five (5) years of 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 obtain more than two raptors taken from the wild for replacement birds during any twelve (12) month period.
(C) A Master falconer may not take any species listed as endangered in Title 50, CFR 17.11, but may transport or possess such species in accordance with Title 50, CFR Part 17.
(D) A master falconer may not take, transport or possess any golden eagle for falconry purposes unless authorized in writing under Title 50, CFR Part 22.24.
(E) A master falconer may not take, in any twelve (12) month period, as part of the three bird limitation, more than one raptor listed as threatened in Title 50, CFR Part 17, and then only in accordance with those regulations.
(i) Prior to issuance of a falconry permit, applicants shall 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 regional offices of the Wyoming Game and Fish Department and will be given during normal business 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 permittee shall be in possession of any raptor and no permits to practice falconry shall be issued until an applicant's housing facilities and equipment have been inspected and approved. The applicant shall 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 Wyoming Game and Fish Department.
(ii) If additional or new raptor housing facilities are to be used, these facilities shall be inspected and approved before the housing facility is occupied by raptors. A Facilities and Inspection Report form shall be completed and approved by the local game warden and forwarded to the Cheyenne office of the Wyoming Game and Fish Department.
(iii) Indoor facilities (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.
(iv) Equipment shall include but not be limited to the following.
(A) Jesses - at least one (1) pair of Alymeri jesses or similar type construction of pliable, high-quality leather or suitable synthetic material to be used when any raptor is flown free (traditional 1-piece jesses may be used on raptors when not being flown.)
(B) Leashes and swivels - at least one (1) flexible weather resistant leach and one (1) swivel of acceptable falconry design.
(C) Bath container - at least one (1) suitable container, two to six inches deep and wider than the length of the raptor, for drinking and bathing for each raptor.
(D) Weighing device - a reliable scale or balance suitable for weighing the raptors(s) held and graduated to increments of not more than 15 grams (1/2 ounce) 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 for a period not to exceed 30 days. Temporary facilities 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 shall be marked in accordance with the following provisions:
(i) Any peregrine falcon (Falco peregrinus) gyrfalcon (Falco rusticolus) or Harris hawk (Parabuteo Unicinctus), except a captive bred raptor lawfully marked by a numbered, seamless band issued by the Service, must be banded with a permanent, non-reusable, numbered band issued by the Service. Gyrfalcons obtained from the wild in Wyoming shall be banded with black permanent non-reusable bands provided to the Department by the Service.
(ii) Any peregrine falcon (Falco peregrinus), gyrfalcon (Falco rusticolus), or Harris hawk (Parabuteo unicinctus) possessed for falconry purposes must be banded at all times in accordance with these standards.
(iii) The loss or removal of any band shall be reported to the issuing office of the Service within five (5) working days of the loss. The lost band must be replaced by a department employee or by the licensee in the presence of a department employee with a permanent, non-reusable band supplied to the department by the Service. Black permanent, non-reusable bands shall be used for raptors originating from the wild and yellow permanent, non-reusable bands for captive bred raptors. A Form 3-186A (Migratory Bird Acquisition/Disposition Report) completed in accordance with the instructions on the form, shall be submitted to the issuing Office of the Service within five (5) calendar days, reporting the loss and rebanding.
(iv) No one shall remove, alter, counterfeit or deface the numbered, non-reusable adjustable permanent marker (band), except that the permittee may remove the rear tab on the non-reusable band and may smooth any imperfect surface provided the integrity of the band or the numbering is not altered. A band that is causing damage to a raptor may be removed and another band replaced on the other leg of the raptor. Removal of any band and the rebanding shall be reported to the issuing Office of the Service within five (5) working days as described in (e)(iii) of this section.
(f) Taking of Raptors.
Any person with a valid falconry permit desiring to take any raptor shall make written application for and receive a capture license in accordance with the following provisions:
(i) Young birds not yet capable of flight (eyas birds) may only be taken by a properly permitted general or master falconer between June 10 and July 5, except that no raptors may be taken from any nest containing two (2) or less eyas birds and no more than two eyasses may be taken by any permittee between June 10 and July 5 in one year.
(ii) Passage raptors may be taken by a properly permitted falconer from January 1 - February 5 and from September 5 - December 31 except that banded raptors may be retrapped any time by the 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 twelve (12) month period may be for a gyrfalcon.
(iv) Applications for capture licenses for a goshawk, sharp-shinned hawk, Cooper's hawk, rough legged hawk, red-tailed hawk, Swainson's hawk, ferruginous hawk, American kestrel, prairie falcon, Merlin and gyrfalcon 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. The capture area is the entire state of Wyoming.
(v) Applicants desiring to trap golden eagles from the wild for use in falconry must request and obtain permission from the Service prior to exercising this privilege as provided in Title 50, CFR Part 22.24. In part, these federal regulations require that only golden eagles from a specified depredation area may be trapped for falconry purposes. Permission to trap golden eagles must be requested in writing from the Wyoming Animal Damage Control (ADC) supervisor subsequent to issuance of the permit to possess and transport golden eagles for falconry purposes. All such trapping must be conducted under direct supervision of the Wyoming ADC supervisor or designated project leader in the specified depredation area. Permission to trap golden eagles from the wild shall in no case extend more than 90 days from the date of issuance. Refer to Title 50, CFR Part 22.24 for detailed requirement for applying and possessing golden eagles.
(vi) Raptors taken from the wild shall be presented at a Department regional office during normal business hours within five (5) days of capture, except marked or jessed raptors that are recaptured. The 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 at the regional office. Failure to provide accurate and verifiable data shall be a violation of this regulation.
(vii) Only American kestrels (Falco sparverius) may be taken when over one (1) year old, except that any raptor other than endangered or threatened species taken under a depredation (or special purpose) permit may be used for falconry by general and master falconers.
(g) Other restrictions.
(i) Any person who possesses a lawfully acquired raptor before January 1, 1977, and who fails to meet the permit requirement shall be allowed to retain the raptors. All such birds shall be identified with markers (bands) supplied by the service and cannot be replaced if death, loss, release or escape occurs.
(ii) A person who possesses raptors before January 1, 1977, in excess of the number allowed under his class permit, shall be allowed to retain the extra raptors. All such birds shall be identified with markers supplied by the service and no replacement can occur, nor may an additional raptor be obtained until the number in possession is at least one less than the total number authorized by the class of permit held by the permittee.
(iii) No falconry permit holder shall intentionally release any non-indigenous raptor to the wild in Wyoming. The marker or band from an intentionally released bird which is indigenous to Wyoming shall also be removed and surrendered to the department. A standard federal bird band shall be attached to such birds by the department or service-authorized federal bird bander whenever possible.
(iv) Feathers that are molted or those feathers from birds held in captivity that die, may be retained and exchanged by permittee only for imping purposes.
(h) Revocation of Permits.
Violation of this regulation or federal regulations is just cause for revocation of falconry permits by the Commission.
(i) 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.
Section 5. Sale of Raptors. Except for captive-bred raptors, no person shall take, possess, purchase, barter or sell or offer to purchase, barter or sell any 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 Regulations, Chapter 25.1, Raptor Propagation Regulations.
Section 6. Hunting with Raptors. Persons holding a valid license for game bird 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 7. 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.
WYOMING GAME AND FISH COMMISSION
By:
MARY FLITNER PRESIDENT
Dated: July 11, 1995