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HomeMy WebLinkAboutF & Gw~ Commissioners Michael Sutton, President Monterey Richard Rogers, Vice President Santa Barbara Jim ICellogg, Member - Discovery Bay Jack Baylis, Member Los Angeles Vacant, Member STATE OF CALIFORNIA Edmund G. Brown Jr., Governor Fish and Game Commission _!~` ,~:. February 15, 2013 TO ALL INTERESTED AND AIFFECTED PARTIES Sonke Mastrup, Executive Director 1436 Ninth Street, Room 1320 Sacramento, CA 95814 (916) 653-,4859 (916)653-5Q4U Fax www.fgc.ca.gov cs.•-ir • •~~- ~- FEB 2 ~ 203 This is to provide you with a copy of the notice of proposed regulatory actions relative to "Practice of Falconry," in the sections identified in Title 14, California Cade of Regulations, which appeared in the California Regulatory Notice Register on December 14, 2012. Proposed changes to text as set forth in Notice Register 2012, No. 50-Z, remain the same, except nonsubstantial and substantial modifications sufficiently related to the text of the regulations as originally proposed are now shown in double-underline and ~fr~~°^~ ~•-~ ~^^'°~"^°. Alf documents as well as supporting documents are also made available on the Commission's website at httl,:llwww.fgc.ca.gou. The proposed language for Section 870 is updated to reflect stakeholder requests made via written comments as well as oral testimony made at the Commission's February 8, 2013 meeting. NOTE: Since the Commission is required to meet the transition schedule of the Falconry program from Federal #a State regulations by September 1, 2013 it is exercising its powers under Section 202 of the Fish and Game Code "Regulations adopted pursuant to this article shall not be subject to the time periods for the adoption, amendment, or repeal of regulations prescribed in Sections 11343.4, 11346.4, 11348.8, and 11347.1 of the Government Code." Please note the dates of the public hearing related to this matter and associated deadlines for receipt of written and oral comments. Dr. Eric Loft, Department of f=ish and Game, phone (916) 445-3555, has been designated #o respond to questions an the substance of the proposed regulations; and inquiries concerning the regulatory process may be directed to me, at (916) 853-4899. Associate Govern Attachment Program Analyst C~ ~ ~,~u ~~ y (c+~-ty~ Section fi70, Title 14, CCR, is amended to read: § 670. Practice of Falconry. r r`CC7 n~iinn~r_+roQ~ rl .~nr1 nl+snnr~l in n~rc~TnrmL_~~s ~~ ~ ~_ Ir__ ~nlclnlc~_ rrtition in cr rh~an4inn_./~1_ahaLiaL ~tt~: .-,nnlie+n+iran fr.r ~nai n{.~cc of iinone+e r r ~ nh.+ll h~ .+rlir rn4nrl ~nnr r.~lla~ nor ~ioh nnrJ l"_`~r~e ~nrl~Cnn__~inn-7_~1_~ !G\ Cv~+rrain•+$inn Di+~rr rirr~mran+ /C`c~nfirarr ~') 7D ri='C?~ ~; r _! o ~r~}o of rho nrinr ov~min_~ian_ ~~,,• 7 s tC.7~. s e f Cr\n+ir\n X7'1 ' ]OlL \ f GIB 1 r1/"i i'YIiYlinniAn 1 1 1 In+il III rerrl l irnr r\on +n h~\/e h eron fl Ilfillorl 1 avr\c\rionnr_\ r\r 11+~ I ro inonoo . o f 1 7 ren~rrl rr~r~~ ~i r~~ e~_~TI-ICnc rr\rl zl~ +n nTl he~\ 1/f'1 R+ h\ n~~ 1 / +h r_\nc\ ror\111.~+i r\nn 1 7 1 f • , f C~`~' ~~I ~Ihc cn+inn rn_~ L~1~DG17°~~~nvi~-rr~rr pv~ cr~ro ~~ ~~~' 7C]/il/ ill r'C k7 oh.~ll m r~il .~ nnr\a/ ref nr\mr \lo+a rl forla r.~l Cr\rm '~_'Ef2L,' ^ 7nr1 ~ n nn\/ of 1 c~ ih~o~finr~L~l~h nvo l nn +h e rl.~ ~r th e hu rl is ~r~ ncforrcrl 1 • s s e - f.,.dnr.+l ..nlrarr+w+a nf /coe C cr++ln n `7 'I ~a rCQI 1 ellhr±an+inn I~1 7h rat l~enlnl~lr~ !D1 ~rnhihifinn of narb da l ir..Rr mn~r.51 ri}inn r.f R.~ 1uif ne#o hin A /w i'! hr111r on+ir~n r ~ Af+ar+ho or~rl icy ]'I 7a f CG?1 1i7.~r,# I.~il~l r,r hAnrl c rr+Air nnf hn 1 ~~ ~.1~ -rn~rlnlr /r•1/AllR1 hclniar fn r ~r lrli4inn~ l ron llir errlon +cl • v e 1 1 s • f 1 rnnrlifinrzc of ~hn r ~nr wli+ 1 ~ r ha~xilr ~mnrin~ n Lacir ol ~ nrf r~rr. nf h~rr ~~e d r.a^.1 ' r ~ > > ~ ~ f ~ T ~ i t t ~ hr~lnax vv~v r ~ ~vn~n~ r~ us~vv rorl_~~il orJ h rJSe~l i A ~ mo rin.~ r~ Lr~n+r~l .+.+ t .-1 irr ~.-.~ 1+.+.- .+...J .....1 r~ccrr ihcrl haln s~~- ~ i s nr.rf ~~~~ '(~~~~ ~ T i~ ~R '17 C h AI~1 NA taioo~. Innr~ ~Qi d r. nrFh nen~ir~rt lin o 4e~ v r F ~ z e ~ ~ i ' i ~ , ~ e ~ r 4 /Cl Anara~ictirl 11Aa+harJn of Tn 4a /Car.+ian 7'1 `}d f'`CL71 C?or~+n re moat ha ~7fran h~~..'fran ar t.rvr Ir»n~ annc~ c~~u~r~r 4 rJ hai ern ~ . f rir ac+nr~narl m~~r ha +.S Iron a+ arnr lima ll..ll I~ofini~ian of C.7anl.~nomonf I~oria~ • ICor+4inn ']'I r]~ (`CQ\ T_hn~'?~s~an}h nariarl far ~ ~ ~ , , ~ ~a) GENERAL PROVISIONS. Any person who wants to engage in falconry activities shall first apply for and be issued an annual falconry license (licensee) from the department. While engaged in falconry, residents, nonresidents and non-U.S. citizens shall car an on final ermit and all additional documentation or le ible co ies that authorizes them to practice falconry in California. Falconry activities shall be as b the Fish and Game Code and re ulations rovided herein. A licable rovided regulations adopted by the U.S. Secretary of the Interior pursuant to the_Miaratory Bird Treat Act MBTA and ublished in Title 50 Code of Federal Re ulations CFR Part 21 Revised 10/08/2008 are hereb incur orated -and made a art of these re ulations. The de artment shall make these and the federal re ulations available at www.dfg.ca.govllicensingl. b FALCONRY DEFINITIONS. For ur uses of this section the followin defnitions 1 "Abatement" is the use of trained ra tors to reduce human/wildlife conflicts. 2 "Ca tive-bred ra tor" means the ro en of a matin of ra tors in ca twit or progeny produced through artificial insemination. (3) "Capture" means to trap or capture or attempt to trap or capture a raptor from the wild. ~4) "Ea~ Iges" includes g.,olden eagle (Aquila chrysaetos), bald eagle (Haliaeetus ,._ halus), white-tailed eagle (Haliaeetus albicilla), _and_Steller's sea-eagle leucocep.,„ (Haliaeetus pelapicus). 5 "Exotic ra tor".is a ra for havin no subs ecies occurrin in the wild in the United States or Mexico and is not covered under the MBTA. (6) "Eyas raptor" or "nestling" is a young raptor not yet_capable of flight. 7 "Falcon "means the ossession housin tra in trans ort and use of ra tors for the purpose of hunting. or free. flight training. 8 "Hackin " is the tern ora or ermanent release of a ra tar 1-~eld far falcon to the w_ifd so that it may survive on its own. 9 "H brid ra tor" means offs rin~ of ra tars of enetwo or more distinct s ecies listed in Title 50, CFR, Section 10.13. {10) "Imp" is to cut a broken or damaged feather and replace or repair it with an undamaged feather. 11 "Im rint" means a ra for that is hand-raised in isolation from the si ht of other raptor_s_from..#wo weeks of aAe until it has fledged,.,, An, imprinted raptor is considered to be so for its entire lifetime. 12 "Nonnative ra tor" is an ra for that does not natural) occur in the state of California 13 "Passa era tor" is a 'uvenile ra for less than one ear old that is ca able of fli ht. 14 "Ra tor" means an bird of the Order Falconiformes Acci itriformes or Sfrigiformes, or hybrids thereof. (~ 5} "RequlatoN year" is the 12-month period starting July 1„„and ending the following June 30, and is the same as the falco,., ,nry_ license term. 16 "Wild ra tor" means a ra for removed from the wild for falcon in the United States or Mexico. It is considered a wild ca tured ra for no matter its time in ca tivit or whether it is transferred to other licensees or ermit es. c TAKE OF GAME SPECIES OR NONGAME BIRDS OR MAMMALS. Eve ~ erson using falconry raptors to hunt or take resid~,nt small game including upland game species, migratory game birds, or nongame birds or mammals in California shall abide _.,, b the laws and re ulations related to h „. ~~~~~ ~ ~~~_ untin ~~of such s ecies includin but not limited to licenses, seasons, ba_q limits~,,,and hunting hours. (d) TAKE OF STATE OR FEDERAL ~€BT_HREATEN D OR ENDAN E D SPECIES. A licensee shall ensure that falcon activities do not cause the take of state or federal) I+st2d~threatened or en an Bred wildlife, for example, by avoiding flying a raptor in the vicinity of the listed species. Any ~+stedthreatened or enaanpered bird or mammal taken b a ra for without intent shall be removed from the ra for as soon as practical, and left at the site where taken if dead, or taken to the nearest wildlife rehabilitation center if iniured.__The take shall be reported by„the licensee to the nearest U.S. Fish and Wildlife Service USFWS Ecalo ical Services Field Oflace or the nearest de artment re long) office www.df .ca. ovlre ions) within 10 calendar da s of the kill. The licensee shall re ort their name falcon ermit number date s ecies and sex if known) of the animal taken, and exact location of the kill ursuant to subsections (19].. {19){i) and {19){ii), Title 50. CFR. J {e} LICENSING. (1}FALCONRY LICENSES: A falconry license is issued in one of three falconry classes listed in subsection {e)(6) and may be issued to a: A California resident who is a I in for hislher first license• B California resident or nonresident who is a I in to renew a la sed license• {C} California resident who is applying to renew a license that has no# lapsed; and, (D} Nonresident or non-U.S. citizen falconer who has a valid.falconrv license issued from another state or count and intends to establish ermanent resident in California prior to becoming a resident. 2 APPLICATION FOR LICENSE. The a licant for a new license or la sed license shall. submit_a completed_New Falconry License Applicatian,,.,as specified in Section 703 to the address listed on the a lication. The a licant for a license renewal shall submit a tom feted Falcon License Renewal A lication ass ecifed in Section 703 to the address listed on the application. The department„ may issue new licenses and renew existin or la sed licenses with the conditions it determines are necessa to protect native wildlife, agriculture interests, animal welfare, andlor human health and safety A SIGNED CERTIFICATION. Each a lication shall contain a certification worded as follows: "I certif that I have read and am familiar with both the California and U.S. Fish and the Wildlife Service falconry regulations;and CFR 50. SECTIONS 2,1.2.9 THROUGH n , 21.30 onr^l *l,o fe.-lard AAi r~~ C2irr# Tr~~fi~ o^+ and that the information I am submitting is com lete and accurate to the best of m knowled a and belief. I understand that an false statement herein may subject me to cancellation of the application suspension or revocation of the license, andlor administrative, civil, or criminal penalties." The application shall be submitted with the a„pplicant's original signature. ~B) EXPERIENCE. The_.de~artment shall consider an applicant's falconry experience ac aired in California as well as ono#her state or count when evaluatin an a lication for an class of license. The de artment shall determine which class level of falconry license is appropriate, consistent with the class requirements herein and the documentation submitted with the application demonstrating prior falconry experience. nonresident falconer establishing permanent documentation of prior experience and any falconry [icens_e held from hislher previous state or country of origin a[anq with the completed application. The department shall continue to recognize a new resident's falconry license issued from another stafie or country, until the license expires, or the department approves or_denies the. application, whichever comes first. If a new resident's license expires shortly .before or shortly after helshe moves to California, helshe is allowed to practice falconry for up_to 120 days without a California license,,., according to (5){C) below. {3) EXAMINATION REQUIREMENT. Any person applying for hislher first falconry license m Ca,,.,., .,_. ,.., _.._. lifornia shall ass the falcon examination to demonstrate roficienc in falcon and ra tor-related subject areas before bein issued a license. Ana licant shall correct) answer at least 80 ercent of the uestions to ass the examination. An a licant who fails to ass the examination ma take another examination no earlier than the.day following *"r^^ m„r<+hn f~e~the date of the ailed examination. An . ,. w applicant_who provides documentation of successfully passing a federally a~roved examination in a state that has had its falconry regulations certified as specified in Tit{~ 50, CFR, Section 21.29, will not be required to take the_examination in California if the applicant took the examination within five nears from the date the application was submitted. 4 LAPSED LICENSES. If a license has la sed for fewer than five ears the license maybe renewed at the level held previously if the applicant provides proof of licensure at that level. If a license has lapsed for five years or more, the applicant shall successfully complete the California examination. Upon passing the examination, a license ma be renewed at the level reviousl held if the a licant rovides roof of licensure at that level. {5) NONRESIDENTS OF CALIFORNIA AND NON~US CITIZENS. {A) A nonresident licensed falconer ornon-U.S. citizen licensed falconer may tem oraril ractice falcon in California for u to 120 consecutive calendar da s without being required to obtain a Califomia falconry license. (B)_A nonresident licensed falconer or non-U.S. citizen licensed falconer may fly raptors held for falcon b a licensed California falconer rovided that written ermission is given to the nonresident ornon-U.S. citizen by the licensee. This written authorization must be carried with himlher while flying or transporting the raptor. C A nonresident licensed falconer ornon-U.S. citizen currentl licensed falconer shall provide and thereafter maintain facilities and equipment for raptors in hislher possession while practicing falconry in Califomia. Temporary facilities shall meet the standards in these regulations, including_but not limited to provisions described in subsection (1), and ~^ ^^°^'f'°~' ~^ ursuan_t to Title 50, CFR, Section 21.29. A nonresident ornon-U.S. citizen may house raptors in hislher possession at another --- licensed falconer's faciiities_while temporarily practicing falconry.. (6} FALCONRY CLASSES. There are three classes of licensed falconers in California: A rentice falconer General falconer and Master falconer. The de artment ma issue a falconry license in one of these classes to an applicant who meets the requirements and_ qualifiica#ions for the class as described in these regulations. ~A}APPRENTICE FALCONER. 1. AGE. Ap_applicant for an Apprentice falconer license shall be at least 12 years of age at the date__of application. If an applicant is less than 1S years of age, a parent.~r legal guardian-shall co-sign the application and shall be legally responsible far activities of the Apprentice falconer. 2. SPONSORSHIP. A s onsor is re wired for at least the first two ears in which an A rentice falcon license is held re ardless of the a e of the A rentice falconer. A sponsor shall be a Master falconer or a General falconer who has at least two years of experience at the General Falconer level. A sponsor shall certify in writing to the department that the sponsor will assist the Apprenfiice_falconer, as necessary, in learning the husbandry and training of raptors held for falconry,__learning the relevant wildlife laws and regulations; and determmmg_what species of raptor is a ro rate for the A rentice falcone , ' ' pp p ' pp r to possess; and will notify the department's License and Revenue Branch immediately if sponsorship terminates. 3. TERMINATION OF SPONSORSHIP. Ifs onsorshi is terminated an A rentice falconer and hislher sponsor shall immediately notify the department's License and Revenue Branch in writing. For a license to remain valid, the Apprentice falconer shat! acquire a new sponsor_wthin 30 calendar days from the date sponsorship is terminated, and_provde written notification, along with the certification described in subsection _ e 6 A 2 to the de artment once a new s onsor is secured. Failure to com I with s~onsorshi.p_reguirements will result in foss of aualifying time from the date sponsorship was terminated and no subsequent license will be issued until the two year requirements of sponsorship have been fulfilled. 4. POSSESSION OF RAPTORS. An A rentice falconer ma ossess for falcon purposes no mare than one wild or captive-bred red-tail~cf-hawk (~utea.jamaicensis) or American kestrel (Falco sparverius) at any one time, regardless of the number of state,. tribal, or territo_ria_I_falconry licenses in possession and only as long as the raptor in ossession is trained in the ursuit of ame and used in huntin . An A rentice falconer may only capture from the wild or possess a passa ered-tailed hawk or an American kestrel. Apprentice falconers are not required to capture a wild raptor themseives;,~the ra for can be transferred to himlher b another licensee. An A rentice falconer ma not ca tore from the wild or ossess an a as ra for or a ra for that is im rinted on humans. 5. _ F FACILITIES. Afte,r,,,su,ccessfully passmq the falco . ' ,,nry examina#ion, the facilit of an A rentice a licant shall ass an ins ection and be certified b the de artment ursuant to subsection ' (~, before a license_m~l be_issued. 6, ADVANCEMENT FROM APPRENTICE Ct.ASS. An Apprentice falconer shall submit a completed Apprentice Falconer's Annual Progress Report, as specified in Section 703 to the address listed on the re ort. The re ort shall demo ~ ,.,..., to ._a _._. nstra th t the Apprentice falconer has practiced falconry with a raptor at the Apprentice level for at least two wears, including maintaining, training, flying, and hunting with the raptor for at least four months in each regulator year, and a summary of the species the Apprentice op ssessed, how long each was possessed,,, how often each was #lown~ and„me#hods of ca tore and release. Na falcon school ro ram or education shall be substituted for the minimum eriod of two ears of ex erience as an A rentice falconer. (B} GENERAL FALCONER. 1. AGE. General falcon ers shall be at leasfi_16years of age. If an applicant is less than 18 years of age, a parent or legal guardian shall co-sign the application and shall be le all res onsible for activities of the General falconer. 2. POSSESSION OF RAPTORS. A General falconer may possess for falconex ur oses an wild ra tors ecies listed in subsection ~5 ,and any captive-bred or hybrid any species of Order Falconiformes, Accipitriformes, or Strigiformes, exce_p~ federally or state listed threatened or endangered species, and eagles. A General falconer shallpossess_no more than three raptors for use in falconry at any one time, regardless of the number of state, tribal, or ten'itorial falconry licenses in possession: and only_two of these raptors may be wild-caught. ~nly eyas or passage rapta,rs may be wild-cauq~t;_except American kestrel (Falco sparverius} or great horned owl (Bubo virginianus} may be captured at an~ge. 3. ADVANCEMENT FRAM GENERAL CLASS. A General falconer shall have racticed falcon with a ra for includin maintainin trainin fl in and huntin with the ra for at the General level for a# least five ears before advancin to Master falconer. No falcon school ro ram or education shall be substituted for the minimum eriod of fve ears of ex erience as a General falconer. (C} MASTER FALCONER. 1._ POSSESSION OF RAPTORS. A Master falconer may possess for falconry_purposes any wild raptor species listed in subsection IfEQ)(5l, and any captive-bred or hybrid of an s ecies of Order Falconiformes the Order Acci itriformes or the Order Stri iformes exce t federali or state listed threatened or endan Bred s ecies. A Master falconer may possess any number of raptors excepthelshe shall possess no more than five wild-caught raptors for use in falconry at any one time, regardless of the number of state,_tribal, or territorial falcon„ry,licenses in possession. Only eyas or passage raptors may be wild-caught;__„ ' _ .,., except American kestrel Falco„sparverius) or rest horned owl Bubo vir inianus ma be ca tared at an a e. 2. _POSSESSI~N OF EAGLES. A Master falconer may possess up to three eagles of any one time,_except no bald eagle maybe possessed. Eagles may not be,captured from the wild in California but ma be obtained from ~ca five breeders im orted from another state, or transferred from a rehabilitation facility if the eagle is non-releasable., The department shall _a_uthorize in writing which species of eagles a Master falconer may possess. The Master falconer shall submit a request for this authorization and include a resume of hislher ex erience in handlin lar a ra tors such as ea !es and two- letters of recommendation to the department's License_and Revenue Branch. The resume documenting experience shall include information about the type of large raptor s ecies handled such as ea les or lar a hawks the t e and duration of the activit in which experience was gained, and contact information for references who can verify the experience. The two fetters of recommendation shall be from persons with experience handlin, andlor fl m_ lar a ra tors. Each lett,,, that q v' a g_p er shall be a signed original ~~~ describes the author's ex erience with lar a ra tors and ma include but is not limited to, handling of raptors held by zoos, rehabilitating large raptors, or scientific studies involving large raptors. Each letter shall also assess the licensee's ability to care for eagles and fly_them in falconry. The department may„deny a reques# far a.Master falconer to possess an eagle if the applicant has less than the equivalent of two nears of ex erience handlin lar a ra tars or at the de artment's discretion the de artment determines that based on a letter of recommendation the. applicant is not capable of caring for the.eagle or flying it in falconry. (7) FEES. The base fee for a falconry license is specified in Fish and Game Code Section 396. Falconry related fees are specified in Section_703 for the following: (A) APPLICATION. An applicant shall submit a nonrefundable Falcanry,Appli,cation Fee when applying. for a new license or renewing a license. (B) EXAMINATION. An applicant shall submit a nonrefundable Falconry Examination Fee each time an a licant a lies to take an examination. C INSPECTION. Ana licant or licensee shall submit a nonrefundable Ins ection Fee riar to the de artment ins ectin hislher facilities ra tors if resent and a ui ment. The Ins ection Fee rovides for ins ections of u to five enclosures. 1. If a facility has mare than five enclosures, an additional inspection fee is re uired for every additional enclosure over five. (D) RE-INSPECTION. An applicant shall submit a nonrefundable Re-Inspection Fee_ when a facility fails to pass a previous inspection. (E) ADMINISTRATIVE PROCESSING. An applicant shall submit a nonrefundable Administrative Processing Fee far each Federal Form 3-186A submitted to the de artment's License and Revenue Branch when not usin the USFWS's electronic repori:inq stem on-line at https:/Imigbirdapps.fws.govlFalconrylsrvlindex.htm. (F) SPECIAL__RAPTOR CAPTURE DRAWING APPLICATION,,An„applicant shall submit a nonrefundable Special Raptor Capture Drawing Application Fee when applying to capture species with capture quotas. (G) SPECIAL RAPTOR CAPTURE PERMIT. A successful applicant shall submit the appropriate-nonrefundable Special Raptor Capture Permit fee to receive the p ,,,.,,_ ' ermit. (8) DENIAL. The department may deny the issuance of a new license or a renewal of an existing or lapsed license if: (A} The applicant ar licensee has failed to comply with regulations adopted pursuant to the Fis_ h and Game Code related to raptors. Fish and Game Cade Section 1054, or Penal Code Section 597 or 10 (B}The applicant or licensee has failed to comply with any provision of any statute, re ulation rule or ordinance existin in an other state or in an cit count or other local governing entity in any other state, that is related to the care and licensing of raptors, so long as the failure to comply would constitute a violation of the Fish and Game Code or regulations herein or Penal Code Section 597; (C~ The applicant or licensee has failed to comply with any provision of any federal statute, regulation, or rule that is related to the care and licensing_of raptors_,_including but not limited to Title 50, CFR Sections 21.29 and 21.30. (©} The department shall deny the issuance of a license or renewal of an existing license if the applicant ar licensee fails to submit all required items or perform any task necessary to obtain a license. Before denying an application for this reason, the department shall notify the applicant that the application is deficient. The_applicant _ma~r supplement an __a_pplication by providing the missing required information or materials. If sent. by_U.S. mail or other carrier, these materials,shall be postmarked no later than 30 calendar days after the date af,th~,proof ofaervice accompanying the department's notification. If the 30 calendar day deadline fails on a weekend or hofidaLr ,the submission of additianal information or materials will be acce ted until the close of business on the first state business da followin the deadline to submit additional information or materials. At its discretion, the department may extend this deadline for good cause.. If denied, the applicant or licensee may submit a new application at any time. (9) SUSPENSION AND REVOCATION. Any license issued pursuant to these regulations may be suspended or revoked at any time by the department for failure to com 1 with re ulations ado fed ursuant to the Fish and Game Code related to ra tors Fish and Game Code Section 1054 or Penal Code Section 597+~,^ +^,-,~,~..,~„a ~^^+~^^ ~~?!f t_he licensee has been convicted in a court of competent jurisdiction of -- - -- violating one of these provisions, the suspension or revocation shall take effect immediately. If the licensee has nat been convicted, the suspension or revocation shall take effect-when the time to , , request,.an„ap,peal ,p,ursuant to subsection (e~(11) has expired. A #imel~quest for an appeal wil! stay the department's suspension or revocation if the licensee was not convicted as described above. {1 sJ) PROOF OF SERVICE. All notices sent from the department to an applicant or licensee pursuant to subsections {e}(8) or (e)(9) shall include a proof of service that consists of a declaration of mailing, under penalty of periury, indicating the date_of mailing the department's notification, denial, or other correspondence. (11) APPEAL. Any applicant ar Licensee who is denied a license, an amendment to an existin license or has a license sus ended~~~~~r~r~~ _ o evoked b the de artment ursuant to these regulations may appeal that denial, amendment, suspension, or revocation by filing_ a written request for an appeal with the commission. If sent by U.S. maii_ or_other carrier, a request for an appeal shall be postmarked no later than 30 calendar days after the date of the roof of service accom an in the de artment`s notice of denial suspension, or revocation. If submitted electronically or by facsimile, it shall be received no later than 30 calendar days after the date of the proof of service. The commission est for an appeal that is,,submitted after the 30 calendar dau shall not accept a repo „ ,,,, .,.______ 13. deadline to re uest an a eal. if the 30 calendar da deadline falls on a weekend or holiday the re_ uest fo_r_app_eal wil! be accepted until the close of business on the first state business day following the deadline to submit a request for appeal. 12 RECORD KEEPING. A licensee shall retain co ies all falcon -related records hard copy or electronic) including but not limited to the applicant's falconry license, ra for transfer records ca tore and release and dis osition records im ort or ex ort documentation s onsorshi information annual re orts submitted to the de artment and all health records of raptors. possessed pursuant,to the falconry license !Falconry Records) for at least five years after the exp,ira~ion of the license. 13 NAME OR ADDRESS CHANGE. The licensee shall noti the de artment's License and Revenue Branch in writin of an Chan a of name or mailin address within 30 calendar days of the change. Facility address„changes must be reported within five calendar days of the change. (fl REPORTING REQUIREMENTS. 1 Licensees shall com I with USFWS's electronic re ortin re uirements on Federal Form 3-1$6A for a!I ra tors assessed. Federal Form 3~188A can be accessed at the USFWS's electronic re ortin s stem on-line at htt salmi birds s.fws. ovlFalcon Isrvlindex.htm. If a licensee is unable to use the Form 3-186A electronic re ortin s stem helshe ma submit a a er Form 3-186A b maii~ fax, or email to the department's License and, Revenue Branch, or helshe may report over the telephone to the License and Revenue Branch. The information from the, paper.form or during_a call will be entered into the„USFWS's electronic reporting system. by department staff, and the department shall ,charge an Administrative Processlng Fee as_specified in_S_ection 703, for each farm completed. 2 A licensee shall submit to the de artment's License and Revenue Branch a re ort usin the Resident Falconer Ra for Ca tune Reca tore and Release Re ort as s ecified in Section 703 within 10 calendar da s of ca tore of a ra for from the wild or the release of a raptor back to the wild._The submission shall include information about the count of ca Lure/release,_date of capturelrelease, „ ip i of the y p a descr~~~~t~on_ ca tore/release site, a description of the capture metho ,s,_,._ _ _ p ._' d species_information, and L.atitudelLongitude coordinates of capture/release site.,,„Capture, recapture and release in California mav_also be entered and reported electronically if the department offers an electronic re ortin s stem. Licensee shall also re ort the ca tore and release b enterln the re aired information on Form 3-18fiA in the USFWS's electronic re ortin s stem within 10 calendar da s of the ca tore. Upon applvinq for license renewal or within 10 calendar days after expiration of the license, whichever comes first, a licensee shall submit to the department, an annual re ort usin the Falcon Huntin Take Re ort ass ecified in Section 703 summarizin the number and t e of re s ecies taken while huntin counties hun#ed and birds used_in hunting during the most recent license year. Upon applvinq for license renewal or within 10 calendar days after expiration of the license whichever comes first an A rentice falconer shall submit to the de artment's License and Revenue Branch an annual re ort usin the A rentice Falconer's Annual Progress Report, as specified in Section 703. The report shall be signed and dated by both the Apprentice falconer and sponsor.,The report will be used by the department to -- . determine uali in ex erience for future licenses. 12 (a) CAPTURING RAPTORS FRDM THE WILD. 1 A Resident licensed falconer ma not ca tore more than two ra tors from the wild durin the re ulato ear and onl as authorized for each falcon class license. 2 A Nonresident licensed falconer with a license to tactics falcon in a state certified accordin to Title 50 CFR Section 21.29 b 10 ma re asst to ca tore within California one wild ra for of the s ecies ass ecified in subsection 7 exciudin s ecies with ca tore uatas and shall submi# to the de artment's License and Revenue Branch a com lets Nonresident Falconer A lication far Ra for Ca tune Permit as s ecified in Section 703. The ermit issued shall be valid be innin on Jui 1 and endin on June 30 of the followin ermit ear or if issued after the be innin of the ear for the remainder of that ermit ear. Whether successful or unsuccessful in ca turin a ra tar the nonresident licensed falconer shall submit a com lets Nonresident Falconer Ra #or Ca tore Permit and Re ort ass ecified in Section 703. Nonresidents shall on1 ca tuts ra tors from the wild in accordance with the conditions of the ermit. Nonresidents that re asst to ca tore s ecies with ca tore uatas must submit a lication for the random drawin ass ecified in subsection 7 K . . 3 Ra tors ma be ca tared b tra ar net methods that do not inure them. The licensee shall identi all set tra s with the name and address of the licensee and shall check such tra sat least once eve 12 hours exce t that all snare t e tra s shall be attended at all times when they_are deployed. 4 A licensee shall be resent durin the ca tore of a ra for from the wild• however another General or Master licensed falconer ma ca tore the ra for for the licensee. A licensee's resence durin ca tore includes attendance of snare tra s or attendance while checkin non-snare tra sat least once eve 12 hours. If a licensee has a lon = term or ermanent h sisal im airment that revents himlher from attendin the ca tore of a ra for for use in falcon then another licensee ma ca tore a bird for the licensee without himlher bein resent. The licensee is res onsible for re ortin the ca tore. The ra for will count as one of the two ra tors the licensee is allowed to ca tore in that requlatory year. 5 The followin ra tors ecies ma be ca tared from the wild in California: Northern oshawk Acci iter entilis Coo en's hawk Acci iter coo stir sha -shinned hawk Acci iter striates red-tailed hawk Buteo 'amaicensis red-shouldered hawk Buteo lineatus merlin Falco columbarius American kestrel Falco s arverius rairie falcon Falco mexicaraus barred owl Strix varia and teat horned owl Bubo vin inianus . 6 No more than two nestlin s of the s ecies allowed for ca tore from the wild ma be ca tared b the same General or Master licensee durin the re ulato ear. In no case ma all nestlin s be ca tared and removed from an nest. At least one nestlin shall be left in a nest at all times. 7 The fallowin restrictions a ! to the total cumulative ca tore of wild ra tors amon all licensees. These restrictions are 'tn addition to the limitation of two wild ra tors er licensee durin the re ulato ear. {A) NORTHERN GOSHAWK. No more than one northern oshawk ma be ca tuned within the Lake Tahoe Basin durin the re ulato ear. 1. The Lake Tahoe Basin area is defined as those ortions of Placer E! Dorado and AI ins counties wi#hin a line: be innin at the north end of Lake Tahoe at the 13 California-Nevada state line approximately four miles north of Stateline Point in the near vicinity of _M_t,_Baldy; westerly along the Tahoe Divide between_the Lake Tahoe and Truckee River drains es to the intersection of the north line of Section ,~._~~ ~~~~ 6 ~ T17N R17E MDM; west aionq said north section line to the section corner common to section 25, 35,..and 36, T17N, R17E, MD_ 26,. _ , , M: sou#h approximately one mile-~long the common section line• southwesterl #o the intersection of the Tahoe Divide and Hi hwa 267 in the near vicinity_of Brockway Summit; southwesterly„in,,,the near vicinity of the Tahoe Divide to Mt. Pluto: south #o Mt. Watson; wes#erly approximately two miles to Painted Rock• southeri a roximatel two miles alon the Tahoe Divide to the intersection of Hi hwa 89• southwesterl alon the Tahoe Divide to Ward Peak• southeri approximately 30 miles aionq the Tahoe Divide to a point on the Echo Lakes Road; southeas#erl alon said road to Old Hi hwa 50• southeaster) alon Old Hi hwa 50 . to the intersection of the Echo Summit Tract Road; southerly afo„n.g, sa~d,.road to Hi hwa 50• easterl alan Hi hwa 50 to the intersection of the South Echo Summit Tract Road• souther) alon said road to the Tahoe Divide• souther) alon the Tahoe Divide ast the AI ine count line to Red Lake Peak• norther) alon the Tahoe Divide past Monument Peak to the_Califomia-Nevada,state line: north on the state line to the point of beginning. NOTE:_the area described, above includes the entire basin of Lake Tahoe within Califomia. (B) COOPER'S HAWK. No restrictions on cumula#ive number or„•location of Cooper's hawks captured statewide duri , ,~ ,._ nq the regulatory year. (_C~__S__HARP-SHINNED HAWK. No restrictions on cumulative number or location of shar -shinned hawks ca taredstatewide durin the re Mato ear. (D} RED-TAILED HAWK. No restrictions on cumulative number or location of red-tailed hawks ca tared s#atewide durin the re Mato ear. (E~ RED-SHOULDERED HAWK. No restrictions on cumulative number or location of red-shouldered hawks ca tared statewide durin the re Mato ear. (F) MERLlN. No restrictions on cumulative number or location of merlins captured statewide during the regulator~year, Me,rl,ins may be captured only from August 15 through February 28 every year. _U AMERICAN. KESTREL. No restrictions on cumulative number or location of American kestrels ca tared statewide durin the re Mato ear. H PRAIRIE FALCON. No more than 14 rairie falcons ma be ca tared er re Mato year, cumulative, sta#ewide (I) BARRED OWL. No res#rictions on cumulative,,number or location of barred owls captured statewide during the re,qulatory Year. J GREAT HORNED OWL. No restrictions on cumulative number or location of rest horned owls ca tared statewide durin the re Mato ear. _(K) RANDQM DRAWING. A_random drawing shall beheld by the department to d_etem~ine distribution of Special Raptor Capture Permits to capture Na.rthern goshawk and prairie falcon from the wilcf,,.,as specified in subsec#ion 670(g~7}. Applicants may be a resident andlor nonresident and must ossess a valid General or Master falcon License at the time of application to enter the drawinc~,Non-U.S. citizens are not eligible to enter the drawing. 1. A Resident a ficant shall not submit more than two drawin a lications each requlatar~year. ~~ 2. A Nonresident applicant shat! no# submit more than one drawing application per each ~re ulato ear. 3. A licants shall submit #o the de artment's License and Revenue Branch a S ecial Raptor Capture Drawing Application,. as specified in Section 703. Each application submitted must specify the falconer's name, contact information, GO ID number, the species he/she is applying for to capture from the wild, and include the. nonrefundable Drawing_Ap_plication Fee, as specified in Section 703_ 4. Applications must be received by midnight Pacific Standard Time, on i--1-Jan. 31 each year through the department's Automated License Data Sys#em. Incomplete, la#e and ineligible applications, and applications submitted wi_t_hout the_fe_e, shall not be included in the drawing. 5. Successful a licants and a list of alterna#es for each s ecies andlor area shall be de#ermined by random drawing within 10 business days following the application deadline date. If the drawing is delayed due__to_ circumstances beyond the department's control, the department shall conduct the drawing at the earliest date possible. 6. Successful and alternate applicants will be mailed notification as soon as practical. .Unsuccessful applicants shall be notified by mail. Upon_receip# ofi_the notification, the successful applicant shall submit the Raptor Capture Permit_Fee, as specified in Section 703, to the department's License and Revenue Branch by 6:00 p.m. on June 1 each year to claim the permit. If the deadline to submit the fee falls on a weekend or holiday, a meet wil! be acre ted until 5:00 .m. on the first state business da followin the deadline to submit amen#. Unclaimed ermits shall be awarded to alternates for that s ecies andlor area after June 1 on an individual basis in the order drawn. 7. A S ecial Ra for Ca tore Permit shall on! be issued to a successful a licant who holds a General or Master falcon license that is valid for the same license ear that the ermit shall be valid. Onl the ermit holder is entitled to ca Lure a ra for and the ermit shall be in immediate ossession of the ermit holder durin the ca #ure. Permits are not transferable and are valid only for the species, area and period as specified on the permit. 8. A permit holder who successfully captures a Northern goshawk or prairie falcon shall immediately complete the capture portion of the permit and shall return the permit to the department's License and Revenue Branch within 10 calendar_days of #he. The ---~-~- submission shall include information about the county of capture, date of capture a description of the cap#ure site, a description of the capture method, species information, and LatitudelLon itude coordinates of ca #ure site. The ca Lure ma also be entered and re orted electronical! if the de artment offers an elec#ronic re ortin s stem. The permit holder shall also report the cap#ure by entering the required information on Form 3-186A.,in,.f;he USFWS's elec#ronic reporting system within five calendar days of the capture. 9. A ermit holder who is unsuccessful in ca turin a Northern oshawk or rairie falcon shall indicate "unsuccessful" on the re ort card ortlon of the ermit and return it wi#hin 10 days of the close of the season. 10. The permit holder shall surrender his/her permit to an employee of the department for an act b the ermit holder that violates an ra for related rovision of the Fish and Game Code, or any regulation of the commission made pursuant thereto, and any ac# 15 on the art of the ermi# holder that endan ens the erson or ro er# of others. The decision of the department shall be final. (8} BANDED_OR MARKED RAPTORS. If a licensee captures a raptor that has a band, research marker, or transmitter attached to it, the licensee shall promptly report the, band number and al! other relevant information to the Federal Bird Banding Laboratory at 1-800-327-2263. If the raptor has a #ransmitter attached__to it, the licensee may possess the raptor for up to 30 calendar days, during which time the licensee shall make a reasonable attempt to contact the researcher. If the researcher wants to replace the transmitter or its batteries or have the #ransmitter removed and the bird released the researcher_or his or her designee may make such change. or allow the licensee to do so before the raptor is released. Temporary possession of such a raptor will not count a ains# a licensee's. ossession limit far falcon ra tors. If the researcher cannot be contacted or does not want the transmitter to remain on the raptor, the licensee may kee the ra for if it was otherwise lawfuli ca tuned. If the ra for belon s to a falconer subsection (_h)L1) shall apply. (9) INJURY DUE TO TRAPPING. If a raptor is injured due to trapping, the raptor may be ut on the licensee's falcon license and it will count as art of the ossession limit. If the licensee adds the ra for on the falcon license helshe shall re ort the ca tore to the department's License and Revenue Branch within 10 calendar days after capture, and shall Rave the raptor immediately treated by a veterinarian or a permitted California wildlife rehabilitator. Alternately, the iniured rap#or may be immediately given directly to a ve#erinarian or a permitted California wildlife rehabilitator. In either case, the licensee is responsible for the costs of care and rehabili#a#ion of the_raptor. (10) UNINTENTIONAL CAPTURE. A licensee shall immediately release any bird unintentionally captured that helshe is not authorized to possess. 1 }PUBLIC AND PRIVATE LANDS. A licensee is not authorized to capture raptors or p-ractice falconry on public lands where it is prohibited, on private rp aperty without, written permission from the landowner or #enant, or on tribal governmen# lands without written permission. The licensee shall carry the written permission while practicing falconry. ~h) POSSESSION, TRANSFER, AND DISPOSITION OF RAPTORS 1 PERMANENT TRANSFER OF RAPTOR. A licensee ma ac uire a ra for throu h a transfer and shall report the transfer by entering the required information on Form 3- 186A in the USFWS's electronic reportincl system within 10 calendar days of the transfer. The number of ra #ors ac aired throu h a transfer is no# restricted as Ion as the licensee abides by the requirements of hislher class, and does not exceed hislher possession limit. (A} if a licensee transfers a raptor removed from the wild #o another licensee in the same year in which it is captured, the raptor will count as one of the raptors the licensee is allowed to capture from the wild that year. It will not count as a capture by the recipient. (B) A surviving spouse, executor, administrator, or other legal representative of a deceased licensee may transfer any bird held by the licensee to another authorized licensee within 90 calendar days of the death of the licensee. After 90 calendar days. disposition of a rap#or held under the license is at the discretion of the department. 16 2 TEMPORARY TRANSFER OR CARE OF RAPTOR. An licensee who tern oraril transfers ossession of hislher ra for to another licensee or allows an unlicensed erson to tern oraril care for a ra for shall rovide written notification of such transfer to the de artment's License and Revenue Branch within 10 da s after the bird is transferred. The notification shall include contact information includin name address phone number, and email address of the temporary_ care_ iq vet. A Tem ora ossessian of a ra for b a licensee sha[I not exceed 120 consecutive calendar da s. Tem ora ossession ma exceed 120 da sand if a re uest is made to the de artment's License and Revenue Branch and written authorization is iven. Tem ora care of a ra for b an unlicensed erson shall not exceed a 45 consecutive calendar da eriod. A ra for cared for b an unlicensed erson shall remain housed at the licensee's facilit .The unlicensed erson is not authorized to fl the ra tor. The licensed erson ma fl the ra for if he Ishe ossesses the a ro riate level license. 3 POSSESSION OF RAPTORS FROM REHABILITATION FACILITIES. A licensee ma ossess a ra for of an a e that helshe is allowed to ossess ac uired from a ermitted wildlife rehabilitation facilit . Transfer of a nonreleasable wild ra 'tor from a ermitted California wildlife rehabilitation facilit is at the discretion of the rehabilitator and will count as one of the ra tors a licensee is allowed to ca tare from the wild durin the re ulato ear. A licensee ac uirin a ra for from a ermitted California wildlife rehabilitation facilit shalt re ort the transfer b enterin the re uired information on Form 3-18fiA in the USFWS's electronic re ortin s stem within 10 calendar da s of the transfer. 4 ASSISTING IN RAPTOR REHABILITATION. AGeneral or Master falconer ma assist a ermitted California wildlife rehabilitator to condi#ion a ra for for its release back into the wild. A rehabilitation ra tar ossessed for this ur ose shall not be added to the licensee's falcon license but shall remain under the ermit of the rehabilitator. A The rehabilitator shall rovide the licensee with a letter that identifies the ra for and ex lains that the falconer is assistin in its rehabilitation. The licensee shall have the letter or leaible copies in hislher possession while flyna the raptor for rehabilitation. B The licensee shall return an such ra for that cannot be released to the wild to the rehabiiitator within '180 calendar da sunless the rehabilitator transfers the ra for to the licensee. 5 IMPORTATION OF RAPTORS BY NONRESIDENTS OR NON-U.S. CITIZEN. A nonresident arnon-U.S. citizen ma tern oraril im ort lawful! ossessed ra tors inta California for u to 120 da s. The de artment's License and Revenue Branch shall be notified within 10 calendar da s riot to im ortin the ra tor. A nonresident or non-U.S. citizen shall submit to the de artment`s License and Revenue Branch official written authorit to ex ort ra tors from the on inatin state or count alon with a health certificate for the ra for riot to im ortin a ra tor. Anon-U.S. citizen ma im ort hislher falcon ra for that helshe ossesses le all ravided that im ortation of that s ecies into the United States is not rohibited and helshe has met all ermittin re uirements of hislher count of residence. Im ort of ra tors includin exotic ra tors may be subject to other state and federal laws. 6 RELEASE OF RAPTORS. A licensee ma release a native wild cau ht ra for to the wild in California onl to a location near the site that ra for was on inall ca tared and in a ro riate habitat for that s ecies of ra tor. If the licensee cannot access the site of 17 on final ca tune then licensee shall release in in a ro riate habitat for that s ecies of raptor. (A) Prior to release, the licensee shall ensure the immediate area around the release site is free from other ra tors. (B) The licensee shall remove any falconry band„,on_the raptor being released,;_however seamless bands shall remain attached. C A licensee ma not intentional) and ermanentl release anon-native ra for h brill or native ca tive~bred ra for to the wild in California unless authorized b the de artment. ' (7) HACKING. A wild raptor may be hacker!„for conditioning or as a method for release back into the wild. An h brill ca tive-bred or exotic ra for a licensee has in ossession ma be hacked for conditionin and shall have two attached functionin radio transmitters during hacking except native captive bred raptors shall have a minimum of one functioning transmitter. A iice~see may not_h_ack any raptor near a known nesting area. of a state or federally threatened or endangered ,animal species or in an other location where a ra for ma take or harm a state or federal) listed threatened or endan eyed animals ecies. Onl a General or Master falconer ma hack falconry raptors. 8 DEATH ESCAPE OR THEFT. A licensee whose ra for dies esca es or is stolen shall report the loss of the raptor by entering the required information on Form„,30186A in the USFWS's electronic re ortin s stem within 10 calendar da s of the loss. A . licensee may attempt to recover a_ raptor lost to the wild for uo to 30 days before reporting the loss. The licensee shall also report a theft of a raptor to an appropriate local law enforcement a enc within 1 O calendar da s of the loss. 9 DISPOSITION OF RAPTOR CARCASS. If a ra for dies and was banded or had an im !anted microchi the band or microchi shall be left in lace. If a licensee kee s the carcass or arts thereof helshe shall retain all records of the ra tor. A licensee must send the entire boll of a olden ea le carcass held for falcon includin a!I feathers talons, and other parts, to the National Eagle Repository,,.Within 10 calendar days the carcass shall be either: (A) Delivered to the department. A carcass may only be _deliriered to the department if the carcass is frozen and if the licensee obtains ermission from the de artment riot to delivery; or (B) _ tierao r.orFnrw.ar~• r~r ~~~..~~~~ (~-Donated town, erson authorized to possess th,e._raptor or parts thereof; or C Ke t b -the licensee for use in im in • or DL ~E--) Delivered to a taxidermist for mounting and possession b,rLthe, falconer; or E Burned buried or otherwise destro ed. (10) RECAPTURE. A licensee,may recapture a raptor wearing falconry equipment or a captive-bred or exotic raptor„at any time whether_.or not the licensee is authorized to possess the species. A recaptured raptor will not count against the possession limit of the licensee nor will its ca tore from the wild count a ainst the licensee's limit on number of raptors captured from the wild. The iicensee_shall report recaptured ra.p#ors to the de artment's License and Revenue Branch b submittin a com le#e Resident Falconer Ra tar Ca tore Reca tore and Release Re ort and b enterin the re aired ~s information on Form 3-186A in the USFWS's electronic reporting system within five ._ calendar days. (A) A recaptured falconry raptor shall be returned to the person who lawfully possessed p annat possess the raptor or does not wish.. to posses_s_it,_the licensee it. If that erson c,,,.. who reca tured the ra forma kee it if that s ecies is allowed under hislher existin license. If kept, the raptor will count towards the licensee's_.possession_llmit. 1. A licensee who retains a recaptured raptor shall. report the acquisition to the department's,,,l.icenseanl Revenue Branch by submitting a_complete Resident Falconer Ra for Ca #ure Reca tore and Release Re ort and b enterin the re wired information on Form 3-186A in the USFWS's electronic re ortin s stem within five calendar days. 2. If neither party wishes to keep the raptor, dispositio_ _n ofi the raptor will be a# the discretion of the department. '! 1 USE OF FEATHERS. A licensee ma ossess feathers of each s ecies of ra for authorized to be ossessed for as Ion as the licensee has a valid falcon license. For ea le feathers a licensee must follow federal standards as noted in Title 50 CFR Section 21.29. A licensee ma receive ra for feathers from another ersan in the United States as Ion as #hat erson is authorized to ossess the feathers. Feathers from a falcon ra forma be donated to an erson with a valid ermit to ossess them or to anyone exempt from a permit requirement for_feather possession. Any feathers of falconry raptors possessed by a falconer whose. license has expired or been.suspended or revoked shall be donated to any person exempt from the permit requirement ar authorized by permit to acquire and possess the feathers within 30 calendar days of the license expiration, suspension or revocation. If the feathers are not donated, they shall be burned, buried, or otherwise destroyed. ,~12} PURCHASE, BUY, SELL, TRADE, OR BARTER.. _No person may purchase, buy,. sell, trade ar barter_wild raptors or any parts thereof including but not limited to feathers. A licensee„-may purchase, buy,,. sell, trade or barter captive-bred, hybrid_or exotic raptors marked with seamless bands to other licensed falconers who are authorized to possess them. 13 USE OF HYBRID NON-NATIVE AND EXOTIC RAPTORS..When flown free h brid non-native or exotic ra tors shall have attached at least two functionin radio transmitters to allow the raptor to be located. (14) OTHER USES OF FALCONRY RAPTORS. , A licensee may use. falconry raptors for education, exhibiting, propagation, or abatement. A licensee may ~setransfer a wild- caught raptor to a motor grouagation permit f^r ~^...~° ,~ r"'rnr,c+c,o °+~r-,r +hnn f~lnnnn~' b~t the ra for shall have been used in falcon for at least two ears or at least one ear for a shar -shinned hawk merlin Coo ers hawk and American kestrel. a~etl~e~-use. A wild caught raptor may be ~ ~~^~_f^r lo,~rf~ il_n~ ~rr,ncactransfered to anofiher permit type other than falconry ir, ~°°° +har, +,ti,n-,~°~,rn ^nly if it has been iniured_and can no longer be used, in.falco,rt,ry.,,1„rl,t~is case, the licensee shall. provide a_copy of a certification from a veterinarian to the de artment's License and Revenue Branch stating that the raptor is not useable in falcon. ~A) EDUCATION AND EXHIBITING. A licensee may use raptars in thejr possession for training purposes,,,education field meets, and media (filming,_phot_ography, advertisements etc. as noted in Title 50 CFR Section 21.29 if the licensee 19 ossesses the a ro riate valid federal ermits as lon as the ra for is rimaril used for falconry and the activity is related to the .practice of falconry„or biology, ecology or conservation of ra #ors and other mi rato birds. An fees char ed com ensation or a received durin the use of falcon ra tors for these ur oses ma not exceed the amount required #o recover costs. An Apprentice falconer, may use hislher falconry ra for for education u oses onl under the su envision of a General or Master falconer. B PROPAGATION. A licensee ma conduct ro a ation activities with ra tors ossessed under a falcon ermit if the licensee ossesses a valid federal Ra for Pro a ation Permit and-the erson overseein ro a ation has an other necessa state and federal authorization or ermits. The ra for shall be ermanen#I transferred from a falcon license to a federal Ra for Pro a ation Permit if it is used far rp opagation eight months or more in a regufator}~year in captive propagation and shall be reported by entering the_reguired infar_mation on Form 3-186A in the USFWS's electronic re ortin s stem. Transfer of a ra for from a falcon License to a federal Ra for Pro a ation Permit is not re aired if the ra #or is used for ro a ation ur oses fewer than eight months in a regulatory year. C ABATEMENT. A Master falconer ma conduct abatement activities with ra #ors ossessed under a falcon license and receive a ment if the licensee ossesses a valid federal Special Purpose Abatement Permit. A General falconer may conduct abatement activities only as a_ _sub-permittee of the holder„af a valid federal Special Purpose Abatement Permit. °uym°^* f^~- rr,,.,~.a~nn .~"~f°~,~,°~f ~o^~;^o~. Y,.,n...,^~•~ h„ (i) BANDING AND TAGGING. 1 A oshawk ere rive raalcon or Harris hawk ca tared from the wild-+e Oafi#e~-ia~ or ac aired from another licensee or a ermitted California wildlife rehabilitator shall be banded with a ermanent nonreusable numbered USFWS le band if the ra for is not alread banded. Ca tive bred ra tors f"°+ ire ~,~+d,~ , ~r,rler +~-,o A-shall be banded with seamless bands. A A licensee shall obtain a band from the de artment's License and Revenue Branch or re Tonal office rior to ca turin a ra for from the wild. B A licensee ma urchase and im lant an ISO International Or anization for Standardiza#ion -com liant 134.2 kHz microchi Ln addition to the band. The Licensee shall re ort the band number and the microchi information on Form 3-186A in the USFWS's electronic reportm,g sys#em. (2) Lost oi- Removed Bands. A_band may be intentionally, removed from a raptor only by a de artmen# em to ee or a erson authorized b the de artment's License and Revenue Branch or re Tonal office. A licensee shall re ort the loss or removal of an band to the de artment's License and Revenue Branch and enter the re aired information on Form 3-186A in_the USFWS's electronic report,i,ng system within five calendar da s of the loss or removal. 3 Rebandin A licensee shall reband a ra for if the on final band is lost or removed. The licensee shall enter the re aired information on Form 3-186A in the USFWS's electronic re ortin s stem within 10 calendar da s of rebandin . Zo 4 ro i__ition on Defacing Band. The alteration, counterfeitin or defacin . g _ g of a bind is prohibited except that licensees may remove the rear tab or may smooth anv imperfect surface provided. the integrity of the band and numbering are not affected. _ 5 Health Considerations. The department may approve an exemption from t_he banding requirement if a licensee provides documentation that health or iniurv problems to a raptor are caused by a band. If an exemption is approved, the licensee shall keep the written exemption and shall carry a copy when transporting or flying the raptor. If a wild Northern goshawk is exempted from the banding requirement, an ISO-compliant microchi su lied b the USFWS shall be used instead. (j) FACILITIES, EQUIPMENT. AND INSPECTIONS, ,,, ,... ~) HOUSING STANDARDS AND SPECIFICATIONS. Raptor housing_facilities shall meet the standards in Title 50, CFR, Section 2'l .29(d) at all times. Raptor housing facilities shall be inspected and certi#ied by the department prior to issuance of a falcon license. Thereafter a licensee shall maintain a roved ennanent facilities for housing raptors. (A) Raptor housing facilities shall protect raptors housed in them from predators, the environment, domestic animals, and escape, and shall provide a healthy, clean, and safe environment. ~B) Indoor {"mews") or outdoor ("weathering area") raptor facilities may be used to house raptors. (C) Falconry raptors may be kept outside in the open rte,,^"-~~-;r_' ,,,,°~*"^r.^ry ..°~,at_at anv location, only if they are in the immediate presence of a licensed falconer. (D) Permanent falconry facilities may be either on property owned by a licensee, on property owned by another person where a licensee resides, or elsewhere with property owner approval. E A licensee shall report to the departmen#'s License and Revenue Branch, in writing within _five calendar days if the licensee., moves hislher permanent falconr~faciiities to another location b submittin a com _ y g .,, pleted Raptor Facilities and Falconry Equipment Ins ection Re ort ass ecified in Section 703 and the ins ection fee. 2 EQUIPMENT. A licensee shall have 'esses or other materials and a ui ment to make them, IeashL swivel, bath container, and appropriate scales or balances for wei hin ra tors helshe ossess. (3) INSPECTIONS. Inspections of indoor or outdoor facilities, eauipment, and raptors shall be conducted by the department. Inspections are required for a new applicant, applicants renewing a lapsed license, and licensees that move facility housing to a new address,. and these persons shall initiate the inspection by submitting a com~l,ete Raptor Facilities and Falcon E ui ment Ins ection Re ort and fees ass ecified in Section 703. Equipment and facilities that meet the minimum federal standards shall be certified by the department using_th_e Raptor Facilities and Falconry Equipment Inspection Report. Equipment and facilities that do not meet the minimum standards and specifications shat! not be certified, by the department. (A) The department may conduct unannounced visits to inspect facilities, equipment, or raptors possessed _~ the_licensee, and may enter the premises of any_ licensed falconer during a reasonable time of the day and on any day of the week. The department may also inspect, audit, or copy any_permit, license, book, or record required to be kept.,by the licensee under these regulations at any time. z~ B If a licensee's facilities are not on ro ert owned b the licensee he/she shall submit to the de artment's License and Revenue Branch a si ned and dated statement indicating the oropertv owner agrees that the falconry facilities and raptors may be meet without ads, Note: Authori :Fish and Game Code Sections: 200 202 203 355 356 395 396 398, 71Q.5, 710.7, 713, '!050,;_'1054,_153.0_ , '1553, 1802, 3007, 3031,x 3039,,3503, 35D3.5, 3511, 3513, 38D0, 3801.6, 3950, 4150, 10500. Reference: Fish and Game Code Sections: 395 396 713 1050 3007 3031 3503 3503.5 351'! 3513 3801.6. Title 50 Code ofi Federal Regulations, Parts 21.29 and 21.30, and California Penal Code Section 597. ...,...~....,_......` Section fi78, Title 14, CCR, repealed; i~BC~ rGnF,~h~'in T O . , `~Llf1_snr-0 '106__Cich ~nrl !'_`.~rr,a (`nr1~ 22