HomeMy WebLinkAboutFandG Commission Notices - Falconry Regulations esuI rhC:GUWY
ADMINISTRATION
NOV 14 201
Commissioners STATE OF CALIFORNWV1U1-:,CALIFOI,NIfYalerie Termini,Executive Director
Eric Sklar,President Edmund G.Brown Jr.,Governor 1416 Ninth Street,Room 1320
Saint Helena Sacramento,CA 95814
Jacque Hostler-Carmesin,Vice President (916)653-4899
McKlnleyville Fish and Game Commission www.fgc.ca.gov
Anthony C.Williams,Member
Huntington Beach
Russell Bums,Member
Napa tri. .
Peter Silva,Member
Chula Vista
Wildlife Heritage and Conservation
Since 1870
November 10, 2016
TO ALL AFFECTED AND INTERESTED PARTIES:
This is to provide you with a notice of availability of a document added to the rulemaking
file to amend Section 670, Title 14, CCR, Re: Falconry regulations. The following
document is being added to the rulemaking file:
• Amended Initial Statement of Reasons for Regulatory Action dated November 9,
2016.
In addition to this mailing, this document is available for public inspection between the
hours of 8:00 am and 5:00 pm, Monday through Friday, at 1416 Ninth Street,
Room 1320, Sacramento, CA or on our website (link provided below).
Written comments must be received in the Commission office by 12:00 pm on
Friday, December 2, 2016. Interested persons may attend the December 8, 2016
hearing in the Hilton Garden Inn San Diego Mission Valley/Stadium, 3805 Murphy
Canyon Road, San Diego, California, on Thursday December 8, 2016 at 8:00 a.m.;
or as soon thereafter as the matter may be heard, and may present statements
orally or in writing relevant to this amended ISOR, or the rulemaking in general.
Additional information and all associated documents may be found on the Fish and
Game Commission website at http://www.fgc.ca.gov/regulations/2016/index.asp)#670 .
Carie Battistone, Senior Environmental Scientist, Department of Fish and Wildlife,
phone (916) 445-3615, has been designated to respond to questions on the
substance of the proposed regulations.
S'• erely,
n nellstrom
Associate Governmental Program Analyst
Attachment
STATE OF CALIFORNIA
FISH AND GAME COMMISSION
AMENDED INITIAL STATEMENT OF REASONS FOR REGULATORY ACTION
(Pre-publication of Notice Statement)
Amend Section 670
Title 14, California Code of Regulations
Re: Falconry
I. Date of Initial Statement of Reasons: .duly 26, 2016
Date ofth-e-A—mendedInitial Statement of Reasons. Novemb-e-rA 2016
Il. Dates and Locations of Scheduled Hearings:
(a) Notice Hearing: Date: August 25, 2016
Location: Folsom, CA
(b) Discussion Hearing: Date: October 20, 2096
Location: Eureka, CA
(c) Adoption Hearing: Date: December 8, 2016
Location: San Diego, CA
111. Description of Regulatory Action:
(a) Statement of Specific Purpose of Regulation Change and Factual Basis for
Determining that Regulation Change is Reasonably Necessary:
The falconry regulations were last amended in 2013 to conform to federal
guidelines which required states to adopt their own rules governing the sport. At
that time it was understood by the Fish and Game Commission (Commission),
falconers, and the public that the new California regulations would require future
amendments Heed-updg. The proposed amendments include numerous
changes to bring the regulations more in line with the current practice of falconry
in California and federal guidelines. In addition, editorial changes were needed
for clarity and consistency.
PROPOSED REGULATIONS
The changes currently proposed for inclusion are enumerated in the following
table. The first column is the current subsection to be amended. The second
column indicates the new subsection (renumbered) of the amendment, and the
third column contains the general subject to be changed, edited, or made more
specific (refer to the regulatory text for proposed language and context).
The amended ISOR adds statements of necessity to Section III (a)
Statement of Specific Purpose of Regulation Change and Factual Basis for
Determinina that Reaulation Change is Reasonably Necessary: other
clarifying statements; min r gditQrial ghancles. These statements re
entirely related to, and do not alter, the proposed regulatory_text in Section
670.
In response to comments from the California Hawking Club Depa ment of
Fi-sh andWildlife (Departmenth and other f I n rs.-th-e Commi5sion
revised the proposed regulatory text in two areas. Subsection 670(al was
revised to'reduce the number of documents required to be carried by
falconers co_tiers
when ��huntincFalconers will be required only to have in their
_ ..........................._..
imm i i n a v li ri in I f l n li-cgn a valid original
hunting license, and any required stamps, the same as required-
anrc
other hunter. Subsection 670(a)(4). which initially specified additional
documents related to falconry, has been deleted,
SubsegtiQn 7 h I n revised larif that falcon
facilities may be inspected only when the licensee_is._pr_eenFalconers
had expressed concern that Department staff entering their facilities
without the owner present would place unnecessary stress on the birds.
The Commission also added language to make it clear that attempts to
avoid inspection by repeatedly being unavailable may result in license
suspension. Licenses end under these circumstances m
r-einstated-u=m-cAm—pietilg-n--Q-f-an inspegfign finding no violations of these
regulations_or any license conditions.
The additions to the ISOR are indicated in bold, double underlinedtextin
this Amended Initial Statement of Reasons; deletions are indicated by
StFikeout +o„+ (Some minor edits, adds or deletes, for improved clarity, spelling,
punctuation, etc., that do not affect content, are not shown.)
Errors in the ISOR have also been corrected: in subsection 6701eu2 C th_e
word "expired" should not have been added and is therefore deleted._and
in subsection 670(e)(6)(C)l, the words "and eagles" should not have been
added and are therefore deleted.
-2-
Current New Reason for the Proposed Amendment
Subsection subsection Revision, Addition, or Deletion
670 670 The following minor editorial changes are proposed for clarity and
consistency in Title 14 throughout Section 670 where appropriate:
• Change all subsection titles from ALL CAPITALS to Upper/lower
case.
• Delete internal subsection references found within the same
subsection; replace with "as described (or specified) herein"where
appropriate.
• Change all Department website references to the current web
address: wildlife.ca.gov.
• Number or renumber subsections to separate different provisions
for clarity.
• Change all references to"regulatory year"to"license year'.
Change all references to"lapsed" licenses to "expired".
Change all references to "level"to"class".
• Change all references to "consecutive"days to"calendar days"
(e.g., 30 calendar days). This change does not conflict with
federal falconry regulations, which read "consecutive calendar
days".
Replace most references to"he/she"with "licensee", and "his/her"
with"the licensee's" (or similar as needed).
• Change all references to federal regulations found in Title 50,
CFR, Part 21, to"50 CFR 21"for consistency.
• The USFWS amended their falconry regulations to allow California
falconers to report directly to the Department. Accordingly, remove
all references to the federal form 3-186A and electronic reporting,
and replace with the Department's reporting system.
(a) (a)(1)-(6) . The current text of"Genera! Provisions" is contained b a
sinale paragraph and has been divided into 6 subsections for
greater clarity.
(a)(2) . Add clause to recognize exceptions required under Fish and
Game Code Section 12300, Application of code to California
Indians; Limitations and condition.
. Add the words"it shall be unlawful"to clarify that possession of a
valid falconry and hunting license is
am required while engaged in falconry activities,,and laces of-a
fisense violation of this requirement is a citable offense.
(a)(4) Delete frgm thas regulabon the requirement to carry other
documents that are only required in specific circumstances
as described in the Fish and Game Code or other regulations.
A+t-h-e P_.. n's Fequest, add language that speGi Pies the
r. al valid huntinr. IiGense when hunting wilth
• permissiien to illy OF hunt with another-fain-e- i
f
i
OFO
-3-
Current New Reason for the Proposed Amendment
Subsection subsection Revision, Addition, or Deletion
(a)(5) . Change the date of the Code of Federal Regulations to the most
recent 0710212015.
• Delete"The department shall make these and the federal
regulations available at www.dfg.ca.gov/licensing/". This
provision is duplicative since the Department is required by
law to maintain adopted regulations and make them easily
available to the ua blic.
Add a statement clarRying that thew aubt'c� may obtain and submit
forms at the License and Revenue Branch, or on the Department's
online reporting system.
(b) (b)(7) . Amend the definition of"Falconry" by deleting the reference to"free
flight." The word "training" includes free flight and other activities
when not in flight, so including the term "free flight" is
redundant.
(b)(8) . Amend the definition of"Hacking"which is a method of having the
raptor"gain experience and conditioning"
(b)(10) . Amend the definition of"Imp"to"Imping" using "another"feather to
repair a damaged feather on a bird.
(b)(12) . Add definition of"license year'for consistency with other
regulations. This replaces the definition of"Regulatory year" in
(b)(15).
(b)(15) . Delete definition of"Regulatory year"and replace with License
year(b)(12)for consistency with other regulations.
(c) (c) e When referring to California hunting laws and regulations, change
"related to"to"authorizing"for clarity.
(c) (c)(1) . Add clarity and improve instructions regarding procedures to follow
(A)—(B) in the event of inadvertent(for example, out of seasonl take of
wildlife (other than threatened or endangered species);
• Add lang_uag-_
consistency with federal reaulations. 50 CFR 21.291e1161.
Add "let it lay' language, meaning that if inadvertent take of wildlife
(other than threatened or endangered species)occurs to let the
raptor feed on it, but thP.falcmer__shall_not-take possession.
(c)(2) . Add the reporting of band or tag numbers (if any) of wildlife taken
unintentionally. Important wildlife information is gained through
band returns.
-4-
Current New Reason for the Proposed Amendment
Subsection subsection Revision, Addition, or Deletion
(d) (d) . Delete provisions requiring licensee to ensure that falconry
activities do not result in the take or possession of a threatened or
endangered wildlife species taken incidentally by a falconry raptor.
Threatened and en longer.,. s es may net be taken e
pessessed at any tome.
• Clarify that the take of threatened and endangered species,
candidate species or fully protected species is not authorized by a
falconry license.
Chanae the reporting of take of listed species to the License
and RMOug Branch rather than to the Department's
offices to provide a single point of contact.
(e) (e)(1)(A) . Add 'nonresident, or non-US citizen' to clarify who may apply for
a new licens-e.
(e)(1)(13) • Delete"resident or nonresident" and replace with "licensee"for
clarity as to who may renew. Add "...that has not been expire
for more than 5 years." clarifying that a formerly licensed
person who has left falconry, may become licensed agai
within 5 years without taking the examination,for consistency
with Department practice.
(e)(1)(C) . Delete"resident" and replace with "licensee"clarifying that any
licensee, and not only residents, may renew a license year-to-year
prior to its expiration.
(e)(1)(D) • Delete"...and intends to establish permanent residency in
California prior to becoming a resident,"since residency is not a
requirement for licensing in California (for example a non-US citizen
unlicensed falconer may apply in order to practice falconry);there is
no need for this provision.
(e)(2) (e)(2)(A)-(E) •
(e)(2)(A) • Delete "lapsed license" since a license expired more than 5
years cannot be renewed and therefore anew license All he
. Add reference to the "nonrefundable application fee"t2Gla fy
that the fee is due with the al2plicat"on.^
(e)(2)(B) • Add language to clarify that a license is renewable when not
expired more than 5 years.
• Add reference to the"nonrefundable application fee" to clarify
that the fee is due_with the_apphcation.
(e)(2)(D) • dimwalffication and
add a more concise phrase to clarify that the certification relates
to any"pending or previous administrative proceedings"that could
disqualify the applicant.
(e)(2)(E) . Clarify that the Department is"reviewing"the documents submitted
by the applicant rather than "evaluating".
-5-
Current New Reason for the Proposed Amendment
Subsection subsection Revision, Addition, or Deletion
(e)(2)(C) * Delete because residency is not a recLuJirement for obtai
falconry lacenar—
• Move the applicable nonresident provisions to subsection (e)(5)
Nonresidents of California and Non-US Citizens, keeping these
related regulations together for clarity.
(e)(3) (e)(3) • Re-number subsection to more clearly idenfify the different
parts of the provision.
• Add, "Any applicant not possessing a valid falconry license, or
required to apply for a new..."for clarity on who needs to take the
examination.
• Clarify that the fee is charged for each examination in order to
recover the Department's reasonable costs.
(e)(3)(A) * Add a new subsection specifying when an applicant ms not
2. and 3. required to take the,examination.
• Add language to clarify that nonresident and non-US citizens who
have a valid license are exempt from the examination.
• Add language for an exception when the applicant is a member of a
federally recognized tribe and has a valid falconry license issued
from that member's tribe, in accordance with FGC Section 12300.
(e)(3)(B) • Add language to clarify the necessity of an inspection of raptor
facilities prior to a license being issued to a new falconer applicant.
(e)(4) • pplete and re-write to clarify the provisions concernina__the
expiration and renewal of a falconry license.
• Clarify that a falconry license is not valid unless renewed annually
with the required application form and payment of fees.
(e)(4)(A)-(C) • Clarify that the practice of falconry is not allowed without a valid
license.in possession. under-aR expiFed IiGep .e and what steno
fa!Ge y GlaFify that.ten eXpired HG8Rse_06 not valid- unless renewed
• .
• Clarify that a license expired more than 5 years may not be
renewed but that an application for a new license is required.
• 5 years provides a clear timeframe during which_rel3ewal_can
occur and is consistent with existing Department_practice?S
(e)(5)(A) • Add, "The applicant is a member of a federally recognized tribe and
has a valid falconry license issued from that member's tribe" in
accordance with FGC Section 12300.
(e)(5)(A) (e)(5)(B) • Delete"fly raptors held for falconry'and add `practice falconry
1.-3. with raptors"to clarify that practicing falconry covers more than
just flying a raptor.
• Clarify that theme authorization to fly another California
licensee's raptor must be signed and dated and in possession.
• Clarify that the facilities of nonresident or non-U.S. citizen falconers
may be temporary but must still meet the housing standards in
California regulations, or nonresident or non-U.S. citizen falconers
may house raptors held under their license with another California
licensee.
-6-
Current New Reason for the Proposed Amendment
Subsection subsection Revision, Addition, or Deletion
(e)(5)(C) . Add provisions to clarify that a non-resident, or non-US citizen, or
tribally licensed falconer, seeking a California license, must submit
proof of a valid license and have the licensee's raptor facilities
inspected prior to obtaining a California license to ensure
Add provisions to clarify that a non-resident or non-US citizen, or
tribal member falconer without a valid license must apply as a new
applicant, pass the examination, and have their raptor facilities
inspected to obtain a California license.
(e)(6) (e}(6) - Clarify that the Department has 'sole discretion'to establish the
class for a falconer.
(e)(6)(A)3. - Clarify the necessity of maintaining a continuous sponsorship of an
apprentice, and what period of time will be counted toward a total of
2 years sponsorship should an apprentice lose his sponsor.
(e)(6)(A)4. - Add, "The Apprentice may take raptors less than 1 year old, except
nestlings." This language is the same as provided in 50 CFR
21.29(c)(2)(i)(E) limiting what can be permitted in California and
thus promodes consistency with Federal regulat"on_s_
- Add pl,aari_fication that an apprentice must maintain proof of legal
acquisition.
(e)(6)(A)6. - Clarify that it is the responsibility of the sponsor to certify that the
minimum requirements have been met by the apprentice.
(e)(6)(B)2. - Delete the portion of the provision regarding "threatened and
endangered species" because this is repetitive of the provisions
set forth lin subsection 670(4)which clearly proyide that a
falconry license does not authorize the take of species listed
as threatened or endangered, or wildlife designated as fully
protected within the state of California.
- Delete"and eagles" because the provisions set forth in
subsection (e)(6)(C)2. clearly provide that only a Master Falconer
may possess eagles.
Specify that the General class falconer must maintain proper
documentation of legal acquisition of birds, whether from Galifernia
OF elsewheFe another state or cguntrv.
(e)(6)(C)1. - Delete the portion of the provision regarding "threatened and
endangered species" because this as repetitive of the pEomisiam
set forth in subsection 670(d)which clearly provide that a
falconEy license does not authorize the take of species lusted
as threatened„or P,f dangerad, or wildlife designated as fully
protected within the state of California
nP .,
ns set foseh
rth 'n _ (017�1lI`17 a hinh nloarl PFOVide
� ,�ses v7"1
that a Ma6ter FAIR-open oar p966ess o g4s
• Specify that the Master class falconer must maintain proper
documentation of legal acquisition of birds, whether from Gaaifsrnia
nrnlm-crcvnc'"n'hhorrc another-state or country.
-7-
Current New Reason for the Proposed Amendment
Subsection subsection Revision, Addition, or Deletion
(e)(6)(C)2. . Add language specifying that proof of legal acquisition of eagles is
i - iv required.
• Clarify that eagles shall not be from the wild and may
only be obtained from a permitted source. Eagles in the wild are
fully protected in California and therefore can only be obtained from
a permitted source.
• Add language to allow temporary transfer of eagles from a
rehabilitation facility to a Master Falconer to assist in rehabilitation.
• Add clarification for original documentation yedfyiina the Master
Falconer's prior experience with eagles in order to obtain
Department authorization to possesses
(e)(7) (e)(7)(B) a Clarify that the examination fee must be paid each time the
applicant takes the examination.
(e)(7)(C)2. . Add language to clarify that a new inspection is not required if the
facilities shared by multiple falconers have passed a previous
inspection.
(e)(7)(E) . Clarify that the administrative processing fee is charged only when
the falconer requests that the Department enter the Resident
Falconer Raptor Capture, Recapture and Release Report form into
the Department's online reporting system.
(e)(7)(F)-(G) . Delete subsections concerning the Raptor Capture Drawing, and
consolidate in a new subsection (g)(8)together with the drawing
requirements for clarity.
(e)(8)(D) . Clarify that notification of danaal he Department is required to
be in writing.
(e)(9) . Add "the Fish and Game Code'to allow for suspension or
revocation based on violations of Fish and Game Code sections
pertaining to raptors.
• At the request of the Commission, add standards-to,Uuade th—e
Department in determining what types of violations would
finding by the Department that the violation(s) pertains to
conduct that threatens native wildlife,agricultural interests of
this state,the welfareof.the birds, or the safety of thepublic.
or that the licensee has had a prior conviction or suspension.
• Change"pursuant to"to"as described herein"for consistency.
(e)(10) • Change "pursuant to" to "as described herein"for
cgnsistencv.
(e)(11) . Add "30 calendar days"to clarify the last day for an appeal request.
(e)(12) a Delete"after the expiration of the license."The purpose of record
retention was to have a 5-year retention maximum, not until after
the license has expired which could be interpreted to mean
many more years.
-$-
Current New Reason for the Proposed Amendment
Subsection subsection Revision,Addition, or Deletion
(e)(13) . Change five"calendar" days to "business" days consistent with
state offices being open.
. Subsection is deleted, re-numbered and re-written for clarity.
. Change the reference from federal reporting forms to the
Department's online reporting system. The requirements for each
submittal are the same and the Administrative Processing Fee will
be charged in the same way.
• Add language to require that the inadvertent take of non-target
wildlife be reported on the Hunting Take Report. QaFify that the
set forth in 8 b6eGte.)no (G) and (d)
(g) (g)(1) . Revise to lower case"resident".
(g)(2) . Revise to lower case "nonresident".
• Delete text related to the requirements for a license since this has
already been described.
(g)(3) . Add a provision which specifies that non-U.S. citizens are not
eligible to capture any California wild raptor for consistency with
federal regulations.
• Re-number the subsequent subsections
(g)(7)(A) (g)(8)(A) . Clarify that there is no limit on capturing Northern Goshawk outside
of the Tahoe Basin.
(g)(7)(K) (g)(9) . Renumber subsection (g)(7)(K)1.-10. to (g)(9)(A)-(J)to separate the
1 -2 Special Raptor Capture Random Drawing requirements to its own
subsection.
. Clarify that the random drawing is to distribute permits for those
species with quotas as provided in (g)(8).
• Revise to lower case"resident" and "nonresident".
(g)(9)(C) . Clarify where licensee is to apply for drawing; ALDS, or other
lg and that a fee is required for each application.
(g)(9)(D) . Change the"midnight"deadline to 11:59 pm"for clarity
• Change the application deadline to May 15, closer to the actual
drawing date as a convenience to the participants.
. Delete ALDS since it duplicates the previous subsection.
• Delete"Incomplete, late ... shall not be included in the drawing"
because the drawing will be held based on the electronic filing of
the applications, which cannot be completed until the information is
correctly submitted.
(g)(9)(E) . Add a description of the random drawing and award method by
computer f�clarity.
-9-
Current New Reason for the Proposed Amendment
Subsection subsection Revision,Addition, or Deletion
(g)(9)(F) . Change notification process to exclude mailed notification because
both the entry and notice are only available online.
• Delete notification to unsuccessful applicants because the entry
and notification are only available online.
• Change deadline for permit payment to June 30, the last day of the
license year.
. Delete date associated with permits awarded to alternates, if any
are available, they will be awarded in the order drawn in the
random drawing.
(g)(9)(w) • Clarify that the capture Gan be reported online.
(9)(9)(1) • Clarify that when the permit holder is unsuccessful,the permit is to
be returned to the License and Revenue Branch with 10 days of the
expiration of the permit.
(g)(8) (9)(1 0)(A) • Clarify that any owner(not only a researcher)of a transmitter
should be contacted.
(g)(9) (g)(11) • Clarify that the iniury shall be reported online.
(g)(11) (g)(13) • Clarify that the written permission of the private property owner is to
be the original with signature.
(h)(2)(A) (h)(2)(A) . Clarify that a licensed falconer may temporarily possess and fly a
raptor if they possess the appropriate class to do so.
(h)(3) • Delete subsection (h)(3). The permanent disposition of wildlife,
including birds, from a rehabilitation facility is set forth in Section
679, Possession of Wildlife and Wildlife Rehabilitation.
(h)(4) (h)(3) • Clarify that falconers are permitted to have temporary possession,
while caring for an injured raptor.
(h)(3)(A) • Clarify that the terms of the transfer are at the discretion of the
rehabilitator to ensure the necessary care of the raptor
. Clarify that licensee must have legible documentation while
assisting a rehabilitator(not only while flying the raptor).
(h)(3)(B) • Delete provision that a rehabilitator can permanently transfer a
raptor to a licensee as this is not permitted LLnder subsection
671(f)14) of these reoulations.
• Add that the Department can make a determination for extended
care of the raptor by a licensee.
(h)(5) (h)(4) • Clarify that the importation of raptors by nonresidents or non-U.S.
citizens may require additional federal permits.
(h)(6) (h)(5)(B) • Add "metal"to designate band type.
(h)(5)(C) • Delete authorization to allow any release of non-native raptors.
-10-
Current New Reason for the Proposed Amendment
Subsection subsection Revision, Addition, or Deletion
(h)(5)(D) . Add language prohibiting the release of barred owl in California
(reason is due to conflicts with native spotted owls).
. Add License and Revenue Branch as point of contact, with Wildlife
Branch as responsible for disposition of barred owls.
(h)(7) (h)(B) . Add "or fully protected" according to California designation.
(h)(9) (h)(8) . Add "of any other raptor species"to clarify that following provisions
regarding carcasses are for raptors other than eagles.
(h)(8)(A) . Add License and Revenue Branch as point of contact, with Wildlife
Branch as responsible for disposition of any bird carcass to be
delivered to the Department.
. Revise for clarification the delivery of frozen raptor carcasses to the
Department.
(h)(8)(E) . Delete(D) and re-write as (E).
• Revise provisions regarding taxidermy, that only the licensee may
possess the mounted bird.
• Upon expiration of the license or the death of the licensee, the
mounted bird must be returned to the Department.
• Add License and Revenue Branch as point of contact, with Wildlife
Branch as responsible for disposition of the mount.
(h)(10)(A)2. (h)(9)(A)2. . Add License and Revenue Branch as a point of contact, and clarify
that the disposition of a recaptured and unwanted bird will be
determined by Wildlife Branch.
(h)(12) (h)(11) . Clarify the type of band as seamless"metal" bands.
• Delete"licensed falconers" and add "persons or entities"to clarify
that there are other types of permittees who can legally possess
raptors.
(h)(14) (h)(11 3)(B) . Transfer of raptors to a federal Propagation Permit shall be
reported on the falconer's report to the Department.
(i)(1) (i)(1) . Clarify that a goshawk captured in the wild in California be banded
with a permanent, nonreusable, numbered USFWS leg band.
. Add language to clarify that peregrine, gyrfalcon or Harris's hawk
(not allowed for wild capture in California)that are legally acquired
and imported into California also get a permanent, nonreusable,
numbered USFWS leg band if they do not already have one.
(i)(1)(A) (i)(1)(A) . Revise to designate that License and Revenue Branch distribute
"new or replacement permanent, nonreusable, numbered USFWS
leg" bands, and shall report banding data to the USFWS.
(i)(2) . Delete subsection regarding lost or removed bands here, and
incorporate into other subsections.
(i)(2) . Add provision that captive bred raptors listed under MBTA need a
seamless metal band. Added to comply with federal regulations.
(i)(3) . Delete subsection regarding rebinding here, and incorporate into
other subsections.
-11
Current New Reason for the Proposed Amendment
Subsection subsection Revision, Addition, or Deletion
(1)(3)-(4) . Add language to include lost or removed bands and rebanding
provisions. Revision was made to mirror the federal regulation that
allows the falconer to remove and reband birds under certain
circumstances.
. Revise to allow supervision of raptors by non-licensed falconers
(e.g. spouse,family member, etc.)while the raptor is outside.
• Specify a minimum age of 12 which is the same minimum age for
an apprentice class.
Q)(1)(E) 0)(1)(E) . Clarify the requirement for an inspection of raptor facilities and
associated fees for facilities moved to a new location.
6)(3) 0)(3) . Clarify that new applicants, including_pr'or lacensegs-whDm
license has been expired more than 5 years, are required to have
their facilities inspected.
0)(3)(A) . At the Commission's request, delete the word "premises" and add
"facilities"clarifying that inspections are applicable to the raptor
'facilities"as described in this subsection.
• At the add language that the
Department may enter the facilities only when the licensee is
present. Add additional language making it clear that licensees
refusing to allow insuection or attempting to avoid insnectio
by repeatedly being unavailable Osk suspension of their
license. Add language allowing the Department to reinstate a
suspended license upon successful_egm_n[etlon_of an
inspection with no violations of these r_eaulations__ r�r
license conditions. These proviision i Me. 09G�SSr'lLlC�4
present,accommodate falconer reguests that they be whole,
facilitating timely De
. ►f
will make a reasenahle attempt tG nentant linenoee nrinr to
nortUntiR9 the i mien
. 'Nest-=- " 'a the F861PORGibility of the
Iinencee to assure that the rlenadrpent'c r-entant infermatien_ic
GUFrent.)
0)(3)(B) 0)(3)(B) . Clarify that an original signature of the property owner on the
permission letter is required if the raptor facilities are located on
property not owned by the licensee.
-12-
(b) Authority and Reference Sections from Fish and Game Code for Regulation:
Authority: Sections: 200, 202, 203, 355, 356, 395, 396, 398, 710.5, 710.7, 713,
1050, 1054, 1530, 1583, 1802, 3007, 3031, 3039, 3503, 3503.5, 3511, 3513,
3800, 3801.6, 3950, 4150, and 10500, Fish and Game Code.
Reference: Sections: 395, 396, 713, 1050, 3007, 3031, 3503, 3503.5, 3511,
3513, and 3801.6 Fish and Game Code. Title 50, Code of Federal Regulations,
Parts 21.29 and 21.30, and California Penal Code Section 597.
(c) Specific Technology or Equipment Required by Regulatory Change: None.
(d) Identification of Reports or Documents Supporting Regulation Change: None.
(e) Public Discussions of Proposed Regulations Prior to Notice publication: None.
IV. Description of Reasonable Alternatives to Regulatory Action:
(a) Alternatives to Regulation Change:
During and since the previous update of the falconry regulations in 2013, the public
and licensed falconers provided recommendations for amendments to the
regulations. Those recommendations that were accepted are enumerated in the
ISOR. Some alternatives were rejected for the following reasons (subsection
citations are to the revised numbering of the amended text):
• §670(a)(2). A valid original hunting fir--ense A-Rd fa'GGRFY liGense are the on!
she„ Irl he. nne�rifie d her the DepaFtment
vn
QtheF dOGUmeRtat'GR that may be r-equiFed is noted throughout the
,
• §670(b)(12) Establish a three year license to replace the current single year
license.
Rejected: Hunting regulations are set by the license year, which is the 12 month
period starting July 1 and ending the following June 30, and is the same as the
falconry license term, or federal regulatory year. All licenses, tags, reporting
requirements, and permits issued by the Department are established for a period
of one year.
• §670(b)(13): Definition for "nonnative raptor" should include hybrid raptors.
Rejected: The Department does not consider hybrids as non-native in all cases.
• §670(d): Falconers cannot "ensure" that their raptors will not "take state or
federally listed threatened, endangered, or candidate wildlife, or wildlife
designated as fully protected within the State of California." The Department
should provide some relief from this no-take provision.
pFeteGted 1 avoid flyiRg the FaptGF iR that leGatien. in the event that
-13-
take GGGUrs, both regulatieRs provide that the f-alr0ener i.m.mediately
roPGrt the fake to ar\rlr9rlrlate federal and state autheriti - -
• R : The Federal Re lain inglude Ian ua e about ensurina take
of threatened or endangered species does not-occur. However, to beclew
lanauaae was added to the proposed reaulations_that_clarifies that take of
threatened, endangered, candidate wildlife, or wildlife desinnat �as full
protected is not authorized by a falconry license.
• §670(e)(1)(D): Include ability for a non-US citizen to use "equivalent experience"
in place of a current license when seeking a California license.
Rejected: All that is required to obtain a California falconry license is passing the
falconry examination which demonstrates basic knowledge, and_casSincLa
facility inspection. Other documentation may be used to demonstrate the class
level of the licensee with discretionary approval of the Department.
• §670(e)(4): Include some exemption for practicing falconry with an expired
license in case the Department is late processing.
Rejected: The Department has not been tardy issuing licenses since
administering the program.
• §670(e)(4): Add provision for Department to collect back fees if the individual
continues to practice falconry without a license.
Rejected: The penalties for illegally practicing falconry without a license (as with
hunting, fishing, etc.) are sufficient.
• §670(e)(5): Change to read, "A nonresident licensed falconer or non-U.S. citizen
licensed falconer may `transport their legally held raptors to' temporarily practice
falconry in California for up to 120 calendar days without being required to obtain
a California falconry license."
Rejected: The insertion of "transport their legally held raptors to" will not change
or clarify the current provision.
• §670(e)(6): Strike "at its sole discretion". If a falconer meets the requirements
and qualifications for the class described in these regulations the licensee should
be granted a license for that class.
Refected: The Department now has oversight of the falconry program in
California, and has the sole authority to determine if a falconer meets the
specified requirements for any falconry class.
• §670(e)(6)(A)2: Consider additional oversight of apprentice program.
Refected: The current oversight of the apprentice program mirrors that of the
federal regulations. No evidence that additional oversight is needed.
• §670(e)(6)(A)4: Change to read, "An Apprentice falconer may only capture from
the wild or possess a passage red-tailed hawk or an American kestrel of any
age.,0
Rejected: 50 CFR 21.29(c)(2)(i)(E) states that the apprentice "may take raptors
less than 1 year old, except nestlings." This same language is proposed as an
addition to this subsection.
• §670(e)(6)(A)4.,(B)2. and (C)1.: In each subsection for Apprentice, General and
Master class, it says, "Apprentice/GenerallM aster falconer must maintain written
proof of legal acquisition." This is redundant. It is elsewhere stated that all
falconers must report disposition of falconry raptors to the Department in a timely
manner.
-14-
Refected. The Department is requiring written documentation of legal acquisition
to be on-hand so the origin of all birds may be determined. When asked by law
enforcement they must produce a paper record.
• §670(e)(6)(B): The possession limits of raptors should be reduced, an
experienced falconer can handle two birds, three at most.
Rejected. Language in state regulations is consistent with federal regulations.
There is no evidence that more raptors in possession equates to reduced care.
The Department will retain existing language.
• §670(e)(6)(C)2.i.: Falconers wanted to add ". . . captured from the wild in
California pursuant to Fish and Game Code 3511, but . . ."
Reiected. Section 3511(a)(1) FGC also states "No provision of this code or any
other law shall be construed to authorize the issuance of a permit or license to
take a fully protected bird." The insertion of the reference to FGC 3511 in the
regulation would be repetitive and is presently cited in Authority and Reference.
• §670(e)(6)(C)2.ii.: Delete the portion of the provision regarding "eagles ...
transferred from a rehabilitation facility" thus allowing Master falconer possession
of a rehabilitated eagle.
Rejected: Possession of eagles with specified origins (not caught from the wild
in California), from a permitted source, and with proof of legal acquisition, is
clearly stated in subsections (e)(6)(C)2. i.-iii. A Master falconer may possess any
eagle (except bald eagles) within those qualifications. Section 679 further
provides for the permanent disposition from rehabilitation facilities of wildlife
including birds.
• §670(e)(8)(B): Delete failure to comply with city and local ordinances as a reason
for denial of a new or renewal license.
Resected: Allowing denials, revocations or suspensions based on a violation of a
city or county ordinance that constitutes a violation of the Fish and Game Code,
regulations related to raptors in Title 14, or Penal Code Section 597, protects
birds and the public by preventing persons who have not followed such
ordinances from holding a Department-issued license.
• §670(e)(9): The falconers disagree with the penalties for violation and propose
that they should be more in line with the hunting regulations section that deals
with license suspension and revocation.
Rejected. The Department does not support a change to these provisions, which
are uniquely tied to the falconry license and the possession of living raptors.
However, new language was added to theregulations h I ri wh
types of violations may result in a suspension or revocation.
• §670(g): Proposed that trapping raptors at any time of the year needs to be re-
examined; that some species may breed when less than one year old, while still
in their juvenile plumage; it is possible that someone might legally trap a juvenile
hawk that in fact has a nest with eggs or young, unbeknownst to the trapper. In
contrast, another commenter supported year-round take of raptors.
Rejected. The environmental review did not indicate there was an issue with
take of wild raptors for use in falconry. Current regulations restrict age and
number of young taken from a nest. Other restrictions are also instituted, such
as limitations on the number of goshawks in the Tahoe Basin, limitations on the
number of prairie falcons statewide, and seasonal restrictions for merlin.
Therefore, the current language will be retained.
-15-
• §670(g)(7): Suggested that the Department add ferruginous hawk to the list of
allowed species.
Reiected. Due to species decline as described in the Final Environmental
Document (FED) using best available population/trend data, the ferruginous
hawk was taken off the list of allowed raptors. There is no new data to indicate a
change from the conclusions of the FED.
• §670(g)(7)(A): Suggested removing the limit on Northern Goshawk in the Tahoe
Basin.
Rejected. Analysis in FED was based on best available population/trend data.
There is no change in knowledge from when the FED was completed.
• §670(g)(7)(H): Suggested removing statewide limit on prairie falcon.
Resected. Analysis in FED was based on best available population/trend data.
There is no change in knowledge from when the FED was completed.
• §670(g)(7)(K): Falconers suggested that the dates and terms of the Special
Capture Drawing and Permit appear to exclude spring captures and should be
changed.
Rejected. A permit to obtain a raptor with quota is issued in July and will be valid
for one year, including the following spring. However, new drawing dates move
the drawing closer to the issuance of the special permit in June.
• §670(h)(3): Falconers want to be able to obtain healthy rehabilitated raptors from
rehabilitation facilities.
Reiected. This entire subsection is removed because it is inconsistent with other
regulations in Title 14. Subsection 679(f)(4), Title 14, states: " If any
[rehabilitated]animal cannot be released, it shall be transferred to a zoological
garden, museum, college, university, or other education/research institution or
wildlife exhibitor." The current provision does not include falconers.
• §670(h)(4): Notification of importation of a raptor into California is excessive.
Reiected: These California provisions mirror those found in the federal
regulations 50 CFR 21.29, 14 (ii)(A) through (E).
• §670(h)(9)(D): Falconers want to modify the limitations on possession of birds to
say, "Possession of the mounted raptor will not count against the possession limit
of the falconer."
Reiected. The clarification is unnecessary, the Department has not and will not
count dead birds as a part of the possession limit described in regulation "for
falconry purposes." The possession of a carcass, parts, or a mounted bird is
permitted by a falconer provided that the license is not expired. After expiration,
or upon the death of the falconer, the mounted bird must be returned to the
Department for disposition. No other person may possess the mount.
• §670(h)(13)(C): Apprentice falconers should be able to work as sub-permittee for
abatement activities.
Rejected: Although a change to federal abatement regulations is proposed with
the USFWS, nothing has been approved.
• §670(i): Consider specialized banding of all falconry raptors.
Rejected: Though the Department considers this a worthy consideration, this is
outside of scope of this regulatory rulemaking.
• Address option of requiring a signed-off validation by agency staff (CDFW, U.S.
Fish and Wildlife Service) as part of reporting take in the future, similar to the
process for completing deer tags.
-16-
Refected: Outside of scope of this regulatory rulemaking.
• Address the option for allowing depredating raptors (those captured under
federal Migratory Bird Treaty Act depreciation permits) to be placed with
falconers.
• Rejected: Outside of scope of this regulatory rulemaking.
(b) No Change Alternative:
The falconry regulations were last amended in 2013 to conform to federal
guidelines which required states to adopt their own rules governing the sport. At
that time it was understood by the Commission, falconers, and the public that the
new California regulations would need updating and amending. The "No
Change" alternative would not update the regulations and would not meet this
expectation.
(c) Consideration of Alternatives:
In view of information currently possessed, no reasonable alternative considered
would be more effective in carrying out the purpose for which the regulation is
proposed, would be as effective and less burdensome to affected private persons
than the proposed regulation, or would be more cost effective to affected private
persons and equally effective in implementing the statutory policy or other
provision of law.
V. Mitigation Measures Required by Regulatory Action:
The proposed regulatory action will have no negative impact on the
environment. Therefore, no mitigation measures are needed.
VI. Impact of Regulatory Action:
The potential for significant statewide adverse economic impacts that might result
from the proposed regulatory action have been assessed, and the following initial
determinations relative to the required statutory categories have been made:
(a) Significant Statewide Adverse Economic Impact Directly Affecting Businesses,
Including the Ability of California Businesses to Compete with Businesses in
Other States:
The Commission does not anticipate significant statewide adverse economic
impact directly affecting business, including the ability of California businesses to
compete with businesses in other states. The proposed regulations amend the
existing rules for the sport of falconry, primarily for recreational purposes.
(b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of
New Businesses or the Elimination of Existing Businesses, or the Expansion of
Businesses in California; Benefits of the Regulation to the Health and Welfare of
California Residents, Worker Safety, and the State's Environment:
-17-
businesses, er the expansion of businesses; and no benefits to the henalth ancl,
el;n;;natinn of evicting bus;nessec
The Commission does not anticipate any significant impacts on the
creation or-ed—im i nation of jobs, the creation of new businesses or the
elimination of existina businesses or the expansion of businesses.–The
r r l i n r n n i m ffe-vt the health and
welfare of California residents. The proposed regulations are in aecord
with the broad aims of resource management but the cumulative effects are
anticipated to be neutral to the environment. The proposed regulations
affect a limited number offalconers in California there are approxi
615 1 icensed falconers i if rnia and therefore ar n ik t o impact
the creation or elimination of mobs, or the expansion or elimination of
xistina businesses,the health and welfare of California residents, or the
State's environment.
(c) Cost Impacts on a Representative Private Person or Business:
The proposed amendments do not impose any additional fees or costs to private
persons involved in the sport of falconry.
(d) Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the
State: None
(e) Nondiscretionary Costs/Savings to Local Agencies: None
(f) Programs Mandated on Local Agencies or School Districts: None
(g) Costs Imposed on Any Local Agency or School District that is Required to be
Reimbursed Under Part 7 (commencing with Section 17500) of Division 4,
Government Code: None
(h) Effect on Housing Costs: None
VII. Economic Impact Assessment
Approximately 615 people have falconry licenses in California. __Because
he proposed regulations affect a limited number of people, the proposed
reaulations are unlikely to impact the creation or elimination of lobs, or the
expansion or elimination of existing businesses, the health and welfare of
California residents, or the State's environment.
(a) Effects of the Regulation on the Creation or Elimination of Jobs Within the State:
Approximately 615 people have falconry licenses in California. Because
e proposed regulations affect a limited number of people in California.
The cumulative effects of the changes statewide are expected to be neutral with
regard to the creation or elimination of jobs within the State.
-18-
(b) Effects of the Regulation on the Creation of New Businesses or the Elimination of
Existing Businesses Within the State:
The proposed regula ions affect approximately 615 licensed falconers in
California; therefore the cumulative effects of the changes statewide are
expected to be neutral with regard to the creation of new businesses or the
elimination of existing businesses within the State.
(c) Effects of the Regulation on the Expansion of Businesses Currently Doing
Business Within the State:
The P-romed regulations affect approximately615 lliggnged falconers in
California; therefore the cumulative effects of the changes statewide are
expected to be neutral with regard to expansion of businesses currently doing
business within the State.
(d) Benefits of the Regulation to the Health and Welfare of California Residents:
The proposed regulations affect approximately 615 licensed fallconers in
California; therefore the cumulative effects of the changes statewide are
expected to be neutral with regard to the health and welfare of California
residents.
(e) Benefits of the Regulation to Worker Safety:
The proposed regulations do not address and will not affect worker safety.
(f) Benefits of the Regulation to the State's Environment:
The cumulative effects of the changes statewide are expected to be neutral with
regard to the state's environment.
(g) Other Benefits of the Regulation:
The Commission anticipates benefits to licensed falconers in the current practice
of the sport in California through clarified regulations.
-19-
Informative Digest/Policy Statement Overview
Amend Sections 670, Falconry, Title 14, California Code of Regulations (CCR).
The falconry regulations were last amended in 2013 to conform to federal guidelines
which required states to adopt their own rules governing the sport. At that time it was
understood by the Commission, falconers, and the public that the new California
regulations would require updating and amendment to bring the regulations more in line
with the current practice of falconry in California.
Numerous minor edits, renumbering, and clarifying changes are proposed; the more
substantive changes include:
• Revising language to be more consistent with regulatory language standards (e.g.,
using lower-case for all headers, renumbering subsections, appropriate references
for websites, replacing "regulatory year" with "license year," reference to expired
licenses, references to federal regulations).
• Allowing falconers to complete reports using the Department's online reporting
system found on the Department website at wildlife.ca.gov. Accordingly, no
reporting to the USFWS is required and all references to the federal form 3-186A are
removed.
• Clarifying what documentation is required to be carried when engaged in falconry
activities.
• Amending the definitions (e.g., falconry, hacking, imping) to more accurately
represent the activity.
• Improving instructions to falconers for procedures to avoid take of unauthorized
wildlife and instructions to follow in the event that inadvertent take does occur,
including fully protected species, and adopting "let it lay" language for non-protected
species (meaning that if take occurs to let the raptor feed on the prey) and reporting
requirements.
• Clarifying that a falconry license does not authorize the take of threatened or
endangered species, candidate species or fully protected species.
• Clarifying licensee application procedures for resident, nonresident, tribal, and non-
US citizen falconers.
• Adding language specifying that a tribal member with a valid falconry license issued
from that member's tribe will be treated in the same manner as a nonresident
licensed falconer.
• Clarifying that a tribal member that does not have a license must apply for a
California license to practice falconry outside the jurisdiction of the tribe.
• Clarifying that the exam fee is charged for each multiple examination to recover the
Department's reasonable costs.
• Adding an exam exemption for new resident falconers with a valid out-of-state
falconry license.
• Clarifying when inspections are needed.
• Clarifying what is allowed and not allowed under an expired license, and what steps
must be taken if a licensee wishes to continue to practice falconry.
-1-
payment of fees.
• Revising suspension and revocation clause to be more specific to the types of
violations that would result in immediate action.
• Regarding written authorization required for certain activities, adding specifications
that the authorization must be signed and dated with original signature.
• Identifying License and Revenue Branch as the point of contact for certain
determinations, with the actual determination being made by Wildlife Branch in some
instances.
• Clarifying the necessity of maintaining a continuous sponsorship of an apprentice;
what period of time will be counted toward a total of 2 years sponsorship; and
sponsor responsibility to assure that minimum qualifications have been met.
• Clarifying that falconers must maintain proper documentation of legal acquisition of
birds and records retention is for 5 years only.
• Clarifying that take of northern goshawk outside of the Tahoe Basin does not have a
limit.
• Adding language that identifies no need for a new inspection if the facilities shared
by multiple falconers have passed a previous inspection.
• Clarifying when the administrative fee applies.
• Revising specifications for applying for the raptor capture drawing and obtaining a
permit, including revision of deadline dates and times.
• Allowing falconers to remove bands or reband raptors under certain circumstances,
if needed.
• Adding specific language allowing family members to watch raptors outside, but only
if a specific age.
• Deleting the existing provision in 670 that raptors may be permanently transferred to
a falconer from rehabilitation facilities. Section 679 provides for the permanent
disposition from rehabilitation facilities of wildlife including birds.
• Clarifying that falconers may temporarily possess raptors from rehabilitation facilities
for the purpose of conditioning for release back in to the wild.
• Adding text to clarify that non-native raptors or barred owls may not be released into
the wild.
• Revising text regarding process and limitations for mounting raptor carcasses.
• Clarifying that unannounced inspections are applicable to falconry facilities.
• Revising language so that the Department will make a reasonable attempt to contact
the licensee prior to conducting inspections.
BENEFITS OF THE PROPOSED ACTION:
The Commission anticipates benefits to licensed falconers in the current practice of the
sport in California through clarified regulations.
-2-
EVALUATION OF INCOMPATIBILITY WITH EXISTING REGULATIONS:
Section 20, Article IV, of the State Constitution specifies that the Legislature may
delegate to the Fish and Game Commission such powers relating to the protection and
propagation of fish and game as the Legislature sees fit. The Legislature has delegated
to the Commission the power to regulate the practice of falconry. No other State
agency has the authority to promulgate such regulations. The Commission has
searched the CCR for any regulations regarding falconry and has found no such
regulation; therefore the Commission has concluded that the proposed regulations are
neither inconsistent nor incompatible with existing State regulations.
BENEFITS OF THE PROPOSED ACTION:
It is the policy of this state to encourage the conservation, maintenance, and utilization
of the living resources under the jurisdiction and influence of the state for the benefit of
all the citizens of the State. In addition, it is the policy of this state to promote the
development of resource related recreational activities that serve in harmony with
federal law respecting conservation of the living resources under the jurisdiction and
influence of the State. The objectives of this policy include, but are not limited to, the
management and maintenance of captive raptor populations to ensure their continued
existence of a sufficient resource to support a reasonable sport use. Adoption of
scientifically-based regulations provides for the health and maintenance of sufficient
populations raptors. The Commission additionally anticipates benefits to the captive
breeding program as well as the management of the rehabilitation of raptors as needed.
The proposed regulation changes are intended to provide increased health and
maintenance to the State's falconry program from its recent transition for federal to
states oversight. The Commission anticipates benefits to the environment by the
sustainable management of California's resources.
The amended ISOR adds statements Qf n Section III a Statement of
Specific Purposeof Reaulation_Change and Factual Basis for Determining that
Regulation Ghangeis Reasonably Necessary: other clarifying statements: and.
min r' I chanues. Th ments are entirely related to, andnot
ter, the proposed regulatory text in Section 670.
In-response to comments from the California Hawking Club. the Department. and
other falconers, he dommission made revisions to th r ,,..p
in two areas, ion 670(a) was revised rgdwoe-th-e-number,of,dowments
required to be carried by fair,Qners_when hunting. Falconers will be reauired only
to have in Aheir_immediate possession a valid original falconry license. a valid
hunting license, and any required stamps, the same as required for any
other hunter. 4 which initially seifi ` inl mn
related to falconry, h
Subsection 7 A has al$Qvi rif that falconry facilitiem
be inspected Qnlyw is present
. Falconers had expresse-d
n rn that Department taff enterincl theirf il` i wn r r n
-3-
would place unnecessary stress on the birds. The Commission also added
lanauaae to make it clear that attempts to avoid inspection by repeatedly bein
unavailable may result in license suspenr2ion. Licenses sus end dun r h
circumstances may be reinstated upon completion of an inspection finding no
violations of these reoulations or any license conditions.
Errors in the ISOR have also been rrected: in subsection 6 2 C the word
"expired" should not have been added and_-is_therefore deleted; and in
subsectign 7 6 C 1 the words "and eagles" should not have been d
and are therefore deleted,
-4-
Regulatory Text
Section 670 is hereby amended to read:
§ 670. Practice of Falconry.
(a) GENERAL PROVIS! General Provisions.
LLAny person who wants to engage in falconry activities shall first apply for and be
issued an annual falconry license from the department. ,
California.res nit And ;all Additonn;4I
(2) Except as provided in Section 12300, Fish and Game Code, it shall be unlawful for
any person to engage in falconry in California unless they have in their immediate
possession a valid original falconry license a valid ori inai hunting license., n n
required stamps.
,(Falconry activities shall be as provided by the Fish and Game Code and regulations
provided herein.
4
)n and aGGessoble th- don-ma d for that
hernin _n or-iWnal va-l- l hunt-Ong linen�e ind requ-r-ed stamps c��i+h as an__in1�nA
TiLTV..7T1. i7T�L�TlVGT��i pTfQT.fir CIFTrG�+rLFL�TIF'�7■
,may duGk stamp alonq with a Fe de Fal ev 1QFa#wrar_hirrd hun#inn an
Gons i.err.ratkm-S�G I }��a►' ri huntonq wroth a rafter• r�arrr�i .on to h■�nt hnyiya#n
, ��1 r'n�rTf'C�7'fi7TT4-�^�TLfTCrI"tiF��l��._7"fTCTSJTVt7'64^'T7FTrrVnT-pt7'tGf.Ti
Mveftv; iccih I #A+ fly• Or hunt with another falGoner''s bdFd(c)• nerrN ssmon to
flv a r•sn#or fOr rehahiil #inn I Moses; a nu"sanGe hired abatement nerrni#• ear
bandedr
@LApplicable regulations adopted by the U.S. Secretary of the Interior pursuant to the
Migratory Bird Treaty Act (MBTA) and published in Title 50, Code of Federal
Regulations, )Part 21 (Revised 11/05/2012) (Revised 0710212015), hereinafter
referred to as 50 CFR 21, are hereby incorporated and made a part of these
regulations. The depaFtment shall make these and the federal regulatieRs available a
w,Aw dfn nn gE)WliGens!nnl
( }L1 Falconry applications and records as required by this section shall be kept on
forms provided by the department and submitted to the department's License and
Revenue Branch 1740 N. Market Blvd., Sacramento CA 95834, or, submitted to the
department's online reporting system website at wildlife.ca.gov.
(b) CAL rY' NRY DEFINITIONS Definitions. For purposes of this section, the following
definitions apply:
(1) "Abatement" is the use of trained raptors to reduce human/wildlife conflicts.
(2) "Captive-bred raptor" means the progeny of a mating of raptors in captivity, 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) "Eagles" includes golden eagle (Aquila chrysaetos), bald eagle (Haliaeetus
leucocephalus), white-tailed eagle (Haliaeetus albicilla), and Stealer's sea-eagle
(Haliaeetus pelagicus).
1
(5) "Exotic raptor" is a raptor that has no subspecies occurring naturally in the wild in the
United States and is not covered under the MBTA.
(6) "Eyas raptor" or "nestling" is a young raptor not yet capable of flight.
(7) "Falconry" means the possession, housing, trapping, transport, and use of raptors
for the purpose of hunting or freetraining.
(8) "Hacking" is the temporary or permanent release of a raptor held for falconry to the
wild so that it may survgve on its e v gain experience and conditioning.
(9) "Hybrid raptor" means offspring of raptors of two or more distinct species listed in
Title 50, CFR, Section 10.13.
(10) " " "lmping" is to cut a broken or damaged feather and replace or repair it with
an another feather.
(11) "Imprint" means a raptor that is hand-raised in isolation from the sight of other
raptors from two weeks of age until it has fledged. An imprinted raptor is considered to
be so for its entire lifetime.
12 "License ear" is the 12-month period starting July 1 and ending the following June
30, and is the same as the term "regulatory year" for determining possession and take
of raptors for falconry as defined in 50 CFR 21.
{2)` 13 "Non-native raptor" is any raptor that does not naturally occur in the state of
California.
1"Passage raptor" is a juvenile raptor less than one year old that is capable of
flight.
(14) 15 "Raptor" means any bird of the Order Falconiformes, Accipitriformes or
Strigiformes, or a hybrid thereof.
I, ne 30, —and is the same as the fa!GE)nral liGeRse +arm
(16) "Wild raptor" means a raptor removed from the wild for falconry. It is considered a
wild captured raptor, no matter its time in captivity or whether it is transferred to other
licensees or permit types.
(c) TAKE n� ME SPEGIE OR NIGNI *A E BIRDS OR MAMMALS Take of Game
Species or Nongame Birds or Mammals. Every person using falconry raptors to hunt or
take resident small game including upland game species, migratory game birds, or
nongame birds or mammals in California shall abide by the laws and regulations related
te-authorizing hunting of such species, including but not limited to licenses, seasons,
bag limits, and hunting hours.
(1) A licensee shall ensure, to the extent possible, that falconry activities do not result in
unauthorized take of wildlife.
A If an animal is injured as a result of unauthorized take the licensee shall remove the
animal from the raptor and transport the injured animal to the nearest wildlife
rehabilitation center.
(B) If an animal is killed as a result of an unauthorized take, the licensee may_allow a
falconrV bird to feed on the kill but the licensee shall not possess the animal and shall
leave the kill at the site where taken.
(2) The take shall be reported to the department, with the band or tag number of the
species,taken (if any), as set forth in subsection (f).
(d) TAKE OF STATE OR FEDERAL THREATENED OR F=N1MAAIr.F=RER SPEC!�Q
Take of State or Federal Threatened or Endangered Species. 7ATliGenS a shall ensure
2
that falGGRry aGtivities dG RGt Gause the take of state or federally threatened e
endane
gered wildlife, fer example, by avoiding flyiRg a rapteF iR the viGinity of the listed
speGies. ARY thFeatened eF endangered biFd, mammal, reptile OF amphibiaR taken by a
the site where taken Of dead, er taken to the nearest wildlif-A reha-hilitatien ruenteF
iRj
„ red.The-tak&-This license does not authorize take of state or federally listed
threatened, endangered, or candidate_wildlife, or wildlife_designated as fully protected
within the State of California. Any take shall be reported by the licensee to the nearest
U.S. Fish and Wildlife Service (USFWS) Ecological Services Field Office and the
nearest depaFtment FegigRal effiGe (pananer dfn „a nnWre@innsl department's License and
Revenue Branch within 10 calendar days of the kill. The licensee shall report his or her
name, falconry permit-license number, date, species and sex (if known) of the animal
taken, and exact location of the kill •' , Title
50 SeGtinn 21.29, subdivision (f) Code of Federal Reg ilatiei; as provided in 50 CFR
21.
(e) LIGENSI G Licensing.
(1) FALCONRY ON RY l IGIMENcE-c 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, nonresident, or non-US citizen, who is applying for his/her first a
new license;
(B) California resident er nnnresillan+ licensee who is applying to renew a lapsed
that has not been expired for more than 5 years;
(C) California Fesi 'n licensee who is applying to renew a license that has not l
expired; and,
(D) Nonresident or non-U.S. citizen falconer who has a valid falconry license issued
from another state or country
(2) APPLICATION FOR I IGENSE Application for License.
A)The applicant for a new license, er lapsed liGeRse shall submit a completed New
Falconry License Application with the nonrefundable fee, as specified in Section 703, to
the address listed on the application.
QLThe applicant for , ll�e-renewal of a license that has not been expired for more
than 5 years, shall submit a completed Falconry License Renewal Application with the
nonrefundable fee, as specified in Section 703, to the address listed on the application.
LGhThe department may issue new licenses and renew exiStiRg r•r lapsednvninnd
licenses with the conditions it determines are necessary to protect native wildlife,
agriculture interests, animal welfare, and/or human health and safety.
(A) SIGNED CERTIFICATION {D)Signed Certification. Each application shall contain a
certification worded as follows: "I certify that I have read and am familiar with both the
California and U.S. Fish and Wildlife Service falconry regulation, CFR 50, Sections
21.29 through 21.30, and that the information I am submitting is complete and accurate
to the best of my knowledge and belief. I understand that any false statement herein
may subject me to cancellation of the application, suspension or revocation of a license,
and/or administrative, civil, or criminal penalties. I understand that my facilities,
equipment, or raptors are subject to unannounced inspection pursuant to-SestleR
subsection 6700), Title 14, of the GGR California_Code_of Regulations. I certify that 1
3
have read, understand, and agree to abide by, all conditions of this license, the
applicable provisions of--FGG the Fish and Game Code, and the regulations
promulgated thereto. I certify that ' am n^+ ni,rron+ly Under any Fish and Wildlife linens
GF PeFMit FeVOGation .on, and that theFe are no other legal or administrative
weld-there are no pending or previous legal or
administrative proceedings that could disqualify me from obtaining this license." The
application shall be submitted with the applicant's original signature.
(6) EXPERIENGE (E) Experience. The department shall consider an applicant's
falconry experience acquired in California, as well as another state or country when
evaluating- an application for any class of license. The department shall
determine which levelclassof falconry license is appropriate, consistent with the class
requirements herein and the documentation submitted with the application
demonstrating prior falconry experience.
GE)RtiRUe W reGOgnize a new resident's falGenry liGense issued fFE)FA another state or
aGGe-rding to (5)(G) below.
(3) EXAMINATION acral 111REE E-149 Examination Requirement. Any persGn applying fGF
his/heF first-Any applicant not possessing a valid falconry license, or required to apply
for a new falconry license in California shall pass the falconry examination to
demonstrate proficiency in falconry and raptor-related subject areas before being issued
a license. An applicant shall correctly answer at least 80 percent of the questions to
pass the examination. Any applicant who fails to pass the examination may take
another examination no earlier than the next business day following the day of the failed
examination. The applicant shall submit a nonrefundable Falconry Examination fee
each time the applicant takes an examination.
(A) An applicant who meets one of the following criteria shall be exempt from taking the
California falconry examination:
j. An applicant who provides documentation of successfully passing a federally
approved examination in a state that has had its falconry regulations certified as
specified in Title 50 GFR, SeGtien 71 29 50 CFR 21, will not be required to take the
examination in California if the applicant took the examination less than five years prior
to submitting an application for a California falcon ry +t license.
2. The applicant is a nonresident or non-U.S. citizen falconer who has a valid falconry
license issued from another state or country.
3. The applicant is a member of a federally recognized tribe and has a valid falconry
license issued from that member's tribe.
B After successful) passing-the falconry examination the raptor housing facilitV, if
any, of a new applicant shall pass an inspection and be certified by the department,
pursuant to subsection (j), before a license_may be issued.
4
(4) LAPSEED LICENSE& if a lir--ense has lapsed f9F feWeF than five years, the liGeRse
may be Fenewed at the level held previously if the appliGant pr-evides PFOOf Of IiGensure
the appliGant shall
,
lin-ense may be renewed at the level pFeviGw6ly held Of the app"GaRt pFE)VideS pFOE)f E)
Wens gra of that level
(4) Expired License. A license for the practice of falconry expires and is not valid unless
renewed annualIV with the required a lication form and a ment of fees asspecified in
Section 703.
(A) It shall be unlawful for any person to practice falconry, including_possession of
falconry raptors, without a valid license in their possession.
B If a license has not been renewed fora period less than 5 years from the expiration
date on the license, the license may be renewedat the class held previously if the
applicant provides proof of licensure at that class.
(C) If a license has not been renewed for a period of more than 5_years_from the
expiration date on the license, it shall not be renewed. The applicant shall apply for_a
new falconry license and successfully complete the examination as set forth in
subsection (e)(3). Upon passing the examination and the payment of the annual license
fee a license may be issued at the class previously held if the applicant provides proof
of prior licensure at that class.
(� ESIDE ITS OF GALIFO N A AND NIGNI_I tc__rtT!ZF=NS Nonresidents of
California and Non-US Citizens.
(A) A person who is a member of a federally recognized tribe and has a valid falconry
license from that member's tribe shall be considered a nonresident licensed falconer for
purposes of this subsection_(e)(5).
¢AfahA nonresident licensed falconer or non-U.S. citizen licensed falconer may
temporarily practice falconry in California for up to 120 ^^nseGutiy calendar days
without being required to obtain a California falconry license.
(l)-1.A nonresident licensed falconer or non-U.S. citizen licensed falconer may fly
Faptero holm fGF faInr)nR! h1. practice falconry with raptors from a licensed California
falconer, provided that signed and dated written-per +seier�authorization is given to the
nonresident or non-U.S. citizen by the licensee.-T#is The original written authorization
must be carried with the licensee while in possession
of the raptor.
(C+;LA nonresident licensed falconer or non-U.S. citizen-suFFent! licensed falconer
shall provide and thereafter maintain facilities and equipment for raptors in #ip�the
licensee's possession while temporarily practicing falconry in California._Temporary
facilities shall meet the standards in these regulations, including but not limited to
provisions described in subsection 0), and pursuant to Title 50, GFR, SestieR 21.29 50
CFR 21.
3. A nonresident licensed falconer or non-U.S. citizen licensed falconer may house
raptors in WsAier-the licensee's possession at another licensed falconer's facilities while
temporarily practicing falconryin California.
(C) A nonresident licensed falconer or non-U.S. citizen licensed_falconer applying for a
falconry license in California shall submit proof of a valid falconry license held from the
5
licensee's tribe state or count along with the completed New Falconr Application and
Fee and pass a facility inspection pursuant to subsection (i).
(D)A nonresident or non-US citizen applicant applying_for_a falconry license in
California but not possessing a valid original falconry license from the applicant's tribe,
state or country of origin shall submit the completed New Falconry License Application
and Fee, and pass the examination and pass a facility inspection pursuant to (e)(3)
herein.
(6) FAI=GGNRY GLASSESFalconry Classes. There are three classes of licensed
falconers in California: Apprentice falconer, General falconer, and Master falconer. The
department at its sole discretion may issue a falconry license in one of these classes to
an applicant who meets the requirements and qualifications for the class as described in
these regulations.
(A) APPRENTICE FALCONER Apprentice Falconer.
1. AGE Age. An 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 18 years of age, a parent or
legal guardian shall co-sign the application and shall be legally responsible for activities
of the Apprentice falconer.
2. SPONSORSHIP Sponsorship. A sponsor is required for at least the first two years in
which an Apprentice falconry license is held, regardless of the age of the Apprentice
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 class. A sponsor shall certify in
writing to the department that the sponsor will assist the Apprentice falconer, as
necessary, in learning the husbandry and training of raptors held for falconry; learning
the relevant wildlife laws and regulations; and determining what species of raptor is
appropriate for the Apprentice falconer to possess; and will notify the department's
License and Revenue Branch immediately if sponsorship terminates.
3. TERNAINIAXION OF SPGNSORS Termination of Sponsorship. If sponsorship is
terminated, an Apprentice falconer andhi-/her the Apprentice's sponsor shall
immediately notify the department's License and Revenue Branch in writing. For
The license shall be valid only if the Apprentice falconer shall
aegaie-acquires a new sponsor within 30 calendar days from the date sponsorship is
terminated, and prevideprovides written notification, along with the new sponsor's
certification deSGFibed in nwb%Gtien („)(wn», to the department once a new sponsor
is secured. Failure to comply with sponsorship requirements w4kshall result in loss of
qualifying time from the date sponsorship was terminated to the date of securing a new
sponsor, and no subsequent license wilkshall be issued until the required two years
of sponsorship have been fulfilled.
4. Possession of Raptors. An Apprentice falconer may
possess for falconry purposes no more than one wild or captive-bred red-tailed hawk
(Buten jamaicensis) or American kestrel (Falco sparverius) at any one time, regardless
of the number of state, tribal, or territorial falconry licenses in possession and only as
long as the raptor in possession is trained in the pursuit of game and used in hunting.
An Apprentice falconer may only capture from the wild or possess a passage red-tailed
hawk or an American kestrel. The Apprentice may take raptors less than 1 year old
except nestlings. Apprentice falconers are not required to capture a wild raptor
themselves; the raptor can be transferred to F,i r-the Apprentice by another licensee.
6
An Apprentice falconer may not capture from the wild or possess an eyas raptor or a
raptor that is imprinted on humans. An Apprentice falconer must maintain written proof
of legal acquisition.
5 WSPECTION OF FAC 1ITIRS Inspection of Facilities. After successfully passing the
falconry examination, the facility of an Apprentice applicant shall pass an inspection and
be certified by the department, pursuant to subsection 0), before a license may be
issued.
6 ADVANCEMENT FROM APPRENTICE CLASS Advancement From Apprentice
Class. An Apprentice falconer shall submit a completed Apprentice Falconer's Annual
Progress Report, as specified in Section 703, to the address listed on the report. The
report shall demonstrate that the Apprentice falconer has practiced falconry with a
raptor at the Apprentice til-class for at least two years, including maintaining, training,
flying, and hunting with the raptor for at least four months in eachregulateFy license
year, and a summary of the species the Apprentice possessed, how long each was
possessed, how often each was flown, and methods of capture and release. Within the
report, the sponsor shall certify in writing to the department that the Apprentice falconer
has met the requirements of these regulations. No falconry school program or education
shall be substituted for the minimum period of two years of experience as an Apprentice
falconer.
(B) GENERALFALGONER General Falconer.
1. AGE Age. General falconers shall be at least 16 years 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 legally responsible for activities of the General falconer.
2. Possession of Raptors. A General falconer may
possess for falconry purposes any wild raptor species listed in subsection 3 (g)(6),
af�d-any captive-bred or hybrid of any species of Order Falconiformes, Accipitriformes,
or Strigiformes, or any legally acquired raptor from another state or_country. fedeFa"�or
state listed threatened OF eRdangered species and eagle . A General falconer must
maintain written proof of legal acquisition. A General falconer shall possess no more
than three raptors for use in falconry at any one time, regardless of the number of state,
tribal, or territorial falconry licenses in possession; and only two of these raptors may be
wild-caught. Only eyas or passage raptors may be wild-caught; except American kestrel
(Falco sparverius) or great horned owl (Bubo virginianus) may be captured at any age.
3 nDVAnlGEnsENT FROM r'_ENERAl GLASSAdvancement From General Class. A
General falconer shall have practiced falconry with a raptor, including maintaining,
training, flying, and hunting with the raptor, at the General level class for at least five
years before advancing to Master falconer. No falconry school program or education
shall be substituted for the minimum period of five years of experience as a General
falconer.
(C) MASTER FALCONER Master Falconer.
1. Possession of Raptors. A Master falconer may
possess for falconry purposes any wild raptor species listed in subsections {g)f6),
af4d-any captive-bred or hybrid of any species of Order Falconiformes, thomer
Accipitriformes, or th�erStrigiformes, ori legally acquired raptor from another
state or country. federally e� state listed thFeatened or endangered SpeGies, and eagl2§.
A Master falconer must maintain written proof of legal acquisition. A Master falconer
7
may possess any number of raptors except-h&she the licensee 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 falconry licenses in possession. Only eyas or
passage raptors may be wild-caught; except American kestrel (Falco sparverius) or
great horned owl (Bubo virginianus) may be captured at any age.
2. POSSESSION OF EAGLES Possession of Eagles. A Master falconer may possess
up to three eagles with proof of legal acquisition at any one time, except no bald eagle
may-shall be possessed.
i;_Eagles may-shall not be captured from the wild in California., but may—
ii. Eagles may only be obtained from Gaptive bFeedeFS, impeFted from anether state, er
transferred from a faGllity If the eagle is net Feleasable
a ermitted source.
iii. Eagles originating in California from a licensed California rehabilitation facility may be
temporarily transferred to a Master Falconer for the purpose of rehabilitation in
accordance with 50 CFR 21, and with subsection (h)(3) herein.
iv. The department shall authorize in writing which species of eagles a Master falconer
may possess pursuant to Title 50 G=R Ser,tien 21.29(G)(iy) 50 CFR 21. The Master
falconer shall submit a written request for this authorization and include a resume of
hieihep the licensee's experience in handling large raptors such as eagles, 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
species handled, such as eagles or large hawks, the type and duration of the activity in
which experience was gained, and contact information for references who can verify the
experience. The two letters of recommendation shall be from persons with experience
handling and/or flying large raptors. Each letter shall be a signed, original that de- r+rihco
dated, signed in ink with an original signature and shall describe the author's experience
with large raptors, including but 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 request for a Master
falconer to possess an eagle if the applicant has less than the equivalent of two years of
experience handling large raptors or, at the department's discretion, the department
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 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 of these regulations for
the following:
(A) APPLICATION Application. An applicant shall submit a nonrefundable Falconry
Application Fee when applying for a new license or renewing a license.
(B) EXAMINATION Examination. An applicant shall submit a nonrefundable Falconry
Examination Fee each times lies to take the applicant takes an
examination.
(C) INSPECT" Inspection. An applicant or licensee shall submit a nonrefundable
Inspection Fee prior to the department inspecting #er the licensee's facilities,
raptors, if present, and equipment. The Inspection Fee provides for inspections of up to
five enclosures.
8
1. If a facility has more than five enclosures, an additional inspection fee is required for
every additional enclosure over five.
2. If the applicant or licensee is sharinq an existing raptor facilitV with another licensed
falconer, and possesses_proof_of a passed inspection, there is no requirement for an
additional inspection.
(D)R INSPEECTION Re-inspection. An applicant shall submit an additional
nonrefundable Inspection Fee when his or her facility has failed to pass a previous
inspection.
(E Administrative Processing. An applicant shall
submit a nonrefundable Administrative Processing Fee for each Federal Form 3 186A.
Resident Falconer Raptor Capture, Recapture and Release Report fewsubmitted to
the department's License and Revenue Branch when not using the "SFWS's e!eGt oRgG
department's online reporting systemE)p line at
(17m) SPEGI.Al- RAPTOR GAPTI IRE DPAWING A= IGATION. An applic;ant shall submit
(G) SPEGIAL RAPTOR CAPTURE PERMIT. A SUGGessful appiiGant shall 6wbmit the
appropriate nonrefundable SpeGial Rapter Capture Permit fie-11-9 tG_ FeGeive the permit.
(8) DE Denial. The department may deny the issuance of a new license or a
renewal of an existing or '� expired license if:
(A) The applicant or licensee has failed to comply with regulations adopted pursuant to
the Fish and Game Code related to raptors, Fish and Game Code Section 1054, or
Penal Code Section 597; or
(B) The applicant or licensee has failed to comply with any provision of any statute,
regulation, rule or ordinance existing in any other state or in any city, county, 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, regulations related to raptors in Title 14, 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 "title 50, GFR SeGtions 21.299 and 21.30 50 CFR 21.
(D) The department shall deny the issuance of a license or renewal of an existing
license if the applicant or 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 in writing that the application is deficient. The
applicant may supplement an application 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 of the proof of service accompanying the
department's notification. If the 30 calendar day deadline falls on a weekend or holiday
the submission of additional information or materials will be accepted until the close of
business on the first state business day following the deadline to submit additional
information or materials. The department may extend this deadline for good cause. If
denied, the applicant or licensee may submit a new application at any time.
(9) S SPENSICON AND REVQGATIflni Suspension and Revocation. Any license issued
pursuant to these regulations may be suspended or revoked at any time by the
9
department for failure to comply with the Fish and Game Code or regulations adopted
pursuant to the Fish and Game Code related to raptors, Fish and Game Code Section
1054, or Penal Code Section 597. If the 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 violation pertains to conduct that threatens native
wildlife, agricultural interests of this state, the welfare of the birds, or the safety of the
public, or if the licensee has been previously convicted of violating the provisions
described above or has had his or her license Previously suspended or revoked. If the
licensee has not been convicted, the suspension or revocation shall take effect when
the time to request an appeal ^''rc' aRt t„ s ubseGti„n (eK ) as described herein has
expired. A timely request for an appeal will stay the department's suspension or
revocation if the licensee was not convicted as described above.
(10) PROOF OF SERV-IG€ Proof of Service. All notices sent from the department to-an
a falconry_applicant or licensee PUFF ^t W s bseGtiona (e)(8) nr as described
herein shall include a proof of service that consists of a declaration of mailing, under
penalty of perjury, indicating the date of mailing the department's notification, denial, or
other correspondence.
(11) APPEAL Appeal. Any applicant or licensee who is denied a license, an amendment
to an existing license or has a license suspended or revoked by the department
pursuant 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.
mail or other carrier, a request for an appeal shall be postmarked no later than 30
calendar days after the date of the proof of service accompanying the department'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 shall not accept a request for an appeal that is submitted after the 30
calendar day deadline to request an appeal. If the 30 calendar day deadline falls on a
weekend or holiday the request for appeal will be accepted until the close of business
on the first state business day following the 30 calendar day deadline to submit a
request for appeal.
(12) RF=GQRD KEEPING Record Keeping. A licensee shall retain copies of all falconry-
related records (hard copy or electronic) including but not limited to the applicant's
falconry license, raptor transfer records, capture and release and disposition records,
import or export documentation, sponsorship information, annual reports submitted to
the department, and all health records of raptors possessed pursuant to the falconry
license (Falconry Records) for at least five years
(13) NAMF= QR.A.DM_ .F=S6 CHANGE Name or Address Change. The licensee shall
notify the department's License and Revenue Branch, in writing, of any change of name
or mailing address within 30 calendar days of the change. Facility address changes
must be reported within five-ealefl4ar business days of the change.
(f) RFEPORTING REQUIRFEMENTSRe ortin Re uirements.
I ICPWS's e!eCAFnnin Feparting system on Linn at
system,
10
mail, fax
ror email to the r
paper form Gr duFiRg a rvall 4411 be entered into the r
staff,by depaFtment and the depaFtrneRt shall GhaFge an Administrative Pr-oGessing r
as specified in Cannes 703, for e-aGh form GGrnpleted..
(2) A liGe
r
asf
lease, date Gf Gaptu Fe/rel ease,
site, a de6GF'Pti9A of the
method, andr
in California may also be entered and repeFted eleGtren'Gally if the depar-knent affem an
(1) Licensees are required to report all raptor acquisition and disposition information
using the Resident Falconer Raptor Capture, Recapture and Release Report within 10
calendar days to the department's online reporting system.
(A) For raptors acquired from the wild or released back to the wild, submission shall
include information about the county of capture/release, date of capture/release,_a
description of the capture/release site a description of the capture method species
information and Latitude/Longitude coordinates of ca turelrelease site.
B If a licensee is unable to use the department's online reporting system, the licensee
may submit relevant forms by mail, fax, or email to the department's License and
Revenue Branch, or the licensee may report over the telephone to the License and
Revenue Branch. The information will be entered into the department's online reporting
system by department staff, and the department shall charge a nonrefundable
Administrative Processing Fee asspecified in Section 703 for each form entered.
{3)-LZjUpon applying 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
report using the Falconry Hunting Take Report, as specified in Section 703,
summarizing the number and type of prey species taken while hunting, counties hunted,
and birds used in hunting during the most recent license year, as well as any
inadvertent take of non-target wildlife.
(4 LghUpon applying for license renewal or within 10 calendar days after expiration of
the license,whichever comes first, an.Apprentice falconer shall submit to the
department's License and Revenue Branch an annual report using the Apprentice
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 qualifying experience for future licenses.
(g) CAPTURING neonRc FROM TuE_tetl, D Capturing Raptors From the Wild.
(1) A ResideRt resident licensed falconer may not capture more than two raptors from
the wild during the F8gUlatOFYlicense year and only as authorized for each falconry
class license.
11
(2) A "I deRt-nonresident licensed falconer
.tate Gcrf;fied 7GGerdliRg to Title 50, GF=R, Corm 21.29(b)(11 0) may request to capture
within California one wild raptor of the species specified in subsection (g)(7-) (g)[g},
excluding species with capture quotas, and shall submit to the department's License
and Revenue Branch a complete Nonresident Falconer Application for Raptor Capture
Permit , as specified in Section 703. The permit issued shall be valid beginning on July
1 and ending on June 30 of the following year, or if issued after the beginning of the
permit year, for the remainder of that permit year. Whether successful or unsuccessful
in capturing a raptor, the nonresident licensed falconer shall submit a complete
Nonresident Falconer Raptor Capture Permit and Report, as specified in Section 703.
Nonresidents shall only capture raptors from the wild in accordance with the conditions
of the permit. Nonresidents that request to capture species with capture quotas must
submit an application for the random drawing, as specified in subsection (g)(7 _(gJ(9�.
(3) Non-U.S. citizens are not eligible to capture any California wild raptor.
Wf4lRaptors may be captured by trap or net methods that do not injure them. The
licensee shall identify all set traps with the name and address of the licensee and shall
check such traps at least once every 12 hours, except that all snare type traps shall be
attended at all times when they are deployed.
4YL�LA licensee shall be present during the capture of a raptor from the wild; however
another General or Master licensed falconer may capture the raptor for the licensee. A
licensee's presence during capture includes attendance of snare traps, or attendance
while checking non-snare traps at least once every 12 hours. If a licensee has a long-
term or permanent physical impairment that preventshim the licensee from
attending the capture of a raptor for use in falconry, then another licensee may capture
a bird for the licensee without44n4A4er the licensee being present. The licensee is
responsible for reporting the capture. The raptor will count as one of the two raptors the
licensee is allowed to capture in that rem license year.
(5)LIaLThe following raptor species may be captured from the wild in California: Northern
goshawk (Accipiter gentilis), Cooper's hawk (Accipiter cooperii), sharp-shinned hawk
(Accipiter striatus), red-tailed hawk (Buteo jamaicensis), red-shouldered hawk (Buteo
lineatus), merlin (Falco columbarius), American kestrel (Falco sparverius), prairie falcon
(Falco mexicanus), barred owl (Strix varia), and great horned owl (Bubo virginianus).
(6)-fallo more than two nestlings of the species allowed for capture from the wild may
be captured by the same General or Master licensee during the regulatery license year.
In no case may all nestlings be captured and removed from any nest. At least one
nestling shall be left in a nest at all times.
(7}-fAhThe following restrictions apply to the total, cumulative capture of wild raptors
among all licensees. These restrictions are in addition to the limitation of two wild
raptors per licensee during the license year.
(A) NORTHERN GOSHAW Northern Goshawk.
No more than one northern goshawk may be captured within the Lake Tahoe Basin
during the Fegulatery-license year. There are no restrictions on the cumulative number
or location of Northern goshawk captured in the balance of the state during the license
year.
1. The Lake Tahoe Basin area is defined as those portions of Placer, EI Dorado, and
Alpine counties within a line: beginning at the north end of Lake Tahoe, at the
12
California-Nevada state line approximately four miles north of Stateline Point in the near
vicinity of Mt. Baldy; westerly along the Tahoe Divide between the Lake Tahoe and
Truckee River drainages to the intersection of the north line of Section 36, T1 7N, R1 7E,
MDM; west along said north section line to the section corner common to section 25,
26, 35, and 36, T1 7N, R1 7E, MDM; south approximately one mile along the common
section line; southwesterly to the intersection of the Tahoe Divide and Highway 267 in
the near vicinity of Brockway Summit; southwesterly in the near vicinity of the Tahoe
Divide to Mt. Pluto; south to Mt. Watson; westerly approximately two miles to Painted
Rock; southerly approximately two miles along the Tahoe Divide to the intersection of
Highway 89; southwesterly along the Tahoe Divide to Ward Peak; southerly
approximately 30 miles along the Tahoe Divide to a point on the Echo Lakes Road;
southeasterly along said road to Old Highway 50; southeasterly along Old Highway 50
to the intersection of the Echo Summit Tract Road; southerly along said road to
Highway 50; easterly along Highway 50 to the intersection of the South Echo Summit
Tract Road; southerly along said road to the Tahoe Divide; southerly along the Tahoe
Divide past the Alpine county line to Red Lake Peak; northerly along the Tahoe Divide
past Monument Peak to the California-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 California.
(B) rl QGPER'S HAWK Cooper's Hawk. No restrictions on cumulative number or
location of Cooper's hawks captured statewide during the reqwlaloy�license year.
(C) SHARP SHINNED HAW Sharp-shinned Hawk. No restrictions on cumulative
number or location of sharp-shinned hawks captured statewide during the regulatory
license year.
(D) RED-TAILED HAWK Red-tailed Hawk. No restrictions on cumulative number or
location of red-tailed hawks captured statewide during the regulatory license year.
(E) RED SHOULDERED HAWK Red-shouldered Hawk. No restrictions on cumulative
number or location of red-shouldered hawks captured statewide during the r-equlatoF
license year.
(F) M€PFPt Merlin. No restrictions on cumulative number or location of merlins
captured statewide during the regulatory license year. Merlins may be captured only
from August 15 through February 28 every year.
(G)MERI '°n' KEESTRAmerican Kestrel. No restrictions on cumulative number or
location of American kestrels captured statewide during the regulatory license year.
(H) PRAIRIE FAI GON Prairie Falcon. No more than 14 prairie falcons may be captured
per regulatory license year.
(I) BARRED ED QUI Barred Owl. No restrictions on cumulative number or location of
barred owls captured statewide during the regulat— license year.
(J) GREAT HORNED nGreat Horned Owl. No restrictions on cumulative number or
location of great horned owls captured statewide during the regulatory license year.
(9) Special Raptor Capture Permit_Drawing. A random drawing shall be held by the
department to determine distrib tiOR-of_distribute Special Raptor Capture Permits to
capture species with quotas, which include one Northern goshawk in the Tahoe Basin
and prairie falcons from the wild as specified in subsection 3 (g)(8). An applicant
may be a resident and/or nonresident and must possess a valid General or Master
13
falconry license at the time of application to enter the drawing. Non-U.S. citizens are not
eligible to enter the drawing.
4—. j&�° tReskIeRt A resident applicant shall not submit more than two drawing
applications each regulate— license year.
I\Innrccirlcn4 A nonresident applicant shall not submit more than one drawing
application each license year.
Licensees may apply through the de artment's Automated License Data System at
license agents, department license sales offices,_or_on the department's website, using
a Special Raptor Capture Drawing Application, as SpeGified . Each
application submitted must specify ,
number, the species #ewe-the applicant is applying for to capture from the wild. ;-afl
nc;lude theThe applicant shall submit a nonrefundable Drawing Application Fee, as
specified in Section 703 for each drawing application submitted.
A--L9JApplications must be received by4Rkh4kjht 11.59pm, Pacific Standard Time, on
'An21May 15 each year. thFough the depaFtFneRt's
InGOMPlete, late and ineligible app!iGatiens, and appliGat'ORG submitted without the ,
shall not be iRG!uded in the drainrr
5—(E) Permits are awarded according to an applicant's choice and computer-generated
random number (lowest to highest) drawing. Successful applicants and a list of
alternates for each species and/or area shall be determined 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.
S—E�Successfui and alternate applicants will be
notified. Unsuccessful applicants shall not be notifiedhby mail. UpeR FeGeiptef the
natifirWat-lGn, the The successful applicant shall submit the Raptor Capture Permit Fee,
as specified in Section 703, to the department's License and Revenue Branch by 5:00
p.m. on june-1 June 30 each year to claim the permit. If the deadline to submit the fee
falls on a weekend or holiday, payment will be accepted until 5:00 p.m. on the first state
business day following the deadline to submit payment. Unclaimed permits shall be
awarded to alternates for that species and/or areaaftter I�eTon an individual basis, in
the order drawn.
7-.-LQjA Special Raptor Capture Permit shall only be issued to a successful applicant
who holds a General or Master falconry license that is valid for the same license year
that the permit shall be is valid. Only the permit holder is entitled to capture a raptor,
and the permit shall be in immediate possession of the permit holder during the capture.
Permits are not transferable and are valid only for the species, area and period as
specified on the permit.
S-QjLA 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 or enter it on the department's online__
reporting system within 10 calendar days of the capture. The submission shall include
information about the county of capture, date of capture, a description of the capture
site, a description of the capture method, species information, and Latitude/Longitude
coordinates of capture site.
14
e!eGtren!G re POFtiRg system within five nalendaF days of the Gapte e
9—. aA permit holder who is unsuccessful in capturing a Northern goshawk or prairie
falcon shall indicate "unsuccessful" on the report card portion of the permit and retuFn
shall return the permit to the department's License and Revenue Branch within 10
calendar days of the GIOSe Of the seaSOR expiration of the permit.
40—. fILThe permit holder shall surrenderhim the permit to an employee of the
department for any act by the permit holder that violates any raptor related provision of
the Fish and Game Code, or any regulation of the commission adopted pursuant
thereto, and any act on the part of the permit holder that endangers the person or
property of others. The decision of the department shall be final.
(9) BANDED O—R, MARKED (10) 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 all other relevant information to the
Federal Bird Banding Laboratory at 1-800-327-2263.
L&�If the raptor has a transmitter 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 therosier owner of the transmitter. If the Fele aFGher owner wants to
replace the transmitter or its batteries, or have the transmitter removed and the bird
released, the reseaFGher or his or her owner or the owner's designee may make such
change or allow the licensee to do so before the raptor is released. Temporary
possession of the raptor will not count against the licensee's possession limit for
falconry raptors. If the reseaFGher owner cannot be contacted or does not want the
transmitter to remain on the raptor, the licensee may keep the raptor if it was lawfully
captured.
LaLIf the raptor belongs to a falconer, subsection.(h�T')(10)_LtX12) shall apply.
(9) IN iUR)( DUF TO TC3000Enir- (11) Injury Due to Trapping. if a raptor is injured due to
trapping, the raptor may be put on the licensee's falconry license and it will count as
part of the possession limit. If the licensee adds the raptor on the falconry license,
4e4he-the licensee shall report the capture to the department's ' iGeRse3 and Revenue
SraRGh online reporting_system within 10 calendar days after capture, and shall have
the raptor immediately treated by a veterinarian or a permitted California wildlife
rehabilitator. Alternately, the injured raptor may be immediately given directly to a
veterinarian or a permitted California wildlife rehabilitator. In either case, the licensee is
responsible for the costs of care and rehabilitation of the raptor.
(1G) UNINTENTIONAL CAPTURE (12) Unintentional.Capture. A licensee shall
immediately release any bird unintentionally captured that 4,eishe the licensee is not
authorized to possess.
(I1)PUBi it AND PRIV TE LAN (13) Public and Private Lands. A licensee is not
authorized to capture raptors or practice falconry on public lands where it is prohibited,
on private property without written permission from the landowner or tenant, or on tribal
government lands without written permission. The licensee shall carry the original
signed written permission while practicing falconry.
(h) POSSESSIGN, TRANSFER, AND DISPOSITION OF RARTORS Possession,
Transfer, and Disposition of Raptors.
15
(1) PERMANENT TRAnIeCCR OF RAPTQR permanent Transfer of Raptor. A licensee
may acquire a raptor through a transfer and shall report the transfer by entering the
required information on Form 3_186A in the I ISFWS'S e'eGtrnnir+the department's online
reporting system within 10 calendar days of the transfer. The number of raptors
acquired through a transfer is not restricted, as long as the licensee abides by the
requirements of his/her the licensee's class, and does not exceed her the licensee's
possession limit.
(A) If a licensee transfers a raptor removed from the wild to 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 raptor held under the license is-shall be at the discretion of the
department.
(2TEMPORARY TRANSFER OR GARC Com'i--RASP TOR Temporary Transfer or Care of
Rapto . Any licensee who temporarily transfers possession of-hisAtef the licensee's
raptor to another licensee, or allows an unlicensed person to temporarily care for a
raptor, shall provide written notification of such transfer to the department's License and
Revenue Branch within 10 calendar days after the bird is transferred. The notification
shall include contact information including name, address, phone number, and email
address of the temporary caregiver.
(A) Temporary possession of a raptor by a licensee shall not exceed 120 GgRseruLive
calendar days. Temporary possession may exceed 120 calendar days only if a request
is made to the department's License and Revenue Branch and written authorization is
given. Temporary care of a raptor by an unlicensed person shall not exceed A 45
45 calendar days. A raptor cared for by an unlicensed
person shall remain housed at the licensee's facility. The unlicensed person is not
authorized to fly the raptor. The liGensed peFSGR A licensed falconer in temporary
possession of a raptor may fly the raptor flie46he the falconer possesses the
appropriate level class license.
(31 POSSESSION OF RADTIIRC CRC—)D4 R 1I ITATION CAC11 ITICC A IiGeRsoe
may possess a FaptGF of aRy age that he/she is allowed to pos ed frern a
permitted wildlife rehabilitatien faGility. T-FaR48F E)f a RORFeleasable Wild Fapter from a
Fehabalitatdon faGility shall FBPOFt the transfer by entering the required informatien on
tr-aRSfeF
(4) ASSISTING IN RAPTOR RrEHARJ1_ ITATION (3) Assisting In Raptor Rehabilitation. A
General or Master falconer may assist a permitted California wildlife rehabilitator to
condition a raptor for its release back into the wild. A rehabilitation raptor possessed in
the care of the licensee for this purpose shall not be added to the licensee's falconry
license, but shall remain under the permit of the rehabilitator.
16
(A) The rehabilitator shall provide the licensee with a letter of temporary transfer that
identifies the raptor and explains that the falconer is assisting in its rehabilitation. The
terms of the temporary transfer are at the discretion of the rehabilitator to assure the
necessary care of the raptor. The licensee shall have in possession the letter or legible
copies nessessinn while flying the raptnr far rahahilitatinn while assisting in the
rehabilitation of the raptor.
(B) The licensee shall return any such raptor that cannot be released to the wild to the
rehabilitator within 180 calendar days unless the rehahilitater traRSfeFS the ranter to the
lir.„�cotherwise authorized by the department's License and Revenue Branch. The
department's Wildlife Branch will make the possession determination.
(5) IMPORTATION OF RAPTORS BY NONRESIDENTS OR NON-1-I.S. CITIZEN
(4) Importation of Raptors by Nonresidents or Non-U.S. Citizen. A nonresident or non-
U.S. citizen may temporarily import lawfully possessed raptors into California for up to
120 calendar days. The department's License and Revenue Branch shall be notified
within 10 calendar days prior to importing the raptor. A nonresident or non-U.S. citizen
shall submit to the department's License and Revenue Branch official written authority
to export raptors from the originating state or country, along with a health certificate for
the raptor, prior to importing a raptor. A non-U.S. citizen may import hisiher a falconry
raptor that a the licensee possesses legally, provided that importation of that
species into the United States is not prohibited, and he4he-the licensee has met all
permitting requirements of his/her he licensee's country of residence. Import of raptors,
including exotic raptors, may be subject to other state and federal laws and may require
additional federal permits.
(6) RELEASE OF RAPTORS (6) Release of Raptors. A licensee may release a native,
wild caught raptor to the wild in California only to a location near the site that raptor was
originally captured, and in appropriate habitat for that species of raptor. If the licensee
cannot access the site of original capture, then licensee shall releasees it in appropriate
habitat for that species of raptor.
(A) Prior to release, the licensee shall ensure the immediate area around the release
site is free from other raptors.
(B) The licensee shall remove any falconry band on the raptor being released; however
seamless metal bands shall remain attached.
(C) A licensee may not intentionally and permanently, release a non-native raptor,
hybrid, or native captive-bred raptor to the wild in California, unless a utherized by tbo
department
D A licensee shall not release any barred owl to the wild in California. A licensee shall
contact the department's License and Revenue Branch to determine.disposition of a
barred owl in possession. The department's Wildlife Branch will determine disposition.
(6) Hacking. A wild raptor may be hacked for conditioning or as a method
for release back into the wild. Any hybrid, captive-bred, or exotic raptor a licensee has in
possession may be hacked for conditioning, and shall have two attached functioning
radio transmitters during hacking except native captive bred raptors shall have a
minimum of one functioning transmitter. A licensee may not hack any raptor near a
known nesting area of a state or federally threatened or endangered, or fully protected
animal species or in any other location where a raptor may take or harm a state or
17
federally listed threatened or endangered, or fully protected animal species. Only a
General or Master falconer may hack falconry raptors.
(8) DEATH, ESCAPE OR THEFT„ (7) Death, Escape or Theft. A licensee whose raptor
dies, escapes, or is stolen, shall report the loss of the raptor by entering the required
information on the department's online
reporting system within 10 calendar days of the loss. A licensee may attempt to recover
a raptor lost to the wild for up to 30 calendar days before reporting the loss. The
licensee shall also report a theft of a raptor to an appropriate local law enforcement
agency within 10 calendar days of the loss.
(9) DISPOSITION r—%F---R-APTQ—R GARGA (8) Disposition of Raptor Carcass. If a
raptor dies and was banded or had an implanted microchip, the band or microchip shall
be left in place. If a licensee keeps the carcass or parts thereof, he/she the licensee
shall retain all records of the raptor. A licensee must send the entire body of a golden
eagle carcass held for falconry, including all feathers, talons, and other parts, to the
National Eagle Repository. Within 10 calendar days the carcass of any other raptor
species shall be either:
(A) Delivered to the department. A GaFGass may only he deditirererd to the department if
deliveFy;of if the licensee obtains authorization from the department's License and
Revenue Branch prior to delivery. The department's Wildlife Branch will make the
determination where the carcass will go. A carcass may only be delivered to the
department if the carcass is frozen; or
(B) Donated to any person authorized to possess the raptor or parts thereof, or
(C) Kept by the licensee for use in imping; or
(D) Delivered to a taxidermist fnr ranunting anrd pes essien by the_falGnneF'_9r
{€+Burned, buried, or otherwise destroyed=; or
E Delivered to a taxidermist for mounting and possession by the licensed falconer
ml
1. Within 30 da s of the expiration of a license the licensee shall return the mounted
raptor to the department.
2. Within 30 days of the death of the licensee, the estate shall return the mounted raptor
to the department.
3. In either event the licensee or the estate shall contact the department's License and
Revenue Branch. The department's Wildlife Branch will determine the disposition of the
mounted raptor.
(I Q) REf-A PTd ICC (g) 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 capture from the wild count against the
licensee's limit on number of raptors captured from the wild. The licensee shall report
recaptured raptor t„ the department's ! inense and Revenue Rranr+h by submitting a
complete Resident Falconer Raptor Capture, Recapture and Release Report-and-lay
entering the Ferri sired iRfermatien OR FORR 3-186A in the 1 ISPNS's elentrnAin to the
department's online reporting system within five calendar days.
(A) A recaptured falconry raptor shall be returned to the person who lawfully possessed
it. If that person cannot possess the raptor or does not wish to possess it, the licensee
18
who recaptured the raptor may keep it if that species is allowed under4+W44ef the
licensee's existing license. If kept, the raptor will count towards the licensee's
possession limit.
1. A licensee who retains a recaptured raptor shall report the acquisition to the
department's E inense and Revenue a Brannh by submitting a nmmplete Resident FaIGGnor
inform-atinn en Perm 3 186A in the I ICCIAIS's elep-A- ,nin online reporting system within
five calendar days.
2. If neither party wishes to keep the raptor, disposition of the raptor will be at the
discretion of the department. The licensee in possession shall contact the department's
License and Revenue Branch. The department's Wildlife Branch will determine the
disposition of the recaptured raptor.
(1 1)USE OF FEATHERS-0 0) Use of Feathers. A licensee may possess feathers of
each species of raptor authorized to be possessed for as long as the licensee has a
valid falconry license. For eagle feathers, a licensee must follow federal standards as
noted in Title 50, GFR, cor,fien 21 2g 50 CFR 21. A licensee may receive raptor
feathers from another person in the United States as long as that person is authorized
to possess the feathers. Feathers from a falconry raptor may be donated to any person
with a valid permit to possess 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 or 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) PU GHAS.E, Y,S€L-L,TR° , OR BARTER (11) Purchase, Buy, Sell, Trade,
or Barter. No person n4ay-shall purchase, buy, sell, trade or 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 metal bands
to other linansed- fa'GeReFs-persons or entities who are authorized to possess them.
( 13 USE OF HYR-RID, NON_NATIVE, eNEro CAPTORS (12) Use of Hybrid,
Non-native, and Exotic Raptors. When flown free, hybrid, non-native, or exotic raptors
shall have attached at least two functioning radio transmitters to allow the raptor to be
located.
(14) OTHER USES S nF= FALCONRY RAPT llC?C 03) Other Uses of Falconry Raptors. A
licensee may use falconry raptors for education, exhibiting, propagation, or abatement.
A licensee may transfer a wild-caught raptor to a raptor propagation permit, but the
raptor shall have been used in falconry for at least two years, or at least one year fora
sharp-shinned hawk, merlin, Cooper's hawk or American kestrel. A wild caught raptor
may be transferred to another permit type other than falconry only if it has been injured
and can no longer be used in falconry. In this case, the licensee shall provide a copy of
a certification from a veterinarian to the department's License and Revenue Branch
stating that the raptor is not useable in falconry.
(A) EDUCATION AND EXHIBITING Education and Exhibiting. A licensee may use
raptors in his or her possession for training purposes, education, field meets, and media
(filming, photography, advertisements, etc.), as noted in Title 50, GFR, Sesrtien 21-.29 50
CFR 21, if the licensee possesses the appropriate valid federal permits, as long as the
19
raptor is primarily used for falconry and the activity is related to the practice of falconry
or biology, ecology or conservation of raptors and other migratory birds. Any fees
charged, compensation, or pay received during the use of falconry raptors for these
purposes may not exceed the amount required to recover costs. An Apprentice falconer
may use WsM#er-the licensee's falconry raptor for education purposes only under the
supervision of a General or Master falconer.
(B) PROPAGATIONPropagation. A licensee may conduct propagation activities with
raptors possessed under a falconry permit if the licensee possesses a valid federal
Raptor Propagation Permit and the person overseeing propagation has any other
necessary state and federal authorization or permits. The raptor shall be transferred
from a falconry license to a federal Raptor Propagation Permit if it is used in captive
propagation for eight months or more in a ret.-Ry license year. The transfer shall be
reported by entering the required infWWatinn nn Cr\rm 1S2�A in the I SF=V S's and h\r
entering the required information on Corm 3 186A in the I lSPNR—'R- elentrnnin submitting
OI\ IT 1 the vv, •r v v v,vv�,v� •
a complete Resident Falconer Raptor Capture, Recapture and Release Report to the
department's online the department's online reporting system. Transfer of a raptor from
a falconry license to a federal Raptor Propagation Permit is not required if the raptor is
used for propagation purposes fewer than eight months in artery license year.
(C) ABA-rcnnAbatement. A Master falconer may conduct abatement activities with
raptors possessed under a falconry license and receive payment if the licensee
possesses a valid federal Special Purpose Abatement Permit. A General falconer may
conduct abatement activities only as a sub-permittee of the holder of a valid federal
Special Purpose Abatement Permit.
(i) BANDING AND T-An ING Banding and Tagging.
(1) A goshawk, captured from the wild or acquired
from another licensee or a permitted Galifernia wildlife Fehabilitater shall be banded with
a permanent, nonreusable, numbered USFWS leg band if the raptor is not already
banded. Gaptive br-ed rapters that are listed und-er-1-he IVIBTA shall be banded with
seamless metal hand A peregrine, gyrfalcon or Harris's hawk legally acquired from
another state or from another licensee shall be banded with a permanent
nonreusable numbered USFWS leg band if the raptor is not already banded.
(A) A licensee shall obtain a permanent, nonreusable numbered USFWS-Lqg band from
the department's License and Revenue Branch er regional Off iGe nririr tO napturin.
FapteF ftem the wild. The License and Revenue Branch shall report banding data to the
USFWS.
(B) A licensee may purchase and implant an ISO (International Organization for
Standardization)-compliant (134.2 kHz) microchip in addition to the band. The licensee
shall report the band number armor the microchip information an Cnrm 3 -1 426-A in the
I ICCIA= .,leGtreniG reporting system. to the department's online reporting system when
reporting acquisition of the bird.
(2) Lest OF Removed Bands. A band May be iRteRtienally remGved fr-em a rapter only b
naleRdar days of the leas er remeyal
20
(2) Captive bred raptors that are listed under the MBTA shall be banded with seamless
metal bands.
(3) Rebanrlinn A liiGeRSee shall rohanrl a ranter if the eri`viRal band in Inst OF FeFRGVeEI
The "Gensee shall enteF the required information on FeFm 3 1136A in the
n_
e
eleMin_repeFtinr_ systorn within_10 nalendar days of rebinding
V
(3) If a band is lost or must be removed from a raptor in a licensee's possession, the
licensee shall report the loss of the band to the department's online reporting system
within five (5) days and the licensee shall request a replacement permanents
nonreusable, numbered USFWS leg band from the department's License and Revenue
Branch.
4 After receiving a replacement band from the department's License and Revenue
Branch, the licensee shall rebind a raptor if the original band is lost or removed. The
License and RevenueBranch shall report rebanding data to the USFWS.
. The alteration, counterfeiting or defacing of a band
is prohibited except that licensees may remove the rear tab or may smooth any
imperfect surface provided the integrity of the band and numbering are not affected.
(5) Health Gnnoirlora+inno The department may approve an exemption from the
banding requirement if a licensee provides documentation that health or injury 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
microchip supplied by the USFWS shall be used instead.
0) FACILITIES, EQUIPMENT, AND iNSPEGTIGNS Facilities, Equipment, and
Inspections.
(1) HOUSING STANDARDSAND SPECIFICATIONS Housing Standards and
Specifications. Raptor housing facilities shall meet the standards in Title 50, C�l�
Sestie+2 -)-50 CFR 21 at all times. Raptor housing facilities shall be inspected and
certified by the department prior to issuance of a falconry license. Thereafter, a
licensee shall maintain approved permanent 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 at any location, only if the aro ip
the imme when in the presence of a licensed falconer and may be temporarily
under watch by a person 12 years or older designated by the licensee.
(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 department's License and Revenue Branch, in writing
within five calendar days if the licensee moves s the licensee's permanent falconry
facilities to another location
Equipment 'RspeGtien Report, as speGified in SeGtion 703, and the 'nsperAiGR The
department will conduct a facility ins_
- inspection,pection, as specified in Section 703, and the
,..,.,..,..._.._....--.--._,_
licensee shall pay the inspection fees.
21
(2) EpUIPMEnrr Equipment. A licensee shall have jesses or other materials and
equipment to make them, leash, swivel, bath container, and appropriate scales or
balances for weighing raptors here-the licensee possess.
(3) 1 NSPEGTIONS Inspections. Inspections of indoor or outdoor facilities, equipment,
and raptors shall be conducted by the department. Inspections are required for a new
License applicant, applicants renewing al'� license which has been expired more
than 5 years, and licensees that move facility housing to a new address, and there
Persees. Applicants and licensees shall initiate the inspection by submitting a complete
Raptor Facilities and Falconry Equipment Inspection Report and fees, as specified in
Section 703. Equipment and facilities that meet the federal standards shall be certified
by the department using the Raptor Facilities and Falconry Equipment Inspection
Report. Equipment and facilities that do not meet the minimum standards and
specifications shall not be certified by the department.
(A) The department may conduct unannounced visits to inspect facilities, equipment, or
raptors possessed by the licensee, and may enter the-pfeFnises facilities of any
lipenIgg wh n thg lic nsee isre n during a reasonable time of
the day and on any day of the week. The denadmenf.u1111 .mn-ake a -re-acnen-ahle_Sf emn#
tO rentaGt the Iine •1e GenduGfinn 4he in�nanfiekn� The department may
also inspect, audit, or copy any permit, license, book, or other record required to be
kept by the licensee under these regulations at any time. The department may deny
the issuance of or immediatelys end th licen f a lic n who refuses to
bpuma it 1 participate in a facility i nspection or who refuses to allipw
inspection of a facility, license, book, or other record required to be kept by the
licensee. A refusal to allow inspection may be inferred if, after reasonable
attempts by the department, the licensee is unavailable for inspection. The
department may reinstate a license suspended pursuant to this subdivision if the
licensee allows the d-epa(tment to inspect the facility, license book or other
reg r nd ng violations of these., r l i n or-any licenseficense c n i i n r
observed durina that inspection.
(B) If a licensee's facilities are not on property owned by the licensee, he/she the
licensee shall submit to the department's License and Revenue Branch a signed and
dated statement with original signature from the property owner indicating the property
owner agrees that the falconry facilities and raptors may be inspected by the
department without advance notice.
Note: Authority: Fish and Game Code Sections: 200, 202, 203, 355, 356, 395, 396,
398, 710.5, 710.7, 713, 1050, 1054, 1530, 1583, 1802, 3007, 3031, 3039, 3503, 3503.5,
3511, 3513, 3800, 3801.6, 3950, 4150, 10500. Reference: Fish and Game Code
Sections: 395, 396, 713, 1050, 3007, 3031, 3503, 3503.5, 3511, 3513, 3801.6. Title 50,
Code of Federal Regulations, Parts 21.29 and 21.30, and California Penal Code Section
597.
22