50 C.F.R. § 21.28 Falconry permits.
Title 50 - Wildlife and Fisheries
(a) Permit requirements. A falconry permit is required before any person may take, possess, transport, sell, purchase, barter, offer to sell, purchase, or barter raptors for falconry purposes. (b) Application procedures. (1) An applicant who wishes to practice falconry in a State listed in §21.29(k) of this part and which has been designated as a participant in a cooperative Federal/State permit application program may submit an application for a falconry permit to the appropriate agency of that State. Each such application must incorporate a completed official form approved by the Service and must include in addition to the general information required by part 13 of this subchapter all of the following: (i) The number of raptors the applicant possesses at the time the application is submitted, including the species, age (if known), sex (if known), date of acquisition, and source of each; (ii) A check or money order made payable to “U.S. Fish and Wildlife Service” in the amount of the application fee listed in §13.11(d) of this subchapter. (iii) An original, signed certification concerning the validity of the information provided in the application in the form set forth in §13.12(a)(5). (iv) Any additional information requested by the State to which the application is submitted. (2) Upon receipt of a joint application by a State listed in §21.29(k) as a participant in a cooperative Federal/State permit application program, the State will process the application for a State falconry permit in accordance with its own procedures. A copy of the application, the check or money order for Federal permit fees, and the original, signed certification required by paragraph (b)(1)(iii) of this section will be forwarded to the issuing office of the Service designated by §13.11(b) of this subchapter. If the State decides to issue a falconry permit based upon the application, a copy of the permit will also be forwarded to the appropriate issuing office of the Service. (3) An applicant who wishes to practice falconry in a State listed in §21.29(k) of this subchapter, but which does not participate in a cooperative Federal/State permit application program must submit a written application for a falconry permit to the issuing office designated by §13.11(b) of this subchapter. Each application must contain the general information and certification required by §13.12(a) of this subchapter plus a copy of a valid State falconry permit issued to the applicant by a State listed in §21.19(k) of this subchapter. (c) Issuance criteria. Upon receiving an application completed in accordance with paragraph (b) of this section that meets all requirements of this part, the Director will issue a permit. In addition to meeting the general criteria in §13.21(b), the applicant must have a valid State falconry permit issued by a State listed in §21.29(k) of this subchapter. (d) Permit conditions. In addition to the general conditions set forth in part 13 of this subchapter, every permit issued under this section shall be subject to the following special conditions: (1) A permittee may not take, transport, or possess a golden eagle (Aquila chrysaetos) unless authorized in writing under §22.24 of this subchapter. (2) A permit issued under this section is not valid unless the permittee has a valid State falconry permit issued by a State listed in §21.29(k) of this subchapter. (3) A permittee may not take, possess, transport, sell, purchase, barter, or transfer any raptor for falconry purposes except under authority of a Federal falconry permit issued under this section and in compliance with the Federal falconry standards set forth in §21.29 of this subchapter. (4) No permittee may take, purchase, receive, or otherwise acquire, sell, barter, transfer, or otherwise dispose of any raptor unless such permittee submits a form 3–186A (Migratory Bird Acquisition/Disposition Report), completed in accordance with the instructions on the form, to the issuing office within five (5) calendar days of any such transaction. (5) No raptor may be possessed under authority of a falconry permit unless the permittee has a properly completed form 3–186A (Migratory Bird Acquisition/Disposition Report) for each bird possessed, except as provided in paragraph (d)(4) of this section. (6) A raptor possessed under authority of a falconry permit may be temporarily held by a person other than the permittee for maintenance and care for a period not to exceed thirty (30) days. The raptor must be accompanied at all times by a properly completed form 3–186A (Migratory Bird Acquisition/Disposition Report) designating the person caring for the raptor as the possessor of record and by a signed, dated statement from the permittee authorizing the temporary possession. (7) A permittee may not take, possess, or transport any peregrine falcon (Falco peregrinus), gyrfalcon (Falco rusticolus), or Harris hawk (Parabuteo unicinctus) unless such bird is banded either by a seamless numbered band provided by the Service or by a permanent, non-reusable band provided by the Service. (i) Any peregrine falcon (Falco peregrinus), gyrfalcon (Falco rusticolus), or Harris hawk (Parabuteo unicinctus) taken from the wild must be reported to the issuing office within five (5) days of taking and must be banded with a permanent, non-reusable band provided by the Service. No raptor removed from the wild may be banded with a seamless numbered band. (ii) The loss or removal of any band must be reported to the issuing office within five (5) working days of the loss. The lost band must be replaced by a permanent, non-reusable band supplied by the Service. A form 3–186A (Migratory Bird Acquisition/Disposition Report) must be filed in accordance with paragraph (d)(4) of this section reporting the loss of the band and rebanding. (8) A permittee may not sell, purchase, barter, or offer to sell, purchase or barter any raptor unless the raptor is marked on the metatarsus by a seamless, numbered band supplied by the Service. (9) A permittee may not propagate raptors without prior acquisition of a valid raptor propagation permit issued under section 21.30 of this subchapter. (e) Term of permit. A falconry permit issued or renewed under this part expires on the date designated on the face of the permit unless amended or revoked, but the term of the permit shall not exceed three (3) years from the date of issuance or renewal. [54 FR 38152, Sept. 14, 1989]
Title 50: Wildlife and Fisheries
PART 21—MIGRATORY BIRD PERMITS
Subpart C—Specific Permit Provisions
§ 21.28 Falconry permits.
