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escaped may be taken at any time.
<br />(H) Definition of Replacement Period. (§Z1.29 CFR) The
<br />12 month period for replacing birds begins on March 1, of
<br />each year.
<br />L Title 50, CFR, Part 21 Excerpts
<br />50 CFR 21 MIGRATORY BIRD PERMITS (10/1/01 Edition)
<br />§ 21.28 Falconry permits.
<br />(a) Permit requirements. Afalconrypermit is required
<br />before any person may take, possess, transport, sell,
<br />purchase, barter, offer to sell, purchase, or barter raptors for
<br />falconry purposes.
<br />(b) Application procedures.
<br />(1) An applicant who wishes to practice falconry in a
<br />State listed in Sec. 21.29(k) of this part and which has
<br />been designated as a participant in a cooperative Federal/
<br />State permit application program may submit an application
<br />for a falconry permit to the appropriate agency of that State.
<br />Each such application must incorporate a completed official
<br />form approved by the Service and must include in addition
<br />to the general information required by part 13 of this
<br />subchapter all of the following:
<br />(i) The number of raptors the applicant possesses at
<br />the time the application is submitted, including the species,
<br />age (if known), sex (if known), date of acquisition, and
<br />source of each;
<br />(ii) A check or money order made payable to "U.S. Fish
<br />and Wildlife Service" in the amount of the application fee
<br />listed in Sec. 13.11(d) of this subchapter.
<br />(iii)An original, signed certification concerning the
<br />validity of the information provided in the application in the
<br />form set forth in Sec. 13.12(a)(5).
<br />(iv)Any additional information requested by the State to
<br />which the application is submitted.
<br />(2) Upon receipt of a joint application by a State listed
<br />in Sec. 21.29(k) as a participant in a cooperative Federal/
<br />State permit application program, the State will process the
<br />application for a State falconry permit in accordance with its
<br />own procedures. A copy of the application, the check or
<br />money order for Federal permit fees, and the original,
<br />signed certification required by paragraph (b)(1)(iii) of this
<br />section will be forwarded to the issuing office of the Service
<br />designated by Sec. 13.11(b) of this subchapter. If the State
<br />decides to issue a falconry permit based upon the
<br />application, a copy of the permit will also be forwarded to
<br />the appropriate issuing office of the Service.
<br />(3) An applicant who wishes to practice falconry in a
<br />State listed in Sec. 21.29(k) of this subchapter, but which
<br />does not participate in a cooperative Federal/State permit
<br />application program must submit a written application for a
<br />falconry permit to the issuing office designated by Sec.
<br />13.11(b) of this subchapter. Each application must contain
<br />the general information and certification required by Sec.
<br />13.12(a) of this subchapter plus a copy of a valid State
<br />falconry permit issued to the applicant by a State listed in
<br />Sec. 21.19(k) of this subchapter.
<br />(c) Issuance criteria. Upon receiving an application
<br />completed in accordance with paragraph (b) of this section
<br />that meets all requirements of this part, the Director will
<br />issue a permit. In addition to meeting the general criteria in
<br />Sec. 13.21(b), the applicant must have a valid State
<br />falconry permit issued by a State listed in Sec. 21.29(k) of
<br />this subchapter.
<br />(d) Permit conditions. In addition to the general
<br />conditions set forth in part 13 of this subchapter, every
<br />permit issued under this section shall be subject to the
<br />following special conditions:
<br />(1) A permittee may not take, transport, or possess a
<br />golden eagle (Aquila chrysaetos) unless authorized in
<br />writing under Sec. 22.24 of this subchapter.
<br />(2) A permit issued under this section is not valid
<br />unless the permittee has a valid State falconry permit
<br />issued by a State listed in Sec. 21.29(k) of this subchapter.
<br />(3) A permittee may not take, possess, transport, sell,
<br />purchase, barter, or transfer any raptor for falconry
<br />purposes except under authority of a Federal falconry
<br />permit issued under this section and in compliance with the
<br />Federal falconry standards set forth in Sec. 21.29 of this
<br />subchapter.
<br />(4) No permittee may take, purchase, receive, or
<br />otherwise acquire, sell, barter, transfer, or otherwise
<br />dispose of any raptor unless such permittee submits a form
<br />3-186A(Migratory Bird Acquisition/Disposition Report),
<br />completed in accordance with the instructions on the form,
<br />to the issuing office within five (5) calendar days of any
<br />such transaction.
<br />(5) No raptor may be possessed under authority of a
<br />falconry permit unless the permittee has a properly
<br />completed form 3-186A(Migratory Bird Acquisition/
<br />Disposition Report) for each bird possessed, except as
<br />provided in paragraph (d)(4) of this section.
<br />(ti) A raptor possessed under authority of a falconry
<br />permit may be temporarily held by a person other than the
<br />permittee for maintenance and care for a period not to
<br />exceed thirty (30) days. The raptor must be accompanied
<br />at all times by a properly completed form 3-186A (Migratory
<br />Bird Acquisition/Disposition Report) designating the person
<br />caring for the raptor as the possessor of record and by a
<br />signed, dated statement from the permittee authorizing the
<br />temporary possession.
<br />(7) A permittee may not take, possess, or transport any
<br />peregrine falcon (Falco peregrinus), gyrfalcon (Falco
<br />rusticolus), or Harris hawk (Parabuteo unicinctus) unless
<br />such bird is banded either by a seamless numbered band
<br />provided by the Service or by a permanent, non-reusable
<br />band provided by the Service.
<br />(i) Any peregrine falcon (Falco peregrinus), gyrfalcon
<br />(Falco rusticolus), or Harris hawk (Parabuteo unicinctus)
<br />taken from the wild must be reported to the issuing office
<br />within five (5) days of taking and must be banded with a
<br />permanent, non-reusable band provided by the Service. No
<br />raptor removed from the wild may be banded with a
<br />seamless numbered band.
<br />(ii) The loss or removal of any band must be reported to
<br />the issuing office within five (5) working days of the loss.
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