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The lost band must be replaced by a permanent, non-
<br />reusable band supplied by the Service. A form 3-186A
<br />(Migratory BirdAcquisition/Disposition Report) must be filed
<br />in accordance with paragraph (d)(4) of this section reporting
<br />the loss of the band and rebinding.
<br />(8) A permittee may not sell, purchase, barter, or offer
<br />to sell, purchase or barter any raptor unless the raptor is
<br />marked on the metatarsus by a seamless, numbered band
<br />supplied by the Service.
<br />(9) A permittee may not propagate raptors without prior
<br />acquisition of a valid raptor propagation permit issued under
<br />section 21.30 of this subchapter.
<br />(e) Term of permit. A falconry permit issued or renewed
<br />under this part expires on the date designated on the face
<br />of the permit unless amended or revoked, but the term of
<br />the permit shall not exceed three (3) years from the date of
<br />issuance or renewal. [54 FR 38152, Sept. 14, 1989]
<br />§ 21.29 Federal falconry standards.
<br />(a) Before you can practice falconry in any State. You
<br />cannot take, possess, transport, sell, purchase, barter, or
<br />offer to sell, purchase, or barter any raptor for falconry
<br />purposes, in any State unless the State allows the practice
<br />of falconry, and the State has submitted copies of its laws
<br />and regulations governing the practice of falconry to us
<br />(Director), and we have determined that they meet or
<br />exceed the Federal falconry standards established in this
<br />section. If you are a Federal falconry permittee, you can
<br />possess and transport for falconry purposes a lawfully
<br />possessed raptor through States that do not allow falconry
<br />or meet Federal falconry standards so long as the raptors
<br />remain in transit in interstate commerce. The States that
<br />are in compliance with Federal falconry standards are listed
<br />in paragraph (k) of this section.
<br />(b) More restrictive State laws. Nothing in this section
<br />shall be construed to prevent a State from making and
<br />enforcing laws or regulations not inconsistent with the
<br />standards contained in any convention between the United
<br />States and any foreign country for the protection of raptors
<br />or with the Migratory Bird Treaty Act, and which shall give
<br />further protection to raptors.
<br />(c) What is the process for Federal approval of a State
<br />program? Any State that wishes to allow the practice of
<br />falconry must submit to the Director of the Service a copy
<br />of the laws and regulations that govern the practice of
<br />falconry in the State. If we determine that they meet or
<br />exceed the Federal standards, which are established by
<br />this section, we will publish a notice in the Federal Register
<br />adding the State to the list of approved States in paragraph
<br />(k) of this section. Any State that was listed in paragraph
<br />(k) prior to September 14, 1989, is considered to be in
<br />compliance with our standards.
<br />(d) Permit. State laws or regulations shall provide that a
<br />valid State falconry permit from either that State or another
<br />State meeting Federal falconry standards and listed in
<br />paragraph (k) of this section is required before any person
<br />may take, possess, or transport a raptor for falconry
<br />purposes or practice falconry in that State.
<br />(e) Classes of permits. States may have any number of
<br />classes of falconry permits provided the standards are not
<br />less restrictive than the following:
<br />(1) Apprentice (orequivalent) class.
<br />(i) Permittee shall be at Least 14 years old;
<br />(ii) A sponsor who is a holder of a General or Master
<br />Falconry Permit or equivalent class is required for the first
<br />two years in which an apprentice permit is held, regardless
<br />of the age of the permittee. A sponsor may not have more
<br />than three apprentices at any one time;
<br />(iii) Permittee shall not possess more than one raptor
<br />and may not obtain more than one raptor for replacement
<br />during any 12-month period; and
<br />(iv) Permittee shall possess only the following raptors
<br />which must betaken from the wild: an American kestrel
<br />(Fa/co spaiverius), ared-tailed hawk (Buteo jamaicensis), a
<br />red-shouldered hawk (Buteo lineatus), or, in Alaska only, a
<br />goshawk (Accipitergentilis).
<br />(2) General (orequivalent) class.
<br />(i) A permittee shall be at least 18 years old;
<br />(ii) A permittee shall have at least two years experience
<br />in the practice of falconry at the apprentice level or its
<br />equivalent;
<br />(iii) A permittee may not possess more than two raptors
<br />and may not obtain more than two raptors for replacement
<br />birds during any 12-month period; and
<br />(iv) A permittee may not take, transport, or possess
<br />any golden eagle or any species listed as threatened or
<br />endangered in part 17 of this sub chapter.
<br />(3) Master(orequivalent) class.
<br />(i) An applicant shall have at least five years experience
<br />in the practice of falconry at the general class level or its
<br />equivalent.
<br />(ii) A permittee may not possess more than three
<br />raptors and may not obtain more than two raptors taken
<br />from the wild for replacement birds during any 12-month
<br />period;
<br />(iii) A permittee may not take any species listed as
<br />endangered in part 17 of this chapter, but may transport or
<br />possess such species in accordance with part 17 of this
<br />chapter.
<br />(iv) A permittee may not take, transport, or possess
<br />any golden eagle for falconry purposes unless authorized in
<br />writing under Sec. 22.24 of this subchapter;
<br />(v) A permittee may not take, in any twelve (12) month
<br />period, as part of the three-bird limitation, more than one
<br />raptor listed as threatened in part 17 of this chapter, and
<br />then only in accordance with part 17 of this chapter.
<br />(f) Examination. State laws or regulations shall provide
<br />that before any State falconry permit is issued the applicant
<br />shall be required to answer correctly at least 80 percent of
<br />the questions on a supervised examination provided or
<br />approved by the Service and administered by the State,
<br />relating to basic biology, care, and handling of raptors,
<br />literature, laws, regulations or other appropriate subject
<br />matter.
<br />(g) Facilities and equipment. State laws or regulations
<br />shall provide that before a State falconry permit is issued
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