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the applicant's raptor housing facilities and falconry <br />equipment shall be inspected and certified by a <br />representative of the State wildlife department as meeting <br />the following standards: <br />(1) Facilities. The primary consideration for raptor <br />housing facilities whether indoors (mews) or outdoors <br />(weathering area) is protection from the environment, <br />predators, or undue disturbance. The applicant shall have <br />the following facilities, except that depending upon climatic <br />conditions, the issuing authority may require only one of <br />the facilities described below. <br />(i) Indoor facilities (mews) shall be large enough to <br />allow easy access for caring for the raptors housed in the <br />facility. If more than one raptor is to be kept in the mews, <br />the raptors shall be tethered or separated by partitions and <br />the area for each bird shall be large enough to allow the bird <br />to fully extend its wings. There shall be at least one <br />window, protected on the inside by vertical bars, spaced <br />narrower than the width of the bird's body, and a secure <br />door that can be easily closed. The floor of the mews shall <br />permit easy cleaning and shall be well drained. Adequate <br />perches shall be provided. <br />(ii) Outdoorfacilities (weathering area) shall be fenced <br />and covered with netting or wire, or roofed to protect the <br />birds from disturbance and attack by predators except that <br />perches more than 6'/Z feet high need not be covered or <br />roofed. The enclosed area shall be large enough to insure <br />the birds cannot strike the fence when flying from the <br />perch. Protection from excessive sun, wind, and inclement <br />weather shall be provided for each bird. Adequate perches <br />shall be provided. <br />(2) Equipment. The following items shall be in the <br />possession of the applicant before he can obtain a permit <br />or license: <br />(i) Jesses-At least 1 pair of Alymeri jesses or similar <br />type constructed of pliable, high-quality leather or suitable <br />synthetic material to be used when any raptor is flown free. <br />(Traditional 1-piece jesses may be used on raptors when <br />not being flown.); <br />(ii) Leashes and swivels-At least 1 flexible, weather- <br />resistant leash and 1 strong swivel of acceptable falconry <br />design; <br />(iii) Bath container-At least 1 suitable container, 2 to 6 <br />inches deep and wider than the length of the raptor, for <br />drinking and bathing for each raptor; <br />(iv) Outdoor perches-At least 1 weathering area perch <br />of an acceptable design shall be provided for each raptor; <br />and <br />(v) Weighing device-A reliable scale or balance suitable <br />for weighing the raptor(s) held and graduated to increments <br />of not more than % ounce (15 gram) shall be provided. <br />(3) Maintenance. All facilities and equipment shall be <br />kept at or above the preceding standards at all times. <br />(4) Transportation; temporary holding. A raptor maybe <br />transported or held in temporary facilities which shall be <br />provided with an adequate perch and protected from <br />extreme temperatures and excessive disturbance, for a <br />period not to exceed 30 days. <br />(h) Marking. All peregrine falcons (Falco peregrinus), <br />gyrfalcon (Falco rusticolus), and Harris hawk (Parabuteo <br />unicinctus) possessed for falconry purposes must be <br />marked in accordance with the following provisions: <br />(1) Any peregrine falcon (Falco peregrinus), gyrfalcon <br />(Falco rusticolus), or Harris hawk (Parabuteo unicinctus), <br />except a captive bred raptor lawfully marked by a <br />numbered, seamless band issued by the Service, must be <br />banded with a permanent, non-reusable, numbered band <br />issued by the Service. <br />(2) Any peregrine falcon (Falco peregrinus), gyrfalcon <br />(Falco rusticolus), or Harris hawk (Parabuteo unicinctus) <br />possessed for falconry purposes must be banded at all <br />times in accordance with these standards. Loss or removal <br />of any band must be reported to the issuing office within five <br />(5) working days of the loss and must be replaced with a <br />permanent, non-reusable, numbered band supplied by the <br />Service. <br />(i) Taking restrictions. State laws or regulations shall <br />provide the following restrictions on the taking of raptors <br />from the wild: <br />(1) Young birds not yet capable of flight (eyasses) may <br />only betaken by a General or Master Falconer during the <br />period specified by the State and no more than two <br />eyasses may betaken by the same permittee during the <br />specified period. <br />(2) First-year (passage) birds may betaken only during <br />the period specified by the State; <br />(3) In no case shall the total of all periods of taking of <br />eyasses or passage birds exceed 180 days during a <br />calendar year, except that a marked raptor may be <br />retrapped at any time; and <br />(4) OnlyAmerican kestrels (Falco sparverius) and <br />great-horned owls (Bubo virginianus) may be taken when <br />over one year old, except that any raptor other than <br />endangered orthreatened species taken undera <br />depredation (or special purpose) permit may be used for <br />falconry by General and Master falconers. <br />Q) Otherrestrictions. State laws or regulations shall <br />provide the following restrictions or conditions: <br />(1) A person who possesses a lawfully acquired raptor <br />before the enactment of these regulations and who fails to <br />meet the permit requirements shall be allowed to retain the <br />raptors. All such birds shall be identified with markers <br />supplied by the Service and cannot be replaced if death, <br />loss, release, or escape occurs. <br />(2) If you possessed raptors before January 15, 1976, <br />the date these regulations were enacted, and you had more <br />than the number allowed under your permit, you may retain <br />the extra raptors. However, each of those birds must be <br />identified with markers we supplied, and you cannot replace <br />any birds, nor can you obtain any additional raptors, until <br />the number in your possession is at least one fewer than <br />the total number authorized by the class of permit you hold. <br />(3)Afalconry permit holdershallobtain written <br />authorization from the appropriate State wildlife department <br />before any species not indigenous to that State is <br />intentionally released to the wild, at which time the marker <br />6 <br />