Md. Code Regs. 08.03.09.14

Current through Register Vol. 51, No. 12, June 14, 2024

Section 08.03.09.14 - Take of Passage Peregrine Falcon

A. Definitions.

(1) In this regulation, the following terms have the meanings indicated.

(2) Terms Defined.

(a) "Allowable take" means the number of passage peregrine falcons authorized by the U.S. Fish and Wildlife Service to be taken from the wild in Maryland in a given year.

(b) "Apprentice falconer" means a person that holds an apprentice class falconry permit as described in Regulation .07C(1) of this chapter.

(c) "Falconry" means the sport of taking wildlife by the means of a trained raptor.

(d) "General falconer" means a person that holds a general class falconry permit as described in Regulation .07C(2) of this chapter.

(e) "Master falconer" means a person that holds a master class falconry permit as described in Regulation .07C(3) of this chapter.

(f) "Passage" means first-year migrant raptor.

(g) "Take" means to trap, capture, or legally acquire, or to attempt to trap, capture, or legally acquire, a raptor for falconry.

B. A person may take a passage peregrine falcon for the purpose of falconry from September 20 through October 20 of each year, with a current Maryland peregrine falcon permit and falconry permit.

C. Permit Required.

(1) A person may not take or attempt to take a passage peregrine falcon in Maryland without first obtaining a peregrine falcon permit from the Service.

(2) A person who assists with the taking of a passage peregrine falcon is not required to possess a peregrine falcon permit.

D. Permit Application and Issuance.

(1) A person shall submit a completed peregrine falcon permit application form, available from the Service, and an application fee, by August 20 of each year to be eligible for a permit.

(2) The application fee for a Maryland resident falconer is $10. The application fee for a nonresident falconer is $50. An application fee is nonrefundable.

(3) Only a general falconer or master falconer may apply for a peregrine falcon permit. Apprentice falconers may not apply for a peregrine falcon permit.

(4) The Service shall select permits by random drawing if the number of applications exceeds the targeted allowable take. The number of permits issued shall be based on the targeted allowable take each year.

E. Targeted Allowable Take.

(1) Prior to the beginning of a migration season, the Service shall determine the allowable take of passage peregrine falcons for the season based on guidelines provided by the U.S. Fish and Wildlife Service.

(2) The Service shall issue the number of permits estimated to be required to meet the targeted allowable take for the season.

(3) The Service shall close the season upon a determination that the allowable take has been reached.

F. Take of Passage Peregrine Falcon.

(1) A person may only take passage peregrine falcons using standard live trapping techniques for raptors.

(2) A person may take only one passage peregrine falcon with a peregrine falcon permit.

(3) A person may live trap more than one passage peregrine falcon during any 1-day trapping session, but may only keep one. All others shall be released by the end of the trapping session.

(4) A passage peregrine falcon shall be marked with a permanent, nonreusable, numbered leg band provided by the Service.

(5) A person may not keep peregrine falcons previously banded with a U.S. Fish and Wildlife Service leg band.

G. A person taking a passage peregrine falcon shall report to an official designated call-in station by 8 p.m. of the day of take.

H. Any violation of the terms and conditions of the peregrine falcon permit is a violation of this regulation.

Md. Code Regs. 08.03.09.14

Regulation .14 adopted as an emergency provision effective August 1, 2009 (36:17 Md. R. 1309); emergency status expired October 21, 2009
Regulation .14 adopted effective November 2, 2009 (36:22 Md. R. 1723); amended effective 43:19 Md. R. 1071, eff. 9/26/2016