N.Y. Comp. Codes R. & Regs. tit. 6 § 173.3

Current through Register Vol. 46, No. 50, December 11, 2024

Section 173.3 - Acquisition of raptors

(a) Raptors which have been captured from the wild may not be bought, sold, bartered or offered for sale or barter under a falconry license.

(b) Captive bred progeny of lawfully acquired raptors may be bought, sold, bartered, and offered for sale or barter under a falconry license.

(c) A falconer may obtain a raptor from a person outside New York State by any method which is legal where that person resides.

(d) Raptors may not be captured from the wild by any method that is injurious to the bird.

(e) Nestling raptors may only be captured from May 1st through July 31st inclusive, except that nestling great horned owls (Bubo virginianus) may be captured from February 1st through July 31st inclusive.

(f) A falconer may capture only one nestling raptor from any one nest. A nestling may not be captured from its nest unless there is at least one other nestling remaining in the nest.

(g) A falconer who captures a nestling raptor must, at the time of capture, install metal flashing at the base of the tree in which the nest is located. Such flashing must be at least two feet wide, must be wrapped completely around the tree, must be at least four feet from the ground, and must be painted to match the color of the tree trunk. The flashing must be removed after the remaining nestlings have left the nest

(h) First year passage birds may only be captured from September 1st through January 31st inclusive.

(i) A falconer who captures a raptor in adult plumage must immediately release that raptor at the site of capture.

(j) A falconer must immediately release a raptor that is caught unintentionally or which the falconer is not authorized to possess.

(k) A falconer must have his or her valid falconry license on their person when capturing raptors.

(l) A falconer must obtain permission from a landowner before he or she captures a raptor on private land. Permission must be obtained from the administering agency before capturing a raptor on public land.

(m) A falconer, who will be receiving a wild caught raptor, who is present at the capture site where the raptor is taken from the wild is considered the person who removes the bird from the wild even if another individual captures the bird. The falconer receiving the bird from the person who captured the bird is responsible for reporting the take of the bird as outlined in subdivision (a) of this section and the bird will count as one of the raptors the falconer receiving the bird is allowed to capture in that year.

(n) A falconer, who will be receiving a wild caught raptor, who is not at the capture site where a raptor is taken from the wild is not considered the person who removes the bird from the wild. The person who captures the bird from the wild must be a general or master falconer and is responsible for reporting the take of the bird as outlined in subdivision section 173.7(a) of this Part. The bird will count as one of the raptors the person who captured the bird from the wild is allowed to take in that year. If the falconer who took the raptor from the wild later transfers the bird to another falconer; both must report the transaction as outlined in section 173.7 of this Part.

(o) A falconer who has a long term or permanent physical impairment that prevents him or her from attending the capture of a raptor from the wild may have another licensed general or master falconer capture the bird for them. The falconer who is unable to attend the capture is responsible for reporting the take of the bird as outlined in subdivision (a) of this section and the bird will count as one of the birds he or she is allowed to take from the wild that year.

(p) A falconer who captures a raptor that is injured due to falconer trapping efforts may either:

(1) place the bird on their falconry permit then he or she must report the take as outlined in subdivision 173.7(a) of this Part and the bird will count as one of the raptors the falconer is allowed to take in that year; or

(2) directly transfer the bird to a veterinarian or licensed wildlife rehabilitator and the bird will not count against the falconer's allowed take or the number of raptors the falconer may possess.

In either case, the falconer is responsible for the costs of care and rehabilitation of the bird.

(q) The department may authorize the donation of a raptor to a falconer.

(r) A general or master falconer may obtain a first year raptor of a species that he or she is authorized to possess directly from a licensed wildlife rehabilitator. A raptor acquired from a rehabilitator will count as one of the birds the falconer is allowed to take from the wild that year.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 173.3