N.Y. Comp. Codes R. & Regs. tit. 6 § 173.7

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

Section 173.7 - Disposition of raptors

(a) A falconer who takes, acquires, transfers, rebands, or microchips a raptor; has a raptor stolen; permanently releases a raptor to the wild; loses a raptor to the wild and does not recover the bird within 30 days; or if a bird they possess dies; must enter the required information within 10 days in the United States Fish and Wildlife Service (USFWS) electronic database at http:// permits.fws.gov/186A or submit a paper federal form 3-186A to the department.

(b) A falconer must notify the USFWS and the department within 10 days of the theft of any raptor.

(c) A falconer must keep copies of all electronic database submissions documenting take, transfer, loss, release, rebanding or microchipping of each falconry raptor until five years after the transfer, loss or death of the raptor.

(d) A falconer may sell, purchase or barter, or offer to sell, purchase or barter captive bred raptors marked with seamless bands to other individuals who are licensed to possess the birds.

(e) A falconer may not sell, purchase, trade, or barter, or offer to sell, purchase, trade, or barter wild raptors. Wild raptors may only be transferred to individuals who are licensed to possess the birds.

(f) A falconer may transfer a wild caught raptor to a propagation license only after the bird has been used in falconry for at least two years (only one year for sharp-shinned hawk (Accipiter striatus), Cooper's hawk (A. cooperii), merlin (Falco columbarius) or American kestrel (F. sparverius)). The falconer must report the transfer of the bird as outlined in subdivision (a) of this section and provide a copy of the 3-186A form documenting acquisition of the bird by the propagator to the federal migratory bird permit office that administers the propagation permit.

(g) A falconer may transfer a wild caught raptor to an individual licensed to possess the raptor in less than two years if the bird has been injured and a veterinarian has determined that the bird can no longer be flown for falconry. When transferring the bird, the falconer must provide a written statement from the veterinarian attesting to the nature of the injury and that the bird is not useable in falconry along with a copy of the 3-186A form documenting acquisition of the bird to the federal migratory bird permits office that administers the other permit.

(h) A falconer may use a raptor held under a falconry license for captive propagation purposes without transferring the bird from their falconry license provided:

(1) the falconer has a USFWS license authorizing the propagation of the raptor; and

(2) the bird is used for fewer than eight months in a year and fewer than eight consecutive months in captive propagation.

(i) All raptors permanently transferred to a propagation license must be banded with a permanent, non-reusable, numbered band issued by the USFWS.

(j) A general or master falconer may use raptors held under their falconry license for conservation education and falconry education programs without transferring the bird(s) to an education license provided:

(1) the bird(s) are used primarily for falconry;

(2) the programs address falconry and conservation education;

(3) the programs are not conducted for profit, however, a falconer may charge a fee for presentation of a conservation education program provided that the fee does not exceed the amount required to recoup the cost of presenting the program.

(k) An apprentice falconer may present conservation education programs using the raptor held under their falconry license only under the direct supervision of a general or master falconer.

(l) A general or master falconer may assist a licensed wildlife rehabilitator to condition and/or evaluate raptors in preparation for release to the wild. The falconer may keep the bird they are helping to rehabilitate at the falconer's facilities provided:

(1) the rehabilitator provides the falconer with a written letter that identifies the bird and explains that the falconer is assisting in its rehabilitation;

(2) the falconer returns any such bird that cannot be permanently released to the rehabilitator;

(3) the falconer, upon coordination with the rehabilitator, releases the bird to the wild or returns it to the rehabilitator.

(m) A general or master falconer who is assisting a rehabilitator to condition raptors does not have to add the bird to their falconry license; the bird will remain under the permit of the rehabilitator.

(n) A falconer may not permanently release a raptor to the wild that is not native to New York State or is a hybrid of any kind.

(o) A general or master falconer may permanently release a raptor to the wild that is native to New York State and is captive bred provided:

(1) the falconer receives written permission from the department;

(2) the raptor must be hacked to the wild;

(3) the raptor is not hacked near a nesting area of a State or Federally listed threatened or endangered bird species or in any other location where the raptor is likely to harm a State or Federally listed threatened or endangered animal species that might be disturbed or taken by a falconry raptor being hacked;

(4) a raptor being hacked to the wild will count against the number of raptors the falconer may possess.

(p) A falconer must remove a raptor's falconry leg band (if present) prior to permanently releasing a raptor to the wild. The falconer must report release of the bird as outlined in subdivision (a) of this section.

(q) Feathers that are molted, or feathers from birds held in captivity that die, may not be retained or exchanged except for imping purposes as long as the falconer holds a valid license.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 173.7