Section R657-20-5 - Application for a Falconry COR(1) To obtain a falconry COR, applicants must have either an indoor mews or an outdoor weathering area, or both pursuant to Section R657-20-6.(2) Resident Applications. (a) A resident applying for or renewing a falconry COR shall:(i) submit a completed falconry application to the Division; (ii) identify species and number of birds proposed to be held at a given facility; and(iii) include the appropriate COR fee.(b) As a condition to obtaining a falconry COR, the falconer agrees to reasonable administrative inspections of falconry raptors, facilities, equipment, CORs, and related documents.(c) Falconry raptors, facilities, equipment, and documents may be inspected by the Division only in the presence of the permittee at a reasonable time of day.(d) At the time of renewal, the current falconry COR number must be included on the falconry COR renewal application.(e) A falconer claiming residency in Utah may not claim residency in, or possess a resident falconry license or falconry permit from, another state.(f)(i) Resident falconers wishing to renew a valid falconry COR must submit a completed falconry COR renewal form to the Division upon or before the expiration date specified on the current falconry COR.(ii) Falconry COR renewals require up to a 30 business-day processing time for completion.(g) Residents who do not hold a valid falconry COR or do not submit a COR renewal form by the date their current COR lapses and who maintain raptors in possession are in violation of unlawful captivity of protected wildlife under Sections 23-13-4 and 23-20-3.(h) Failure to submit required records and timely, accurate, or valid reports may result in administrative action by the Division, including:(i) Issuance of a probationary COR with restrictions on activities allowed; or(ii) Non-renewal of a COR until the required records and reports are completed.(j)(i) A falconry COR is considered to be lapsed if the falconer has not applied for renewal within 30 calendar days of the expiration of their current COR.(ii) Disposition of raptors held under a lapsed falconry COR is at the discretion of the Division.(iii) Raptors held under a lapsed falconry COR are subject to seizure by the Division.(k) A falconer who has allowed their COR to lapse may apply for a new COR.(l) If a falconry COR has lapsed for fewer than five (5) years, it will be reinstated at the level held previously if: (i) proof of certification at that level is provided to the Division;(ii) the applicant has facilities and equipment that meet the requirements in R657-20-6; and(iii) the applicant is otherwise qualified to obtain a COR pursuant to R657-20-4.(m)(i) If a falconry COR or Permit has lapsed for five (5) years or longer, an applicant must correctly answer at least 80 percent of the questions on an examination administered by the Division as required in Section R657-20-9(1)(b).(ii) If the applicant passes the examination, a falconry COR will be reinstated at the level previously held.(iii) The applicant's facilities and equipment must also pass inspection by a Division representative before possessing a raptor for falconry as required in Sections R657-20-6.(3) Falconers Wishing to Establish Residency in Utah.(a) A falconer entering Utah to establish residency must possess the following: (i) A copy of the previous state's valid falconry license indicating class designation;(ii) a current federal falconry permit number, if applicable;(iii) a valid health certificate for each raptor in possession;(iv) the number and species of raptors with the band numbers (if banded) for each raptor held in possession; and(v) any additional documentation required by the Utah Department of Agriculture.(b) A six (6)-month domicile period is required for a falconer entering Utah to establish residency.(c) A falconer entering Utah to establish residency may possess legally obtained raptors that were acquired prior to entering Utah if the following requirements are satisfied: (i) documentation satisfying import requirements for the Utah Department of Agriculture for each falconry bird must be presented to the Division within five (5) business days after entering Utah;(ii) the falconer must purchase all applicable Utah nonresident hunting licenses and/or permits if the raptor(s) is to be used for falconry during the six (6)-month period necessary to establish residency;(iii) the falconer must maintain proper facilities and equipment as required in Sections R657-20-6, 7, and 8; and(iv) possession of the raptor is allowed under the provisions of this rule.(d) At the conclusion of the six (6)-month domicile period, a new resident applying for a falconry COR must submit the following to the Division:(i) a completed falconry application indicating class designation;(ii) a copy of a valid falconry license from the former state of residency indicating class designation;(iii) a valid federal falconry permit number, if applicable; and(iv) the appropriate COR fee.(e) A falconer that holds raptors in possession and fails to apply for a falconry COR within 30 days of qualifying for residency is in violation Utah Code Sections 23-13-4 and 23-20-3, may be denied a falconry COR, and any raptors in their possession may be subject to seizure.Utah Admin. Code R657-20-5
Amended by Utah State Bulletin Number 2017-18, effective 8/21/2017