W. Va. Code R. § 58-65-10

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 58-65-10 - Marking

10.1. Northern goshawks (Accipiter gentilis), Harris's hawks (Parabuteo unicinctus), Peregrine falcons (Falco peregrines)and Gyrfalcons(Falco rusticolus)taken, possessed, transported or used for falconry purposes shall be marked according to the following guidelines:

10.1.1. For captive-bred raptors, a seamless, numbered leg band issued by the U.S. Fish and Wildlife Service must be attached to the raptor.

10.1.2. For raptors originating from the wild, a U.S. Fish and Wildlife Service permanent, non-reusable numbered leg band issued by the Division must be attached to the raptor. A raptor taken from the wild may not be banded with a seamless numbered leg band.

10.1.3. For both captive-bred raptors and raptors originating from the wild, an ISO (International Organization for Standardization)-compliant (134.2 kHz) microchip may be implanted in addition to the leg band.

10.2. A permittee must report the loss or removal of any band within five days by filing a Federal Fish and Wildlife Permit Application form 3-186A (Migratory Bird Acquisition/Disposition Report) either electronically or in paper form. Lost bands must be replaced by a permanent, non-reusable numbered band supplied by the Division. Upon remarking the raptor, the permittee shall immediately complete and submit a Federal Fish and Wildlife Permit Application form 3-186A (Migratory Bird Acquisition/Disposition Report) either electronically or on paper reporting the new band.

10.3. The alteration, counterfeiting, or defacing of a marker is prohibited, except that a permittee may remove the rear tab on markers and may smooth an imperfect surface provided the integrity of the marker and nomenclature are not affected.

10.4. If a band causes documented harm or injury to a raptor, the permittee may remove the band and be exempted from future re-banding at the discretion, and with the written permission, of the Division. If a band must be removed from a wild-taken goshawk, Harris's hawk, peregrine falcon or gyrfalcon it must be replaced by an ISO-compliance (134.2 kHz) microchip supplied by the U.S. Fish and Wildlife Service through the Division.

10.5. A permittee shall remove and surrender to the Division any markers from an intentionally wild caught raptor which is indigenous to the state. A standard Federal band provided by the U.S.G.S. Bird Banding Lab may be attached to the birdprior to release, provided the falconer holds a federal bird banding permit issued by the U.S.G.S. Bird Banding Lab.

10.6. Non-indigenous, captive-bred, or hybrid raptors may not be released to the wild in West Virginia.

W. Va. Code R. § 58-65-10