W. Va. Code R. § 58-65-11

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

Section 58-65-11 - Take/Trapping of Raptors

11.1. A permittee shall notify the District Wildlife Biologist and District Law Enforcement Captain of the Division of his or her capture plans at least three days before initiating any trapping activity. The notification shall include the location of the trapping, a description of the trapping or capture methods and documentation that the permittee has permission from the landowner, including public lands. Furthermore, if the permittee is trapping and or acquiring the raptor from out-of-state, an importation permit as prescribed in W.Va. Code § 20-2-13 will be required.

11.2. Resident Apprentice Falconers may take only an American kestrel (Falco sparverius) or a red-tailed hawk (Buteo jamaicensis) from the wild in West Virginia.

11.3. Resident General or Master Falconers may take from the wild any species of Falconiform, Accipitriform or Strigiform in West Virginia except: eagles; peregrine falcon except by special permit; Northern harrier (Circus hudsonius); northern goshawk; American rough-legged hawk (Buteo lagopus); barn owl (Tyto alba); long-eared owl (Asio otus); short-eared owl (Asio flammeus); northern saw-whet owl (Aegolius acadicus); merlin (Falco columbarius) eyases; sharp-shinned hawk (Accipiter striatus) eyases.

11.4. Species cited as threatened or endangered under Endangered and threatened wildlife, 50 C.F.R. § 17.11 may not be taken in West Virginia, unless the permittee holds a valid Federal endangered species permit.

11.5. If a permittee captures a raptor he or she is not allowed to possess, it must be released immediately.

11.6. Permittees, regardless of class, may not take more than two raptors from the wild in any calendar year.

11.7. Immature raptors which are not yet capable of flight (eyases) may be taken from May 1 to July 31 only by a general or master falconer. At least one young must be left in the nest or aerie from which the take occurs.

11.8. First year (passage) birds may be taken from September 1 to January 31.

11.9. Only American kestrels (Falco sparverius)and great-horned owls (Bubo virginianus) may be taken from the wild when over one year of age.

11.10. An individual, other than a permittee, may take a raptor from the wild for a permittee if the permittee is present and supervises the capture. The permittee is considered the person responsible for the take and reporting thereof.

11.10.1. A physically impaired permittee may retain a general or master permittee to take a bird from the wild for him or her. Even if not present during the capture, the impaired permittee is the person considered responsible for the take and the reporting thereof.

11.11. Recapture of lost raptors.

11.11.1. A permittee may recapture a raptor that he or she has lost at any time.

11.11.2. A permittee may recapture any raptor marked or equipped for falconry or any captive-bred raptor at any time, even if the permittee is otherwise prohibited from possessing that species.

11.11.2.a. The recaptured raptor will not count against the possession limit of the permittee.

11.11.2.b. The permittee shall notify the Division within 10 days of the recapture.

11.11.2.c. The permittee shall make every effort to return the bird to the possessor of record, if that person is legally allowed to possess that raptor. If the possessor of record cannot be located or is not legally allowed to possess the raptor, the Division shall determine the disposition of the raptor.

11.12. A permittee may not take any raptor banded with a standard Federal migratory bird band, other auxiliary research marker or a transmitter.

11.12.1. A raptor with a standard Federal migratory bird band or auxiliary marker must be released immediately and the permittee shall promptly report the band number and all other relevant information to the Division and to the Federal Bird Banding Laboratory at www.reportband.gov.

11.12.2. A permittee may hold a raptor captured with a transmitter for up to 30 days in order to contact the researcher to determine if he or she wishes to replace the transmitter or its batteries or remove the transmitter. The permittee must notify the Division within five business days of the capture. Disposition of the raptor will be at the discretion of the Division and the researcher. This temporary possession does not count against the take or possession limit of the permittee.

11.13. A permittee may acquire a raptor of any species the permittee is allowed to possess by this rule, regardless of the age of the raptor, directly from a permitted rehabilitator. The bird will be considered as taken from the wild and counts against the take and possession limits of the permittee.

11.14. A permittee who accidentally injures a raptor while trapping is responsible for all costs related to the care and rehabilitation of the raptor by a veterinarian or permitted wildlife rehabilitation center.

11.14.1. A permittee who does not opt to put the injured raptor on his or her permit shall immediately transport the bird to the Division or a licensed rehabilitation center for care. If the permittee does so, the raptor does not count against his or her take or possession limit.

11.15. Any raptor removed from the wild is always considered wild for the purposes of this rule, regardless of how long it has been held in captivity or whether it is transferred to another permit. However, it is considered to be taken from the wild only by the permittee who originally captured it and does not count against the wild take limit of the permittee to whom it is transferred.

W. Va. Code R. § 58-65-11