Current through Register Vol. XLI, No. 36, September 6, 2024
Section 58-65-5 - Classes of Permits5.1. Apprentice Class. 5.1.1. An applicant for an apprentice class permit must be at least 12 years old. 5.1.2. If the applicant is under 18 years of age, a parent or legal guardian must sign the application and is legally responsible for the applicant's activities.5.1.3. An applicant must have a sponsor who meets the requirements of subsection 5.1.3.a for the first two years in which an apprentice permit is held, regardless of the age of the permittee. 5.1.3.a. A sponsor must be at least 18 years of age, hold a valid West Virginia General or Master Falconry Permit, or a valid General or Master Falconry Permit from another state meeting Federal falconry standards and have no less than two years of experience at the General Falconer level. A sponsor may not have more than three apprentices at any one time.5.1.3.b. The applicant shall submit an application signed by the sponsor affirming he or she will instruct the applicant in proper husbandry, training, and hunting of raptors held for falconry.5.1.4. A permittee may not possess more than one raptor and may not obtain more than one raptor for replacement during any 12-month period.5.1.5. A permittee may possess only an American kestrel (Falco sparverius) or a red-tailed hawk (Buteo jamaicensis), which must be taken from the wild by the applicant or in the applicant's immediate presence.5.1.6. A permittee may not possess an eyas or imprint.5.2. General Class. 5.2.1. An applicant for a permit must be at least 16 years old.5.2.2. If the applicant is under 18 years of age, a parent or legal guardian must sign the application and is legally responsible for the applicant's activities.5.2.3. An applicant shall have at least two years of experience at the Apprentice Falconer level. 5.2.3.a. An applicant may not substitute any falconry school program or education for the required two-year apprenticeship period.5.2.4. An applicant shall submit a signed letter from the applicant's sponsor stating the applicant has practiced falconry at the apprentice level for no less than two years and has maintained, trained, flown, and hunted with raptors for an average of six months and a minimum of four months each year. 5.2.5. A permittee may not possess more than two raptors and may not obtain more than two raptors for replacement birds during any 12-month period.5.2.6. A permittee may not take, transport, or possess any species of eagle or any species listed as threatened or endangered in accordance with Endangered and threatened wildlife, 50 C.F.R § 17.11.5.2.7. A permittee may possess and use captive-bred, imprinted, eyas, and hybridized raptors for falconry.5.3. Master Class. 5.3.1. An applicant for a permit must have at least five years of experience in the practice of falconry at the General Falconer level. 5.3.2. A permittee may not possess more than five wild raptors and may not obtain more than two raptors for replacement birds during any 12-month period.5.3.3. A permittee may possess up to five additional captive-bred raptors that must be trained in the pursuit of wild game and used for hunting.5.3.4. A permittee may possess and use captive-bred, imprinted, eyas and hybrid raptors for falconry.5.3.5. A permittee may possess any species of Falconi form, Accipitriform, or Strigiform except a bald eagle. 5.3.5.a. If the permittee meets the qualifications and requirements for eagle possession established in section 12 of this rule, a permittee may possess up to two eagles of the following species which will count against the possession limit of the permittee: golden eagles (Aquila chrysaetos), white-tailed eagles(Haliaeetus albicilla), or Steller's sea-eagles(Haliaeetus pelagicus).5.3.5.b. A permittee who holds a valid federal Endangered Species permit may take from the wild one bird per year of a species that is listed as threatened in accordance with Endangered and Threatened Wildlife and Plants, 50 C.F.R § 17.11. The permittee shall abide by all qualifications and restrictions of the state or territory in which the threatened bird is to be taken.5.3.5.c. A permittee may possess a captive-bred raptor of a species that is listed as threatened or endangered under Endangered and threatened wildlife, 50 C.F.R. § 17.11.