Current through Register Vol. XLI, No. 36, September 6, 2024
Section 58-65-7 - Facilities and Equipment7.1 The primary consideration for raptor housing facilities, whether indoor (mews or residence provision) or outdoor (weathering area), is protection from the environment, predators, domestic animals, and undue disturbance. The applicant shall have the following facilities, except that depending on climatic conditions or specific considerations for the species of raptor being housed, only one facility shall be necessary provided that one facility fulfills the housing requirements established in this section. 7.1.1. Indoor facilities (mews). 7.1.1.a. Indoor facilities shall be large enough to allow easy access through a secure door for the care and feeding of the raptors kept in the facility.7.1.1.b. More than one raptor may be kept untethered in the facility provided they are compatible and will not cause injury or harm to one another.7.1.1.c. Each raptor housed in the facility shall have an area large enough to allow it to fly or, if tethered, fully extend its wings and bate (attempt to fly while tethered) without damaging its feathers or contacting other raptors.7.1.1.d. The facility shall have at least one opening for sunlight protected on the inside by materials suitable to prevent injury to the raptor during any attempt to exit through the opening. Any walls that are not solid shall be similarly protected.7.1.1.e. Each raptor housed in the facility shall have access to an adequate perch and a bath container of clean water.7.1.1.f. The floor of the facility shall permit easy cleaning and shall be well drained.7.1.1.g. Raptors may be kept in a residence provided that the residence meets or exceeds the provisions in this subsection, except that all raptors housed in this manner must be tethered and windows or other openings do not have to be covered.7.1.2. Outdoor facilities (weathering area). 7.1.2.a. Outdoor facilities shall be surrounded by a fence or fully enclosed by a material suitable to protect the birds from disturbance or attack by predators, except that perches more than six and one-half feet high need not be fenced or enclosed.7.1.2.b. The facility shall be large enough to ensure the birds cannot strike the enclosure when flying from the perch.7.1.2.c. Raptors housed in the facility shall have access to a suitable perch, sufficiently covered, in whole or in part, to protect the raptor from excessive sun, wind, and inclement weather in addition to a bath container of clean water.7.1.2.d. A raptor may be perched unenclosed and uncovered on a perch of any height, if under the direct supervision of the permittee or an individual designated by the permittee.7.1.3. The Division may permit, at its discretion, new innovative types of facilities, either indoor or outdoor, as they become known to the art provided those facilities fulfill the housing requirements established in this section.7.2. All applicants must possess the following equipment before a permit will be issued: 7.2.1. At least one pair of Alymeri jesses, or jesses of similar type, constructed of pliable, high quality leather or suitable synthetic material to be used when any raptor is flown free. Traditional one-piece jesses may be used on raptors when they are not being flown;7.2.2. At least one flexible, weather resistant leash and one strong swivel of an accepted falconry design;7.2.3. A reliable scale or balance suitable for weighing raptors graduated to at least one-half ounce (15 gram) increments;7.2.4. One suitable bath container, two to six inches deep and wider than the length of the raptor, for each raptor;7.2.5. At least one weathering area perch of an acceptable design for each raptor.7.3. All permittees shall maintain all facilities and equipment to meet or exceed the standards described in this rule at all times.7.4. A permittee shall notify the Division in writing of any change in location or substantial modification of the facility within five business days.7.5. Falconry facilities do not need to be constructed at the permittee's residence or in its immediate proximity, provided that the permittee has convenient daily access to adequately care for and maintain the raptors housed in the facility. The owner of the property shall provide the Division with a signed and dated statement authorizing the Division to inspect the facilities.7.6. The Division may inspect falconry birds, facilities, equipment, and records, without advance notice, during regular business hours, but only in the presence of the permittee.7.7. Transportation and Temporary Holding. 7.7.1. A raptor possessed under authority of a West Virginia falconry permit may be temporarily held by a person other than the permittee, if the raptor is accompanied at all times by the properly completed Federal Fish and Wildlife Permit Application form 3-186A (Migratory Bird Acquisition/Disposition Report) designating the permittee as the possessor of record and by a signed, dated statement from the permittee authorizing the temporary possession. The statement must describe the term of the temporary care and, if applicable, the activities for which the temporary holder may use the raptor. 7.7.1.a. A temporary caregiver authorized to possess raptors may provide care for up to 120 consecutive days. The raptors may be held at either the permittee's facilities or those of the temporary caregiver. The raptors will not count against the possession limit of the temporary caregiver. The temporary caregiver may use the birds for falconry or other activities if specifically authorized to do so in writing by the permittee and the temporary caregiver holds an appropriate level falconry permit.7.7.1.b. A temporary caregiver not authorized to possess raptors may provide care for up to 45 consecutive days only at the facilities of the permittee and may not fly the birds for any reason.7.7.1.c. The authorized term for temporary holding may be extended, at the discretion of the Division, due to extenuating circumstances including, but not limited to, illness, military service or family emergency. 7.7.2. Raptors may be held in a temporary facility for up to120 consecutive days if the temporary facility is equipped with a suitable perch and is protected from predators, domestic animals, extreme temperature or weather conditions and excessive disturbance.7.7.3. A permittee must obtain any necessary permits or licenses from the destination state before raptors legally held under a valid West Virginia falconry permit may be transported to other states for meets, trials or hunting.