Any person with a valid falconry permit desiring to take raptors from the wild shall make written application for a general or limited quota raptor capture license from the Department in accordance with the following provisions:
(a) A permittee shall not receive more than two (2) general raptor capture licenses or one (1) general raptor capture license and one (1) limited quota raptor capture license in any calendar year. No person shall receive more than one (1) limited quota raptor capture license in any calendar year.
(b) For a general raptor capture license, an applicant shall submit a separate application and fee for each license applied for. The general raptor license capture area shall be the entire State of Wyoming. In accordance with the conditions contained in this Chapter, any species of raptor, except peregrine falcons (Falco peregrinus), may be taken from the wild under the authority of a general raptor capture license. Golden eagles shall only be taken in accordance with subsection (k)(iii) of this section.
(c) For a limited quota raptor capture license, a completed application and proper fee shall be submitted for limited quota raptor capture licenses for peregrine falcons (Falco peregrinus) to Headquarters not later than March 1 during the calendar year in which the licensee intends to take a peregrine falcon. If the deadline date occurs on a day when Headquarters has been closed to mail delivery or for license sales (weekends, holidays, etc.), applications received on the next business day by 5:00 pm mountain standard time shall be accepted as meeting the application deadline. The Department may issue a maximum of five (5) limited quota raptor capture licenses to capture peregrine falcons annually by drawing. In the drawing, four (4) licenses shall be reserved for residents and one (1) license shall be reserved for a nonresident. To establish the number of leftover licenses, the Department may continue to alternately draw from the list of unsuccessful applicants of each the resident and nonresident drawing against the established quota, until there are no unissued licenses for which there are applications. In the event there are more limited quota licenses available than applications received, the licenses shall be issued on a first come, first served basis beginning March 15 at 8:00am. The capture area shall be the entire state of Wyoming, except the lands within the Middle Fork of the Popo Agie River, Baldwin Creek or Sawmill Creek drainages in Fremont County are closed.
(d) Any wild raptor captured in the field shall be counted as one of the raptors the permittee is allowed to take from the wild that calendar year, unless the raptor is immediately released at the capture site.
(e) A permittee may not intentionally capture a raptor species that their classification as a falconer does not allow them to possess for falconry. If a permittee captures a raptor they are not allowed to possess, it shall be released immediately.
(f) A Master Falconer authorized by the Department shall take no more than two (2) golden eagles in any year from the wild and only in a livestock or wildlife depredation area during the time the depredation area is in effect. A livestock depredation area is declared by U.S.D.A. Wildlife Services and permitted under 50 CFR 22.23, revised as of October 1, 2012, and which does not include any later amendments or editions of the incorporated matter; or upon the request of the governor and authorized by the Service Director pursuant to 50 CFR 22.31, revised as of October 1, 2012, and which does not include any later amendments or editions of the incorporated matter, and 50 CFR 22.32, revised as of October 1, 2012, and which does not include any later amendments or editions of the incorporated matter. A copy of 50 CFR Part 22.23, 50 CFR Part 22.31 and 50 CFR Part 22.32 can be viewed at any Department Regional Office or the Headquarters Office.
(g) All traps used for capturing raptors for falconry purposes shall be legibly marked or tagged with the permittee's name and address or current raptor capture license number. All raptor capture devices and setups shall be checked at least once per day while in use, except that all devices and setups used for capturing golden eagles shall be checked every thirty (30) minutes while in use.
(h) A permittee may take no more than two (2) raptors from the wild in any calendar year to use in falconry. - (i) If a permittee transfers a raptor taken from the wild to another permittee in the same year in which he captured it, the raptor shall count as one of the raptors the permittee is allowed to take from the wild that year; it will not count as a capture by the recipient.
(i) General or Master Falconers may remove eyas raptors from a nest or aerie.
(j) At the first opportunity to do so, but no later than ten (10) days after the capture of a wild raptor, the permittee shall report the capture by entering the required information, including band number or microchip information, in the electronic database at http://permits.fws.gov/186A or by submitting Service Form 3-186A to the Department. The permittee shall include the legal description to include 1/4 Sec; Sec; Twn.; Rng. or UTM coordinates using map datum NAD 83; of the nest site or location of capture.
(k) Other restrictions on taking raptors from the wild for falconry. - (i) An Apprentice Falconer may take any raptor less than one (1) year old from the wild at any time of the year, except eyas raptors and the following: any species listed as a national Species of Conservation Concern in the most recent list of "Birds of Conservation Concern" from the Service, a bald eagle, a white-tailed eagle, a Steller's sea-eagle, a golden eagle, or a federally listed threatened or endangered species. However, American kestrels and great horned owls may be taken from the wild that are over one (1) year of age.
- (ii) General or Master Falconers may only take raptors less than one (1) year of age from the wild, at any time of the year, except American kestrels and great horned owls of any age may be taken from the wild.
- (iii) Master Falconers authorized to possess golden eagles for use in falconry may capture an immature or subadult golden eagle in a livestock depredation area during the time the depredation area and associated depredation permit or depredation control order are in effect.
- (A) A permittee may take an eyas golden eagle from its nest in a livestock depredation area if a biologist representing the agency responsible for declaring the depredation area has determined that the adult golden eagle is preying on livestock.
- (B) A permittee may take a nesting adult golden eagle only if a biologist representing the agency responsible for declaring the depredation area has determined that the adult golden eagle is preying on livestock and that any eyas of the adult will be taken by a falconer authorized to possess it or by the biologist and transferred to an individual authorized to possess it.
- (C) A permittee shall determine the locations of the livestock depredation areas declared by U.S.D.A. Wildlife Services, or published in the Federal Register by the Service in response to the governor's request.
- (D) Before a permittee begins any eagle trapping activities, he shall inform the Regional U.S. Fish and Wildlife Service Law Enforcement office responsible for the area of the permittee's capture plans. The permittee shall notify the office in person, in writing, or via facsimile or email at least three (3) business days before the permittee begins trapping.
- (E) A government employee who has trapped a golden eagle under federal, state, or tribal permit authority may transfer the bird to a permittee authorized to possess golden eagles for use in falconry.
- (F) All devices and setups used for capturing golden eagles shall be checked every thirty (30) minutes while in use.
- (iv) The permittee may recapture a lost raptor at any time. Recapture of a wild raptor is not considered to be taking a raptor from the wild.
- (v) The permittee may capture a lost raptor wearing falconry equipment or a captive-bred raptor at any time, even if he is not allowed to possess the species. The raptor will not count against his possession limit, nor will the take from the wild count against his limit. The permittee must report the recapture of the raptor to the Department no more than five (5) working days after the capture. The raptor must be returned to the person who lost it, if that person may legally possess it. Disposition of a raptor whose legal ownership cannot be determined will be at the discretion of the Department.
- (vi) A permittee may take any raptor that he is authorized to possess from the wild, even if the raptor is banded with a federal Bird Banding Laboratory aluminum band, except that banded peregrine falcons shall not be taken from the wild.
- (A) If a captured raptor, including a peregrine falcon, is marked with a seamless metal band, a transmitter, or any other item identifying it as a falconry raptor, the raptor shall be reported to the Department no more than five (5) business days after the capture. A recaptured falconry raptor shall be returned to the permittee who lost it. If the permittee does not desire to possess the raptor, the permittee capturing the raptor may keep the raptor. Otherwise, disposition of a raptor whose legal ownership cannot be determined shall be at the discretion of the Department. While a permittee keeps a raptor for return to the person who lost the raptor, the raptor shall not count against his possession limit or his limit on take of raptors from the wild if he reported possessing the raptor to the Department.
- (B) If a permittee captures a peregrine falcon that has a research band, such as a colored band with alphanumeric codes, or a research marking attached to the peregrine falcon, the peregrine falcon shall be immediately released, except that if the peregrine falcon has a transmitter attached to it, the permittee is authorized to possess the peregrine falcon up to thirty (30) days if he wishes to contact the researcher to determine if the researcher wishes to replace the transmitter or its batteries. If the researcher wishes to do so, or to have the transmitter removed, the researcher or his designee can make the change or allow the permittee to do so before releasing it. If the researcher does not wish to keep the transmitter on the falcon, the permittee may keep the falcon if he captured the falcon in circumstances in which capture of wild peregrines is allowed.
- (C) If a captured raptor has any other band, research marking, or transmitter attached to it, the permittee shall promptly report the band numbers and all other relevant information to the federal Bird Banding Laboratory at1-800-327 -2263. The permittee shall contact the researcher and determine if he wishes to replace a transmitter attached to the raptor. If so, the permittee is authorized to possess the raptor up to thirty (30) days until the researcher, his designee, or the permittee can replace the transmitter. Disposition of the raptor will be at the discretion of the researcher and the Department. If the permittee possesses such a raptor temporarily, it will not count against his possession limit for falconry raptors.
- (vii) At least one (1) young raptor shall be left in any nest or aerie from which a permittee takes an eyas raptor.
- (viii) General or Master Falconers may take no more than one (1) raptor of a threatened species from the wild each year if the regulations in 50 CFR 21.29, revised as of October 1, 2012, and which does not include any later amendments or editions of the incorporated matter; allows it and if the falconer obtains a federal endangered species permit to do so before taking the raptor. A copy of 50 CFR Part 21.29 can be viewed at any Department Regional Office or the Headquarters Office.
(l) A permittee shall not take a raptor recently removed from the federal List of Endangered and Threatened Wildlife to use in falconry unless a management plan allowing for take of that species has been published. If take is allowed in the management plan, a permittee may do so in accordance with the provisions for take in the plan.
(m) Raptors injured due to falconer trapping efforts. Permittees have two (2) options for dealing with a raptor injured by their trapping efforts. In either case, the permittee is responsible for the costs of care and rehabilitation of the raptor. - (i) A permittee may put the raptor on his falconry permit. He shall report the take by entering the required information in the electronic database at http://permits.fws.gov/186A or by submitting Service Form 3-186A to the Department at the first opportunity to do so, but no more than ten (10) days after capture of the raptor. The permittee shall then have it treated by a veterinarian or a permitted wildlife rehabilitator. The raptor shall count against the permittee's possession limit.
- (ii) A permittee may give the raptor directly to a veterinarian or a permitted Wyoming wildlife rehabilitator and report it to the Department within ten (10) business days. If reported properly, the raptor shall not count against capture or possession limits.
(n) If a permittee is present at a capture site, another permittee may capture the raptor for him and immediately give possession of the raptor to him The permittee taking possession of the raptor shall be required to file Service Form 3-186A and shall have the raptor count against their own possession limit.
040-25 Wyo. Code R. § 25-7