Title of Regulation: 4VAC15-250. Game: Falconry (amending 4VAC15-250-10, 4VAC15-250-20, 4VAC15-250-60, 4VAC15-250-80, 4VAC15-250-110; repealing 4VAC15-250-30, 4VAC15-250-40, 4VAC15-250-50, 4VAC15-250-70, 4VAC15-250-100).

Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.

Public Hearing Information:

October 5, 2010 - 9 a.m. - Department of Game and Inland Fisheries, 4000 West Broad Street, Richmond, VA

Public Comment Deadline: September 16, 2010.

Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 4016 West Broad Street, Richmond, VA 23230, telephone (804) 367-8341, or email phil.smith@dgif.virginia.gov.

Summary:

The proposed amendments update Virginia's falconry regulations to improve consistency with new federal falconry regulations and to provide expanded opportunities to take falcons from the wild.

4VAC15-250-10. Definitions Falconry; adoption of federal standards, regulations, and definitions.

As used in this chapter:

1. "Raptor" means any live migratory bird of the order Falconiformes or the order Strigiformes, other than a bald eagle (Haliacetus leucocephalus).

2. "Permittee" means any holder of a valid falconry permit issued by Virginia or any other state or federal agency authorized to issue such permits or licenses.

3. "Take" means to trap, capture or attempt to trap or capture a raptor for the purposes of falconry.

The board hereby adopts the federal definitions, regulations, and standards pertaining to falconry as contained in 50 CFR 21.3 (definitions; effective July 8, 1983, and as amended June 17, 1999; August 10, 2006; February 28, 2007; August 20, 2007; October 8, 2008; and January 7, 2010) and 50 CFR 21.29 (falconry standards and falconry permitting; effective October 8, 2008, and as amended December 8, 2009; January 7, 2010; and January 21, 2010). Pursuant to § 29.1-103.12 of the Code of Virginia, the director of the department is hereby delegated authority to propose adoption of modifications and amendments to these federal definitions, regulations, and standards in accordance with the procedures of §§ 29.1-501 and 29.1-502 of the Code of Virginia.

4VAC15-250-20. Permit conditions.

A. An applicant for a permit to practice falconry pursuant to § 29.1-419 of the Code of Virginia shall submit to the department a completed application form, provided by the department and approved by the United States Fish and Wildlife Service, including all required information indicated on such form.

B. A permit shall not be issued before applicant has answered correctly at least 80% of the questions on a supervised examination provided by the department and approved by the United States Fish and Wildlife Service.

C. A permit shall not be issued or renewed unless applicant has adequate facilities and equipment, which shall have been inspected and certified by a representative of the department as meeting federal standards set forth in 50 CFR 21.21 et seq. 21.29.

D. A person who is a nonresident of the Commonwealth may engage in falconry in Virginia provided he possesses a valid Virginia nonresident hunting license and satisfactory evidence that such person legally possesses the raptor and a valid falconry permit issued by the his state, tribe, or territory of residence. Such practitioners must nonetheless comply with all applicable hunting and falconry regulations and conditions of Virginia's Falconry Permit.

4VAC15-250-30. Classes of permits. (Repealed.)

A. Apprentice class.

1. Permittee shall be at least 14 years old.

2. A sponsor who is a holder of a general or master falconry permit is required for the first two years in which an apprentice permit is held, regardless of the age of the permittee. A sponsor may not have more than three apprentices at any one time.

3. Permittee shall not possess more than one raptor and may not obtain more than one raptor for replacement during any 12-month period.

4. Permittee shall possess only the following raptors, which must be taken from the wild: an American Kestrel; a red-tailed hawk; or a red-shouldered hawk.

B. General class.

1. Permittee shall be at least 18 years old.

2. Permittee shall have at least two years experience in the practice of falconry at the apprentice level or its equivalent.

3. Permittee may not possess more than two raptors and may not obtain more than two raptors for replacement birds during any 12-month period.

4. Permittee may not take, transport, or possess any golden eagle or any species listed as threatened or endangered in federal regulations published pursuant to the Endangered Species Act of 1973, as amended. Permittee may not take, transport, or possess any species listed as threatened or endangered under 4VAC15-20-130 unless authorized via a falconry permit issued by the department.

C. Master class.

1. Permittee shall have at least five years experience in the practice of falconry at the general class level or its equivalent.

2. Permittee may not possess more than three raptors and may not obtain more than two raptors taken from the wild for replacement birds during any 12-month period.

3. Permittee may not take, transport or possess any golden eagle for falconry purposes, nor any species listed as threatened or endangered in federal regulations published pursuant to the Endangered Species Act of 1973, as amended, unless authorized in writing by the department and the United States Fish and Wildlife Service. Permittee may not take, transport or possess any species listed as threatened or endangered under 4VAC15-20-130 unless authorized via a falconry permit issued by the department.

4VAC15-250-40. Transportation and temporary holding. (Repealed.)

A raptor may be transported or held in temporary facilities which shall be provided with an adequate perch and protected from extreme temperatures and excessive disturbance, for a period not to exceed 30 days.

4VAC15-250-50. Marking. (Repealed.)

A. All peregrine falcons (Falco peregrinus), gyr falcons (Falco resticolus), and Harris hawks (Parabuteo unicunctus), except a captive bred raptor lawfully marked by a numbered, seamless band issued by the U.S. Fish and Wildlife Service, must be banded with a permanent, nonreusable, numbered band supplied by the U.S. Fish and Wildlife Service.

B. It shall be unlawful for any person to alter, counterfeit or deface a raptor marker furnished by the United States Fish and Wildlife Service, except that falconry permittees may remove the rear tab on markers furnished, and may smooth any imperfect surface provided the integrity of the marker and numbering are not affected.

C. A permittee may replace the numbered seamless band on a captive bred bird with a standard adjustable yellow marker furnished by the Fish and Wildlife Service; however, once the seamless marker is removed, the bird may no longer be purchased, sold, or bartered.

4VAC15-250-60. Taking of raptors by nonresidents.

A. Young birds not yet capable of flight (eyases) may be taken only by a general or master falconer, and not more than two such birds may be taken by the same permittee during any one calendar year. The open season for taking such birds is May 1 through June 30 of each year only.

B. In addition, there shall be an open season for taking first-year passage birds, also called passengers (hawks caught wild before first moult), from September 15 through January 11 of each year only; except, that marked raptors may be retrapped at any time.

C. Only American Kestrels and great-horned owls may be taken under a falconry permit when over one year old, except that any raptor other than an endangered or threatened species taken under a depredation (or special purpose) permit may be used for falconry by general and master falconers.

D. A nonresident raptor trapping permit may be issued to applicants a nonresident general or master falconer for the purpose of taking a raptor in Virginia, provided that his resident state is a state listed in Paragraph (k), of 50 CFR 21.29, as a participating state, and his resident state, tribe, or territory issues nonresident falconry permits or licenses, or otherwise provides for the taking of raptors by nonresidents. Nonresident applicants A nonresident applicant shall submit a copy of a his valid resident state falconry permit and a copy of a his valid import permit from their his resident state, tribe, or territory. Nonresident permits shall be issued only in the general or master class.

E. A permittee may purchase, sell, or barter any lawfully possessed raptor which was bred in captivity under authority of a raptor propagation permit issued under Part 21.30, Chapter I of Title 50, CFR, and banded with a numbered seamless marker issued or authorized by the Fish and Wildlife Service.

4VAC15-250-70. Possession of raptors. (Repealed.)

A. A person who possesses a lawfully acquired raptor before the enactment of this chapter and who fails to meet the permit requirements shall be allowed to retain the raptors. All such birds shall be identified with markers supplied by the United States Fish and Wildlife Service and cannot be replaced if death, loss, release, or escape occurs.

B. A person who possesses raptors before the enactment of this chapter, in excess of the number allowed under his class permit, shall be allowed to retain the extra raptors. All such birds shall be identified with markers supplied by the United States Fish and Wildlife Service and no replacement can occur, nor may an additional raptor be obtained, until the number in possession is at least one less than the total number authorized by the class of permit held by the permittee.

C. A falconry permit holder shall obtain written authorization from the department before any species not indigenous to Virginia is intentionally released to the wild, at which time the marker from the released bird shall be removed and surrendered to the department. The marker from an intentionally released bird which is indigenous shall also be removed and surrendered to the department. A standard federal bird band shall be attached to such birds by a state or United States Fish and Wildlife Service authorized federal bird bander whenever possible.

D. A raptor possessed under authority of a falconry permit may be temporarily held by a person other than the permittee for maintenance and care for a period not to exceed 30 days. The raptor must be accompanied at all times by a properly executed U.S. Fish and Wildlife Service authorization (currently USFWS form 3-186A) designating the person caring for the raptor as the possessor of record and by a signed, dated statement from the permittee authorizing temporary possession.

E. Feathers that are molted or those feathers from birds held in captivity that die, may be retained and exchanged by permittees only for imping purposes.

4VAC15-250-80. Season for raptor hunting with raptors.

It shall be lawful to hunt nonmigratory game birds and game animals with raptors from October 1 through March 31, both dates inclusive.

4VAC15-250-100. Out of season, wrong species or sex, kills by raptors. (Repealed.)

A permittee whose raptor accidentally kills quarry that is out of season or of the wrong species or sex, or otherwise protected, must leave the dead quarry where it lies; except, that the raptor may feed upon the quarry prior to leaving the site of the kill.

4VAC15-250-110. Reports by permit holders; inspections Inspections.

No permittee may take, purchase, receive, or otherwise acquire, sell, barter, transfer, or otherwise dispose of any raptor unless such permittee submits a properly executed U.S. Fish and Wildlife Service authorization (currently USFWS form 3-186A) to the issuing office within five calendar days of any transaction. Falcons, hawks and owls held under permit Falconry facilities, equipment, and raptors shall be open to inspection by representatives of the department at all times.