40 Miss. Code. R. 5-2.1 - REGULATIONS REGARDING FALCONRY

Public Notice W 1923 is hereby amended.

A. In addition to falconry regulations found in Title 50 Code of Federal Regulations Part 21, published October 8, 2008 the following regulations are enacted for falconry in Mississippi:

1. Permits will become valid when issued by the Department and will expire on the fifth June 30th following their issuance unless a different period is specified on the permits or renewals. Permits are renewable. Permits shall not be transferred to other persons. Permits may be revoked or renewals denied for violation of provisions of this regulation. Permit cost will be $100.00.

2. An apprentice falconer shall possess only the following raptors: American kestrel (Falco sparverius), red-tailed hawk (Buteo jamaicensis), or red-shouldered hawk (Buteo lineatus).

3. An apprentice falconer must capture from the wild his or her first raptor and hunt with said bird for one complete hunting season.

4. No falconer may take, purchase, receive, or otherwise acquire, sell, barter, transfer, or otherwise dispose of any raptor unless such permittee submits a Federal Form 3-186A (Migratory Bird Acquisition/Disposition Report), completed in accordance with the instructions on the form, to the Department within 10 calendar days of any such transaction.

5. Nonresident Taking:

a. Before taking or attempting to take a raptor from the wild in Mississippi, a nonresident must have a valid General or Master level falconry permit from his state of residence, a Mississippi nonresident hunting license and a special Mississippi nonresident taking permit.

b. Special Mississippi nonresident taking permits shall be issued only to those nonresidents whose states of residence provide the same privileges to residents of Mississippi.

c. Nonresident falconers will be allowed to take one (l) legal raptor per year in Mississippi.

6. Transport: Holders of Mississippi falconry permits may transport within Mississippi the raptors held under their permits and remove the raptors from Mississippi for meets, trials, and hunting in other states and bring them back again into Mississippi without obtaining Mississippi importation permits; provided, however, that such permission to remove raptors from and return them to Mississippi is invalid if the falconry permittee fails to obtain any permit or license required for his activities by the state into which he takes the raptors.

7. A falconry permittee may not propagate raptors without prior acquisition of a valid raptor propagation permit issued in accordance with appropriate federal and state regulations.

8. Captive Propagation: Raptor propagation and activities associated with it are permitted in accordance with Title 50, Code of Federal Regulations, Part 21.30 . Additionally, a Mississippi propagation permit is required. All permittees shall submit one copy of each federally-required report to the Department at the same time as submitted to federal authorities.

9. A permittee that is a holder of valid federal and state raptor propagation permits may sell, purchase or barter, or offer for sale, purchase or barter, captive-bred raptors marked with seamless bands or ISO compliant microchips to other permittees who are authorized to possess the raptors.

10. An officer of the Department may inspect the falconry permittee's raptors, records, facilities or equipment at any reasonable hour.

B. The Department shall allow the take of Peregrine Falcons in accordance with the U.S. Fish and Wildlife Service document, Final Environmental Assessment Plan on the Take of Migrant Peregrine Falcons from the Wild for Use in Falconry, and Reallocation of Nestling/Fledgling Take, August 2008.

C. Take of peregrine falcons from the wild is limited to the time period specified by Service rules. Take is limited to permittees that have received a peregrine take permit from the Department and the conditions associated with that permit.

Notes

40 Miss. Code. R. 5-2.1

Miss. Code Ann. §§ 49-1-29, 49-4-4, and 49-7-37.