31 Tex. Admin. Code § 65.263 - General Provisions

(a) No person shall take or possess a raptor in this state unless that person possesses valid state and federal permits (if required) to do so, including a Texas resident or nonresident hunting license, as applicable.

(b) A person who is not a resident of this state may not hold any permit issued under this subchapter other than a nonresident trapping permit.

(c) A person permitted to possess a live raptor under this subchapter shall:

(1) provide all permits, licenses, and documentation required to be maintained by this subchapter and the Parks and Wildlife Code upon the request of a department employee acting within the scope of official duties; and

(2) have in immediate possession all required permits, licenses, and documentation when in possession of a raptor away from the permitted facility where the raptor is kept.

(d) A raptor possessed under a falconry permit may be used for educational display purposes. For the purposes of this section, "direct supervision" means the personal presence of a master or general falconer at all times that an apprentice falconer is engaged in the educational display of a raptor.

(1) A raptor in any given 12-month period shall not be used more frequently or for a greater amount of time for educational display purposes than for falconry purposes.

(2) Educational display of a raptor shall be performed only by a general or master falconer, or an apprentice falconer under the direct supervision of a general or master falconer.

(3) A permittee may impose a fee or charge to present an educational display, but may not charge more than is necessary to recoup the direct expenses incurred in making the presentation.

(4) Educational display presentations shall include accurate information about falconry, wildlife conservation, and the biology, ecological roles, and conservation needs of raptors and other migratory birds.

(5) The photographing, filming, or videotaping of raptors held under a falconry permit is lawful for educational display purposes; however, a permittee:

(A) may not receive cash or anything of value in exchange for allowing a raptor to be photographed, filmed, or videotaped; and

(B) may not use or allow the use of a raptor held under a falconry permit for purpose of entertainment media or advertisements; promotion or endorsement of any products, merchandise, goods, services, meetings, or fairs; or as a representation of any business, company, corporation, or other organization.

(e) A permitted falconer at any time may capture a captive-bred raptor or any raptor wearing falconry equipment. If the raptor belongs to another falconer, it must be returned.

(f) In the event that an apprentice falconer's permittee-sponsor relationship is terminated, the apprentice falconer shall secure a new sponsor within 30 days of the date that the sponsor notifies the department of sponsorship termination.

(g) Raptors possessed under a valid permit may be transported to other states, subject to applicable federal, state, and local laws.

Notes

31 Tex. Admin. Code § 65.263

The provisions of this §65.263 adopted to be effective June 3, 2010, 35 TexReg 4425