31 Tex. Admin. Code § 65.271 - Trapping

(a) No person may take more than two raptors from the wild between July 1 of one year and June 30 of the immediately following year.

(b) No person may remove an egg from a raptor nest in the wild.

(c) Only a general or master falconer may take an eyass. No person shall take more than two eyasses within a calendar year. No person may remove an eyass from a nest if it is the only eyass in the nest.

(d) If a young raptor that is incapable of independent flight is displaced from the nest or nest area as a result of trapping activities, the falconer responsible for the displacement shall place the raptor back in the nest or in an area near the nest where the raptor is not vulnerable to terrestrial predators.

(e) A permittee may obtain a raptor from the wild with the assistance of another person.

(1) If the permittee captures a raptor from the wild or is present when a raptor is captured from the wild on behalf of the permittee, the permittee shall file the report required by § 65.270 of this title (relating to Notification, Reporting, and Recordkeeping Requirements).

(2) If the permittee is not present when a raptor is captured from the wild on behalf of the permittee:

(A) the person who captures the raptor from the wild must:

(i) be a general or master falconer; and

(ii) must file the report required by § 65.270 of this title and then transfer the bird to the permittee as provided by § 65.272 of this title (relating to Transfer, Sale, and Donation); and

(B) the provisions of subsection (a) of this section apply to the person who trapped the raptor, but not to the person on whose behalf the raptor was trapped.

(3) A general or master falconer may capture a raptor from the wild on behalf of a permittee, provided the person who captures the raptor possesses a physician's statement. The person on whose behalf the bird was trapped is required to file the report required by § 65.270 of this title and the requirements of subsection (a) of this section apply to that person.

(f) Trapped birds that are not intended to be or cannot be kept for falconry purposes shall be released to the wild immediately upon discovery, unless the bird is injured in the process of trapping. A raptor injured as a result of trapping activity must be:

(1) transported to a permitted wildlife rehabilitator, veterinarian, or government wildlife agency employee, in which case the person who trapped the bird is liable for all costs that may be imposed for caring for and/or rehabilitating and releasing the raptor; or

(2) reported as a wild-caught raptor and made part of the permittee's legal possession limit under the permittee's falconry permit.

(g) Nonresidents in possession of a valid Nonresident Trapping Permit may take raptors from the wild according to the terms of the permit.

(h) An apprentice falconer may not trap:

(1) an eyass; or

(2) a raptor older than one year of age.

(i) Raptors may be taken year round. A marked raptor may be retrapped at any time.

(j) In Aransas, Brewster, Brooks, Calhoun, Cameron, Culberson, Duval, Ector, El Paso, Hidalgo, Hudspeth, Jackson, Jeff Davis, Kenedy, Kinney, Kleberg, Matagorda, Maverick, Midland, Nueces, Pecos, Presidio, Reeves, Refugio, San Patricio, Starr, Terrell, Val Verde, Victoria, Webb, Willacy, or Zapata counties:

(1) an apprentice falconer must be accompanied by a master or general falconer during all trapping activities; and

(2) all persons must immediately cease trapping activities, including the retrieval of all traps, upon observing a northern aplomado falcon (Falco femoralis) in the vicinity of the trapping effort.

(k) The department may issue permits authorizing the trapping of Arctic peregrine falcons (Falco peregrinus tundrius). Permits shall be issued by a fair and impartial method to permitted falconers only.

(l) A master falconer may take a golden eagle (adult or nestling) under the provisions of this subchapter in a livestock depredation area declared by the federal government or the governor. No person shall take an adult golden eagle from a depredation area unless the department has determined that the eagle is preying on livestock and the notification requirements of § 65.270 of this title have been met.

(m) No eggs may be taken from raptor nests.

(n) No raptor may be taken when over one year old or in adult plumage.

(o) Any raptor other than an endangered species taken under a federal depredation (including a special purpose depredation) permit may be used for falconry by a general or master falconer. Endangered species taken under a depredation permit shall not be released to the wild without prior written department approval of the release site.

Notes

31 Tex. Admin. Code § 65.271

The provisions of this §65.271 adopted to be effective June 3, 2010, 35 TexReg 4425