Utah Admin. Code R657-20-1 - Purpose and Authority
(1) Under
authority of Section
23-17-7 and
in accordance with the Migratory Bird Treaty Act in 16 U.S.C. 703-12 (50 CFR 21
10/01/2000), and Bald the Bald and Golden Eagle Protection Act in 16 U.S.C.
668-668d (50 CFR 22), which is incorporated by reference, the Wildlife Board
has established this rule for the practice of falconry in the state of
Utah.
(2) Take and or possession of
any raptor species for the practice of falconry must be in compliance with
these regulations.
(3) Raptor
species possessed under the authority of this rule must be trained in the
pursuit of wild game and used in hunting, unless specifically noted otherwise
in special provisions granted under this rule.
(4) A federal falconry permit is no longer
required for practicing the sport of falconry in the state of Utah.
(5) The Federal Migratory Bird Treaty Act
prohibits any person from taking, possessing, purchasing, bartering, selling,
or offering to purchase, barter, or sell, among other things, raptors listed in
Code of Federal Regulations
50 CFR
10.13, unless the activities are allowed
under provisions of this rule, or are permitted by other applicable state or
Federal regulations.
(a) This rule covers all
avian species in the Order Accipitriformes (i.e., vultures, California Condor,
kites, eagles and hawks), Order Falconiformes (i.e., caracaras, and falcons)
and Order Strigiformes (i.e., owls), and hybrids thereof, and applies to any
person who possesses one (1) or more wild-caught, captive-bred, or hybrid
raptors to use in falconry.
(b) The
Bald and Golden Eagle Protection Act in 16 U.S.C. 668-668d and
54
Stat. 250 provides for the taking of golden eagles from the wild to use in
falconry, and specifies that the only golden eagles that may be used for
falconry are those that would be taken because of depredations on livestock or
wildlife (16
U.S.C. 668a).
(6) Specific season dates, possession limits,
open and closed areas, number of permits or CORs for birds available for take
in a given season, and other administrative matters pertaining to the
practicing of falconry are available online at
http://wildlife.utah.gov.
(7) Possession of any raptor, raptor egg,
shell fragment, semen, or any raptor part without a valid and applicable state
COR or Federal permit is probable cause that the raptor, raptor egg, shell
fragment, semen, or any raptor part was illegally taken and is illegally held
in possession.
(8)
(a) Pursuant to Utah Code Section
23-19-9,
the Division has the authority to suspend or revoke any or all of the
privileges granted under this rule.
(b) A permittee whose falconry COR has been
suspended may reapply for a COR, pursuant to the application procedures in this
rule at the end of the suspension period.
(9) Nothing in this rule shall be construed
as to allow the intentional taking of protected wildlife in violation of
federal or state laws, rules, regulations, or guidebooks.
Notes
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