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 2110 /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.
(2) Take and or possession of any raptor
species for the practice of falconry must be in compliance with these
rules.
(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.
(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 this rule, or are permitted by other applicable state or Federal
regulations.
(a) This rule covers all avian
species in the Order Accipitriformes including vultures, California Condor,
kites, eagles and hawks, Order Falconiformes including caracaras, and falcons
and Order Strigiformes such as owls, and hybrids thereof, and applies to any
person who possesses one 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 Section
23-19-9, the Division has the
authority to suspend or revoke any or all 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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