W. Va. Code R. § 58-65-3 - Permit Requirements

Current through Register Vol. XXXVIII, No. 51, December 23, 2021

3.1. A West Virginia falconry permit is required before any resident may take, possess, transport, sell, purchase, barter, or offer to sell, purchase, or barter raptors for falconry purposes.

3.2. Applicants shall complete and submit an application on forms provided by the Division.

3.3. Permits are valid from January 1 to December 31 of each year. Permits are renewablebut may not be transferred to another person. The Director may deny or revoke permits for cause or for violation of any of the provisions of the permit or this rule.

3.4. Requirements for obtaining a West Virginia Falconry permit.

3.4.1. The applicant must secure a sponsor in accordance withsection 5 of this rule.

3.4.2. The applicant must pass the West Virginia falconry examination in accordancesection 6 of this rule.

3.4.3. The applicant's raptor housing facilities and equipment shall be inspected and certified as meeting the standards established in section 7 of this rule by a representative of the Wildlife Resources Section of the Division.

3.5. Permit fees.

3.5.1. An applicant who applies for a permit and does not possess a valid permit issued by the Division in one of the three classes set forth in section 5 of this rule shall pay an initial applicationpermit fee of $250 for any class permit.

3.5.2. The annual renewal fee for any class permit is $100. Lapse in renewal of more than 30 days subjects the applicant to the same $250 fee as an initial applicant.

3.5.3. An applicant possessing a valid permit issued by the Division in any of the classes set forth in section 5 of this rule and who applies for a permit in an additional class shall pay the $100 renewal fee only.

3.6. A West Virginia falconry permit that lapses for fewer than five years may be reinstated in the class last held by the permittee only if the permittee provides proof of previous licensure in that class and pays the initial applicationpermit fee.

3.7. A West Virginia falconry permit lapsed for five years or longer shall not be reinstated.

3.8. A permittee must carry a copy of his or her permit while engaging in any falconry activity.

3.9. Nonresidents.

3.9.1. A falconer who holds a valid falconry permit from another state andmoves permanently to West Virginia shall notify the Division and the falconry regulatory agency of their former state within30 days of the permanent move to West Virginia. He or she must obtain a West Virginia falconry permit within 90 days of the permanent move to West Virginia.

3.9.2. A falconer moving to West Virginia from another state may continue to practice falconry under a valid falconry permit issued by his or her former state until a West Virginia falconry permit is obtained.

3.9.3. A falconer holding a valid permit from another state who moves to West Virginia may request a waiver of the falconry examination permit requirement by providing documentation ofsuccessful completion of a similar examination in his or her home state.The applicant remains subject to the equipment and facilities inspection by the Division and must meet the requirements established in section 7 of this rule.

3.9.4. A non-resident falconer shall carry on his or her person, a valid falconry permit from his or her home state and a valid West Virginia nonresident hunting license in lieu of an importation permit to practice falconry in West Virginia.

Notes

W. Va. Code R. § 58-65-3