Arkansas Administrative Code › Agency 002 - Game and Fish Commission › Division 01 - Legal Division › Rule 002.01.22-107 - F1.07 Falconry Permit Requirements

Current through Register Vol. 49, No. 6, June, 2024
Code Book
The regulations in this Code Book are hereby adopted by
				the Arkansas State Game and Fish Commission under authority of Amendment 35 to
				the Constitution of the State of Arkansas. All laws, rules, regulations, or
				orders in conflict with the regulations in this Code Book are hereby repealed
				by the Arkansas State Game and Fish Commission.
F1.07
Falconry Permit
			 Requirements
A. Permits or legible
			 copies of them must be in a falconer's immediate possession when trapping,
			 transporting, working with or flying falconry raptors, both in and outside of
			 Arkansas, except when the falconer is at the location of his/her falconry
			 facilities.
B. Permits issued by
			 the Commission will be at a level commensurate with the falconer's ability and
			 experience as follows:
1. Apprentice Class
			 Eligibility, and Application Conditions and Requirements:
i. An Apprentice falconer applicant must be
			 at least 14 years of age. If the apprentice is under 18 years of age, a parent
			 or legal guardian must sign his/her application and be legally responsible for
			 his/her activities.
ii. An
			 Apprentice Class falconer applicant must have a letter from a Master or General
			 Falconer who is at least 18 years old and has at least two years' experience at
			 the General Falconer level and a state falconry permit stating that he or she
			 will sponsor the applicant and serve as his/her mentor.
iii. An Apprentice applicant will not be
			 issued a permit until the applicant has demonstrated satisfactory compliance
			 with the following requirements:
a. Must pass
			 a written falconry examination administered by the Commission with a score of
			 at least 80 percent.
b. Must
			 possess an Arkansas hunting license.
c. Must have their falconry facilities and
			 equipment pass inspection by an employee of AGFC.
iv. Apprentice falconers may possess no more
			 than 1 raptor for use in falconry.
v. Apprentice falconers may possess a
			 wild-caught raptor of the following species: Red-tailed hawk, American kestrel,
			 Red-shouldered hawk, Great horned owl, or Harris's hawk.
vi. Apprentice falconers are required to
			 capture the hawk themselves; the raptor may not be transferred to them by
			 another falconer.
vii. Apprentice
			 falconers may not possess a raptor taken from the wild as a nestling and may
			 not possess a bird that is imprinted on humans.
2. General Class Eligibility, and Application
			 Conditions and Requirements:
i. General Class
			 falconers must be at least 16 years of age. General Class falconers that are 16
			 or 17 years of age must have a parent or legal guardian sign their falconry
			 application and be legally responsible for their activities.
ii. Apprentice Class falconers can move to
			 General Class by submitting a document from a General Falconer or Master
			 Falconer (preferably his/her sponsor) to the AGFC Falconry Program Coordinator
			 stating that the apprentice has practiced falconry with wild raptor(s) at the
			 Apprentice Falconry level or equivalent for at least two years, including
			 maintaining, training capture, release and flying and hunting the raptor(s) for
			 at least four months each year. The letter must state the number of months and
			 days that the Apprentice falconers possessed a falconry raptor.
iii. Apprentice class falconers may not
			 substitute any falconry school program or education to shorten the period of
			 two years at the Apprentice Level.
iv. General Class falconers may take and
			 possess any species of Falcon iform or Strigi form except a golden eagle, a
			 bald eagle a white-tailed eagle or a Steller's sea eagle. General falconers may
			 possess captive bred individuals and hybrids of the species that General Class
			 falconers are allowed to possess.
v. General Class falconers may possess no
			 more than 3 raptors.
3.
			 Master Class Eligibility, and Application Conditions and Requirements: Master
			 Class falconers must have practiced falconry with their own raptors(s) at the
			 General Falconer level for at least 5 years.
i. General Class falconers can move to Master
			 Class by submitting a document in writing to AGFC's Falconry Coordinator
			 requesting to be moved to Master Class status. The request must include the
			 species and number of months and years that the General Class falconer
			 possessed each raptor during his/her General Class period.
ii. Master Class Falconers may take and
			 possess any species of Falconiform or Strigiform except a bald eagle. Master
			 Class falconers may take and possess a golden, eagle, a white-tailed eagle or a
			 Steller's sea eagle only if he/she possesses a Falconry Eagle Permit. Master
			 Class falconers may use captive bred individuals and hybrids of the species
			 Master falconers are allowed to possess.
iii. Master Class falconers may possess no
			 more than five wild raptors (including golden eagles if the Master Class
			 falconer has a Falconry Eagle Permit).
iv. Master Class falconers may possess any
			 number of captive bred raptors, however, the falconer must train them in the
			 pursuit of wild game and use them in hunting.
4. Falconry Eagle Permit Eligibility, and
			 Application Conditions and Requirements.
i.
			 Master Class falconers may take and possess golden, eagles, white-tailed eagles
			 or a Steller's sea eagles when issued an Arkansas Falconry Eagle Permit. Master
			 Class falconers will be issued an Arkansas Eagle Falconry Permit when the
			 Master Class falconer has demonstrated satisfactory compliance with the
			 following requirements.
a. A list of
			 qualifications and experience in handling large raptors, including information
			 about the species the applicant has handled and the type and duration of the
			 activity in which the applicant gained the experience submitted in writing to
			 the Commission's Falconry Coordinator.
b. At least two letters of reference from
			 people with experience handling and/ or flying large raptors such as eagles,
			 ferruginous hawks, goshawks, or great horned owls. Each must contain a concise
			 history of the author's experience with large raptors, which can include but is
			 not limited to the handling of raptors held by zoos, rehabilitating large
			 raptors, or scientific studies of involving large raptors. Each letter must
			 also assess the applicant's ability to care for eagles and fly them in falconry
			 and must be submitted to the Commission's Falconry Coordinator.
ii. A golden eagle, white-tailed
			 sea eagle, or Steller's sea eagle possessed by a Master falconer with a
			 Falconry Eagle permit will count as one of the raptors in that falconer's total
			 wild bird possession limit as a master falconer.
iii. Master Class falconers with a Falconry
			 Eagle Permit may take one or two golden eagles from the wild according to both
			 federal regulations and the regulations of the state in which the eagle is
			 taken.
iv. Master Class falconers
			 with an Eagle Permit may take, transport or possess up to three eagles
			 including golden eagles, white-tailed eagles and/or Steller's sea eagles. Each
			 eagle a Master falconer possesses counts as a bird included under the Master
			 falconer's wild bird possession limit. Master falconers in possession of
			 eagle(s) must follow all federal regulations and guidelines pertaining to
			 eagles.
5. Eligibility
			 Requirements to obtain falconry permit for individuals with falconry experience
			 who are new residents in the United States.
i.
			 Applicant must pass a written falconry examination administered by the
			 Commission with a score of at least 80 percent and must provide written
			 documentation of falconry experience including species of raptors flown and
			 game taken and must have their falconry facilities and equipment pass
			 inspection by an employee of AGFC.
ii. The Arkansas Falconry Coordinator will
			 assign a falconry Class level commensurate with the new resident falconer's
			 experience.
6.
			 Eligibility requirements to obtain falconry permit for individuals with
			 falconry experience who are not U.S. Residents.
i. A visitor to Arkansas from outside of the
			 United States may qualify for a one year renewable Arkansas Non-U.S. Resident
			 Temporary Falconry Permit at the level appropriate for his/her experience
			 according to the following requirements:
a.
			 The visitor must take the written test, Arkansas Falconry Examination, and pass
			 with a score of 80 or higher; the visitor must provide a written letter
			 detailing the visitor's falconry experience which the Commission's Falconry
			 Coordinator will use to assign the level of Apprentice, General or Master
			 falconer to the temporary falconry permit; and the visitor must have his
			 facilities pass inspection in order to possess birds for falconry.
ii. Holders of an Arkansas
			 Non-U.S. resident Temporary Falconry Permit may not take a bird from the wild
			 for use in falconry.
iii. Holders
			 of an Arkansas Non-U.S. Resident Temporary Falconry Permit may fly raptors held
			 for falconry by a permitted Arkansas falconer.
iv. Holders of an Arkansas Non-U.S. Resident
			 Temporary Falconry Permit may use any bird for falconry that he/she possesses
			 legally in their country of origin for that purpose, provided that import of
			 that species in the U.S. is not prohibited and provided that he/she has met all
			 permitting requirements in their country of residence.
v. Holders of a temporary falconry permit
			 must also have a current Arkansas NonResident Annual Small Game Hunting
			 License.
vi. A holder of an
			 Arkansas Non-U.S. resident Temporary Falconry Permit may transport registered
			 raptors and must follow federal regulations and possess the necessary federal
			 permits to import or export raptors to and from the United States. Unless the
			 permit holder has the necessary federal permits to bring a raptor into the
			 United States and leave it in the U.S., he/she must take raptors brought into
			 the country for falconry out of the country when he/she leaves.
vii. If a raptor brought into the United
			 States and Arkansas dies or is lost in the state, the visitor must report the
			 loss to the Commission's Falconry Coordinator before leaving the state or
			 country.
viii. When flown free, any
			 bird brought to this country temporarily must have two functioning radio
			 transmitters attached to the bird which will enable the falconer to locate
			 it.
ix. A holder of an Arkansas
			 Non-U.S. resident Falconry Permit must comply with all Commission regulations
			 and the falconry regulation in the states where he/she wishes to conduct
			 falconry or through which he/she will travel with the falconry bird.
7. Additional Requirements
			 regarding falconry permits including Reinstatement of lapsed falconry permit
			 and residency requirements.
i. If a previously
			 licensed falconer's permit has lapsed for fewer than five years, his/ her
			 permit may be reinstated at the level they held previously if they provide the
			 Commission's falconry Coordinator with proof of their certification at that
			 level and their facilities must pass inspection by an AGFC employee.
ii. If a previously licensed falconer's
			 permit has lapsed for more than five years, they must pass the Arkansas
			 Falconry written exam by correctly answering 80 percent of the questions and
			 their facilities must pass inspection by an AGFC employee and they must provide
			 written documentation of the class (Apprentice, General, Master) at which they
			 were last permitted or licensed and for which they want their permit
			 issued.
iii. If a permitted
			 falconer resides for part of a year in another state, the falconer must contact
			 that state to determine if they need to obtain a falconry permit from that
			 state.
iv. If a falconer lives for
			 more than 120 consecutive days in a state, territory of tribal land other than
			 their Arkansas residence, their falconry facilities in that second state must
			 meet Arkansas standards.
8. Permit Requirements: It is unlawful for
			 holders of Falconry Permits to fail to comply with the following requirements
			 regarding facilities and care.
i. Falconry
			 Facility Requirements: Conditions for Facilities maintained on property owned
			 or controlled by the falconer.
a. The
			 Commission must be notified in five days of a change of location of a
			 permittee's falconry facilities and a falconer must have new facilities
			 inspected in 30 days of a change of location.
b. Birds must be kept in humane and healthful
			 conditions, protected from the environment, predators and domestic
			 animals.
c. An indoor facility must
			 have a suitable perch for each raptor, at least one opening for sunlight and
			 must provide a healthy environment.
d. Untethered raptors may be housed together
			 if they are compatible with each other.
e. Each raptor must have an area large enough
			 to allow it to fly if it is untethered or, if tethered, to fully extend its
			 wings or bate (attempt to fly when tethered) without damaging its feathers or
			 contacting other raptors. It must be large enough to insure that tethered birds
			 cannot strike the enclosure when flying from the perch.
f. Each raptor must have a pan of clean water
			 available at all times.
g. An
			 indoor facility must be large enough to allow easy access for the care and
			 feeding of raptors kept there and must have flooring that allows drainage, does
			 not retain moisture and allows for sanitary maintenance activities.
h. If raptors housed in an indoor facility
			 are not tethered, all walls that are not solid must be protected on the inside.
			 Suitable materials may include vertical bars spaced narrower than the width of
			 the smallest raptor housed in the enclosure or heavy duty netting.
i. Acceptable indoor facilities include shelf
			 perch enclosures where raptors are tethered side by side. Other innovative
			 housing systems are acceptable if they provide the enclosed raptors with
			 protection and provide healthy feathers and fresh air.
j. Falconry raptors may be kept inside the
			 falconer's place of residence if a suitable perch or perches are provided. The
			 residence's windows or other openings do not need to be modified. Raptors kept
			 in a residence must be tethered when they are not being moved into or out of
			 the location in which they are being kept.
k. All falconers in possession of falconry
			 raptors must have and maintain jesses or the materials and equipment to make
			 jesses appropriate for the size raptor in their possession, leash and swivel,
			 bath container, and scales or balances appropriate for weighing raptors in the
			 falconers' possession (scales for kestrels must weigh in increments of one
			 grams or less).
l. Falconry raptors
			 may be kept outside in the open if they are under watch, such as by the
			 falconer or a family member at any location or, for example by a designated
			 individual in a weathering yard at falconry meet.
m. Permittees must keep all facilities and
			 equipment at or above these standards at all times.
ii. Falconry Facility Requirements:
			 Conditions for facilities maintained on property not owned or controlled by the
			 falconer.
a. Regardless of location, a
			 falconer's facilities must meet all the requirements listed for facilities on
			 property owned or controlled by the falconer.
b. Falconer must submit a dated statement to
			 the Commission's Falconry Coordinator showing that the falconer or the property
			 owners (if the falconer's facilities are on property not owned or leased by the
			 falconer) agrees that the falconry facilities, equipment, and raptors may be
			 inspected without advance notice by Commission personnel at any reasonable time
			 of day.
iii.
			 Transportation Facilities: Conditions for care and facilities for transporting
			 raptors.
a. When transporting a raptor, using
			 a raptor for hunting or for temporary housing when away from home a falconer is
			 required to have a suitable perch and protect the raptor from extreme
			 temperatures, wind, and excessive disturbance.
b. A "giant hood" or similar container is
			 acceptable for transporting or housing a raptor when away from home.
iv. Temporary Facilities:
			 Conditions for temporary care and facilities for raptors.
a. A falconer may house a raptor in temporary
			 facilities for no more than 120 consecutive calendar days if the bird has a
			 suitable perch and is protected from predators, domestic animals, extreme
			 temperatures, wind, and excessive disturbance.
v. Conditions for Care of Falconry Raptors by
			 Another Falconry Permittee: Another falconry permittee may care for a
			 falconer's raptor or raptors at the falconer's facilities or at the other
			 permittee's facilities for up to 120 consecutive calendar days provided the
			 following conditions are met:
a. The other
			 permittee must have a signed and dated statement from the falconer authorizing
			 the other falconry permittee the temporary possession of the falconry
			 raptor(s). This written statement must include information about the time
			 period for which the other falconry permittee will keep the raptor(s) and state
			 what he or she is allowed to do with the raptor(s). If the other falconry
			 permittee caring for the raptor(s) holds the appropriate level falconry permit,
			 he/she may fly the falconer's raptors in whatever way the falconer authorizes,
			 including hunting.
b. The written
			 authorization to the other falconry permittee from the falconer must be
			 accompanied by a copy of FWS form 3-186A that shows the falconer as the
			 authorized possessor of each of the falconry raptor(s).
c. The raptor(s) must remain on the
			 falconer's permit and will not count against the possession limit of the other
			 falconry permittee caring for the raptors.
vi. Conditions for Care of Falconry Raptors
			 by a Person who does not have a falconry permit: A person who does not have a
			 falconry permit may care for a falconer's raptor(s) at the falconer's
			 facilities for up to 45 consecutive calendar days provided the following
			 conditions are met:
a. The person(s) caring
			 for the raptors may not fly them for any reason.
b. The raptors must remain in the falconer's
			 approved facilities.
c. The raptors
			 must remain on the falconer's permit.
vii. Permit Requirements: It shall be
			 unlawful for holders of Falconry Permits to fail to comply with the following
			 requirements regarding taking and possession of raptors from the wild:
a. Falconers may take no more than 2 raptors
			 from the wild each 365 consecutive day period beginning on the date the
			 falconer took the first bird to use in falconry.
b. If a falconer transfers a bird that he/she
			 took from the wild to another falconer in the same year in which it was
			 captured, the bird will count as one of the raptors the falconer is allowed to
			 take from the wild that year; it will not count as a capture by the recipient,
			 although it will always be considered a wild bird.
c. Falconers may not intentionally capture a
			 raptor species that their classification as a falconer does not allow them to
			 possess for falconry. Raptors captured by falconers who are not allowed to
			 possess that species or age group must be immediately released.
d. Raptors must be taken only in a humane
			 manner. Any device used to take birds of prey shall be labeled with the name,
			 address and phone number of the falconer, and must be attended to continually
			 by the falconer. No eggs may be taken from raptor nests.
e. Falconers must immediately release any
			 bird captured unintentionally.
f.
			 Falconers may recapture a lost falconry bird for which he/she has submitted a
			 Form 3-186A at any time the recapture will not count as taking a bird from the
			 wild.
g. Falconers may recapture a
			 raptor wearing falconry equipment or a captive-bred raptor at any time--even if
			 that falconer is not allowed to possess that species of raptor. The bird will
			 not count against the falconer's possession limit nor their capture from the
			 wild limit. The falconer must report the recapture of the bird to the
			 Commission's Falconry Coordinator no more than five working days after the
			 recapture and return the recaptured falconry bird to the person who lost it if
			 that person legally possessed it. Disposition of a bird whose legal possession
			 cannot be determined will be at the discretion of the Commission's Falconry
			 Coordinator.
h. Peregrine falcons
			 banded with a Federal Bird Banding laboratory band may not be taken from the
			 wild, however other raptors banded with a federal bird banding lab may be taken
			 if the falconer is authorized to take that species.
i. If a falconer captures a peregrine falcon
			 that has a colored alphanumeric research band on it or a research marking
			 attached to it, it must be immediately released.
j. Passage peregrine falcons may be taken
			 from September 20 through October 20 by an Arkansas resident falconer or
			 non-resident falconer with a non-resident hunting license who has been issued
			 an Arkansas Passage Peregrine Falcon Permit by the Commission in accordance
			 with requirements stated on that permit.
k. If a falconer captures a raptor that has a
			 transmitter attached to it, the falconer has up to 30 days to contact the
			 researcher to determine if he/she wishes to replace the transmitter or its
			 batteries. If the researcher wishes to do so or to have the transmitter
			 removed, the researcher or his/her designee can make the change or allow the
			 falconer to do so before the falconer releases the falcon.
l. If a falconer captures a raptor wearing a
			 seamless metal band, a transmitter, or any other item identifying it as a
			 falconry bird, the falconer must report the capture of the bird to the
			 Commission's falconry Coordinator no more than five working days after the
			 capture. The falconer must return the bird to the person who lost it, however,
			 if that person cannot possess the bird or does not want to possess it, the
			 falconer may keep it. Disposition of a bird who's legal possession cannot be
			 determined will be at the discretion of the Commission's Falconry Coordinator.
			 During the time period when a falconer keeps a bird for return to the person
			 who lost it, the bird will not count toward the falconer's possession limit or
			 his/her limit on take of birds from the wild, as long as the falconer reports
			 the bird to the Commission in 5 working days of capture.
m. If a falconer captures a raptor with a
			 band other than the Federal Bird Banding Lab aluminum band, research marking or
			 transmitter attached to it, the falconer must report the band numbers and all
			 other relevant information to the Federal Bird Banding Laboratory in five
			 working days. If the bird is wearing a transmitter, the falconer may contact
			 the researcher to determine if he/she wishes to replace it. The falconer is
			 authorized to possess the bird for up to 30 days until the researcher or
			 his/her designee does so, or until the falconer replaces it himself.
			 Disposition of the bird will be at the discretion of the Commission's Falconry
			 Coordinator. Temporary possession will not count against the falconer's
			 possession limit.
n. General and/or
			 Master Class falconers may remove nestlings from a nest or aerie in accordance
			 with the following:
1. Take of a raptor from
			 the wild must be reported in five days from the date at which take occurred by
			 entering the required information in the electronic database at
https://epermits.fws.gov/falcp/
.
2. A falconer present at the capture site,
			 even if another person captures the bird for him/her, is considered the person
			 who removes the bird from the wild and is responsible for filing a Form
			 3-186A.
3. If the falconer is not
			 at the immediate location where the bird is taken from the wild, the person who
			 removes the bird from the wild must be a General or Master falconer and must
			 report taking of the bird. If that person then transfers the bird to the
			 falconer, both must file a Form 3-186Areporting the transaction no later than
			 five days after the transfer. The bird will count as one of the two raptors the
			 person who took it from the wild is allowed to capture in any year. The bird
			 will not count as a bird the falconer took from the wild. The person who takes
			 the bird from the wild must report the take even if he or she promptly transfer
			 the bird to another falconer.
4. If
			 a falconer has a long-term or permanent physical impairment that prevents
			 him/her from attending the capture of a species for falconry, a general or
			 Master Falconer may capture the bird for the impaired falconer. The impaired
			 falconer must file a Form 3-186A reporting take of a wild bird and the bird
			 counts against the impaired falconer's total take of wild raptors for the
			 year.
o. Goshawks,
			 Harris hawks, peregrine falcons, and gyrfalcons captured from the wild or
			 acquired from a rehabilitator must be banded with a permanent non-reusable
			 numbered U.S. Fish and Wildlife Service leg band provided to AGFC by the U.S.
			 Fish and Wildlife; or implanted with an ISO-compliant microchip. Band numbers
			 and or microchip information must be reported to both AGFC's Falconry
			 Coordinator and the U.S. Fish and Wildlife Service when the acquisition of the
			 bird is reported by the falconer no later than 10 days after acquisition.
1.
EXCEPTION:
If a falconer
			 document that a raptor's health or injury problems are caused by the band, that
			 documentation must be submitted to the Commission's Falconry Coordinator who
			 will issue an exemption to the requirements for that raptor. The falconer must
			 keep a copy of the exemption paperwork on his person when transporting or
			 flying that raptor. If that bird is wild caught goshawk, Harris's hawk,
			 peregrine falcon, or gyrfalcon, the band must be replaced with an ISO-compliant
			 microchip provided to the falconer through the Commission by the U.S. Fish and
			 Wildlife Service.
p. A
			 raptor captured from the wild may not be banded with a seamless numbered
			 band.
q. Falconry bands may not be
			 altered, defaced or counterfeited; however removal of the rear tab on a band on
			 a raptor taken from the wild, and smoothing the surface without affecting the
			 integrity of the band or the numbering on it is permissible.
r. Take of eyas (nestling raptors incapable
			 of flight) birds is allowed between January 1 and August 1 of each
			 year.
s. Take of passage (raptors
			 fledged from the nest but less than 1 year of age) is allowed from June 15
			 through March 1.
t. Take of raptors
			 from the wild must be reported in 5 days from the date at which take occurred
			 by entering the required information in the electronic database at
https://epermits.fws.gov/falcp/
.
viii. Permit Requirements: It
			 shall be unlawful for holders of Falconry Permits to fail to comply with the
			 following requirements regarding possession of raptors bred in captivity:
a. Falconry raptors bred in captivity must be
			 banded with a U.S. Fish and Wildlife Service seamless band or be
			 micro-chipped.
b. If the seamless
			 band is removed or lost, the falconer must report it and request a replacement
			 band from AGFC no less than 10 days after the band is removed or
			 lost.
c. The required information
			 must be reported electronically (
https://epermits.fws.gov/falcp/
)
			 immediately upon rebanding.
ix. Permit Requirements: It is unlawful for
			 holders of Falconry Permits to fail to comply with the following requirements
			 regarding possession of raptors transferred from migratory bird rehabilitators.
a. Falconers may acquire a bird for falconry
			 from a federally permitted migratory bird rehabilitator if the falconer is
			 permitted to possess that species of bird for falconry. Acquisition of a bird
			 from a rehabilitator will count as one of the raptors the falconer is permitted
			 to take from the wild. Transfer to the falconer is at the discretion of the
			 permitted rehabilitator. Falconer must report acquisition of the bird using the
			 required reporting procedures.
x. Permit Requirements: It is unlawful for
			 holders of Falconry Permits to fail to comply with the following requirements
			 regarding record keeping:
a. Falconers must
			 keep copies of all database submissions, including electronic and paper
			 submissions, documenting take, transfer, loss, release, rebanding and/or
			 microchipping of each falconry raptor until five years after the falconer has
			 transferred or lost the bird, or the bird dies.
b. All raptors acquired and disposed of must
			 be reported in 5 days of the date when transaction or transition occurred by
			 entering the required information in the electronic database at
https://epermits.fws.gov/falcp/
.
xi. Permit Requirements: It is
			 unlawful for holders of Falconry Permits to fail to comply with the following
			 requirements regarding the theft of a falconry bird:
a. If a raptor possessed under a falconry
			 permit is stolen, the falconer must report the theft to the Commission's
			 Falconry Coordinator and to the U.S. Fish and Wildlife Service Regional Law
			 Enforcement office in 5 working days of the theft of the bird.
xii. Permit Requirements: It is
			 unlawful for holders of Falconry Permits to fail to comply with the following
			 requirements regarding selling or trading raptors held under a Falconry Permit:
a. Falconers may sell, purchase, barter,
			 trade, and/or offer for sale, or purchase captive-bred raptors marked with
			 seamless metal bands to other falconry permittees who are authorized to possess
			 them.
b. Falconers may not
			 purchase, sell, trade or barter wild raptors; they can only transfer them to
			 another falconer or to a recipient who possesses the necessary federal and
			 state permits for that activity.
c.
			 Wild-caught falconry raptors may be transferred to a raptor propagation permit
			 only after the bird has been used in falconry for at least two years or for one
			 year for sharp-shinned hawks, Cooper's hawks, merlins, and American
			 kestrels.
d. Wild caught raptors
			 that are less than two years of age or for one year for sharp-shinned hawks,
			 Cooper's hawks, merlins, and American kestrels, may be transferred to another
			 permit type if the bird has been injured and a veterinarian or permitted
			 migratory bird rehabilitator has determined that the raptor can no longer be
			 flown for falconry. Falconer must provide a copy of the Form 3-186A documenting
			 the acquisition of the bird by the propagators to the Federal Migratory Bird
			 Permit office that administers the other permit type.
e. Falconers may transfer captive-bred
			 falconry raptors to another type of permit if the holder of the other permit
			 type is authorized to possess the bird. Falconers must report the transfer on a
			 Form 3-186Awithin 5 days of the transfer.
f. A surviving spouse, executor,
			 administrator or other legal representatives of a deceased falconry permittee
			 may transfer any bird held by the permittee to another authorized permittee in
			 90 days of the falconer's death. After 90 days, the disposition of a bird held
			 under the permit is at the discretion of the Commission's Falconry
			 Coordinator.
g. Falconers may use
			 raptors held under a falconry permit in raptor propagation if the falconer or
			 the person overseeing the propagation has the necessary permits if the
			 following requirements are met:
1. If the bird
			 will be used for propagation for fewer than 8 months a year, the falconer does
			 not need to transfer the raptor from his permit.
2. If the raptor is used for propagation for
			 more than 8 months per year, the bird must be transferred to a federal
			 propagation permit and banded as required by federal raptor propagation
			 regulations.
xiii. Permit Requirements: It is unlawful for
			 holders of Falconry Permits to fail to comply with the following requirements
			 regarding take of prey by Falconry Raptors:
a.
			 Falconers may take wildlife only within the specific seasons and bag limits,
			 except that squirrels and rabbits may be taken outside of the specified hunting
			 season by falconry birds with a daily limit of 1 game mammal per raptor per
			 day.
b. If a falconry bird kills a
			 prey animal that was not the falconer's intended prey, and if that kill was
			 outside of the animal's legal open hunting season, the falconers may allow
			 their falconry raptor to feed on the incidental kill but the falconer may not
			 take the animal into possession.
c.
			 Falconers must ensure that their activities do not cause the take of a federal
			 listed threatened or endangered species. "Take" under the federal Endangered
			 Species Act means "to harass, pursue, hunt, shoot, wound, kill, trap, capture,
			 or collect or attempt to engage in any such conduct. "Harass" in this Act means
			 any act that may injure wildlife by disrupting normal behavior including
			 breeding, feeding or sheltering. "Harm" in this Act means an act that actually
			 kills or injure wildlife. Falconers must report the location of the take of any
			 federally listed threatened or endangered species to the state's U.S. Fish and
			 Wildlife Service Ecological Services field office.
d. Falconry take of bird species for which a
			 federal depredation order is in place is permitted. Falconers may use their
			 falconry raptors to take any species listed in 50 CFR 21, 50 CFR 23, 50 CFR 44,
			 or 50 CFR 45 at any time in accordance with the conditions of the depredation
			 order, however, the falconer may not be paid for doing so.
xiv. Permit Requirements: It is unlawful for
			 falconers to fail to comply with the following requirements regarding
			 acquisition, transfer, and release or rebanding of a raptor:
a. If a falconer acquires, transfers, rebands
			 or microchips a raptor, or if a raptor in a falconer's possession is stolen, or
			 if the raptor is lost to the wild and not recovered within 30 days, or if a
			 falconer's raptor possessed for falconry dies, the falconer must report the
			 change within 10 days by entering the required information in the electronic
			 database at
https://epermits.fws.gov/falcp/
.
xv. Permit Requirements: It is
			 unlawful for holders of Falconry Permits to fail to comply with the following
			 requirements regarding release of falconry birds into the wild and falconry
			 training techniques:
a. The use of acceptable
			 falconry training or conditioning practices includes but is not limited to,
			 tame-hacking, the use of creance flying, lures, balloons or kites, flying
			 falconry birds at pen-raised birds or birds not covered by the Migratory Treaty
			 Act.
b. Hacking of Falconry
			 Raptors: General and Master Class falconers may condition raptors for falconry
			 with the following requirements:
1. The raptor
			 the falconer hacks must be a species the falconer is allowed to possess and
			 counts against the falconer's possession limit.
2. A hybrid raptor may be hacked if the
			 raptor wearing two functioning radio transmitters.
3. Hacking a raptor may not occur near a
			 nesting area of a federally threatened or endangered bird species or in any
			 location where the raptor is likely to harm a federally listed threatened or
			 endangered species that might be disturbed or taken by the hacked falconry
			 bird.
c. Falconers may
			 only release back to the wild in Arkansas, wild caught raptors native to the
			 state. Non-native raptor species, hybrid raptor species, and raptors bred in
			 captivity may not be released back to the wild in Arkansas. Wild-caught raptors
			 must be released at an appropriate time of year and an appropriate location and
			 any and all bands and falconry equipment must be removed from the raptor prior
			 to its release.
d. When flown free,
			 hybrid falcons must have at least two functioning radio transmitters attached
			 to it to assist the falconer in locating the bird.
xvi. Permit Requirements: It is unlawful for
			 holders of Falconry Permits to fail to comply with the following requirements
			 regarding migratory bird feather and carcass possession:
a. A falconer may possess flight feathers for
			 each species of raptor he/she currently and previously held on his/her permit
			 for imping purposes.
b. Falconers
			 may give and/or receive feathers for imping from other permitted falconers,
			 federally permitted wildlife rehabilitators, or federally permitted raptor
			 propagators in the United States.
c. Flight feathers for imping may not be
			 purchased, sold, or bartered.
d.
			 Falconers may donate feathers, except golden eagle feathers, to any person or
			 institution with a permit to possess them or to anyone exempt from permit
			 requirements under
			 50 CFR
			 21.12.
e. If a falconer's permit expires or is
			 revoked, the falconer must burn, bury or otherwise destroy imping feathers in
			 their possession or donate the feathers to any person or institution with a
			 permit to possess them or to anyone exempt from permit requirements under
			 50 CFR
			 21.12.
f. Master Falconers in possession of a golden
			 eagle must gather primary and secondary flight feathers and retrices from
			 molted by their golden eagle(s) and store them for imping or send them to the
			 National Eagle Repository.
g.
			 Carcasses of falconry birds that die while in the falconer's possession may be
			 burned, buried or otherwise destroyed and disposed of in 10 days of death or 10
			 days of necropsy by a veterinarian, or donated to any person or institution
			 with a permit to possess them or donated to anyone exempt from permit
			 requirements under
			 50 CFR
			 21.12
h. Carcasses of euthanized raptors must be
			 disposed of in a manner that will prevent scavenger from feeding on them.
			 Flight feathers may be retained for imping purposes.
i.
EXCEPTIONS:
a. Carcasses of golden eagles must be sent to
			 the National Eagle Repository.
b.
			 Banded or microchipped falconry birds that die while in the falconer's
			 possession maybe kept by the falconer so that the feathers are available for
			 imping or the falconer may have the body mounted by a taxidermist and the mount
			 used in educational programs. Bands must remain on the body and microchips must
			 be left in place.
xvii. Permit Requirements: It is unlawful for
			 holders of Falconry Permits to fail to comply with the following requirements
			 regarding raptors injured due to a falconer's trapping:
a. If a raptor is injured during trapping, a
			 falconer must either:
1. Put the injured bird
			 on his/her falconry permit and follow procedures outlined for reporting take of
			 a bird from the wild falconry. The bird will count towards the falconer's
			 possession limit. The falconer must have the injured bird treated by a
			 veterinarian or a permitted migratory bird rehabilitator, and the falconer is
			 responsible for the costs of care and rehabilitation of the bird; or
2. Give the bird directly (within 24 hours)
			 to a veterinarian or permitted migratory bird rehabilitator. The bird will not
			 count against the falconer's take or possession limits; however, the falconer
			 is responsible for the costs of care and rehabilitation of the bird.
xviii. Permit
			 Requirements: It is unlawful for holders of Falconry Permits to fail to comply
			 with the following requirements regarding assistance in the rehabilitation of
			 raptors to prepare them for release according to the following requirements:
a. A General or Master Class falconer may
			 assist a federally permitted migratory bird rehabilitator to condition a raptor
			 in preparation for its release to the wild only if the falconer has a letter or
			 form from the rehabilitator identifying the bird and explaining that the
			 falconer is assisting in its rehabilitation.
b. The falconer does not have to meet the
			 rehabilitator facility guidelines and may keep the rehabilitating raptor in
			 his/her approved falconry facilities.
c. The rehabilitating raptor will remain on
			 the rehabilitator's permit and will not be added to the falconer's
			 permit.
d. The falconer must return
			 any such bird that cannot be permanently released to the rehabilitator for
			 placement in the 180-day timeframe in which the rehabilitator is federally
			 authorized to possess this bird unless the issuing office authorized the
			 rehabilitator to retain the bird longer than 180 days.
e. The falconer must coordinate with the
			 rehabilitator and release all releasable raptors to the wild or return them to
			 the rehabilitator for release in the 180 day timeframe in which the
			 rehabilitator is federally authorized to possess this bird, unless the issuing
			 office authorized the rehabilitator to retain the bird longer than 180 days, or
			 unless the rehabilitator transfer the bird to the falconer you to hold under
			 his/her falconry permit.
xix. Permit Requirements: It is unlawful for
			 holders of Falconry Permits to fail to comply with the following requirements
			 regarding use of falconry raptors in abatement and education activities:
a. Falconers may use raptors possessed on
			 their falconry permits in conservation education program presented in public
			 venues follow without first obtaining a federal Education Permit if they abide
			 by the following requirements:
1. Raptors used
			 in the program must be on their falconry permit and used primarily for
			 falconry.
2. Apprentice falconers
			 presenting educational programs must be under direct supervision of a General
			 or Master Class falconer.
3. If a
			 fee is charged for presentation of a conservation education program, the fee
			 may not exceed the amount required to recoup the falconer's cost of presenting
			 the program.
4. The presentation is
			 required to address falconry and conservation education and may also include
			 information about the biology, ecological roles, and conservation needs of
			 raptors and other migratory birds.
5. The falconer is responsible for all
			 liability associated with his/her conservation education activities.
6. Falconers may allow photography, filming
			 or other such uses of his/ her falconry raptors to make movies or other sources
			 of information on the practice of falconry or on the biology, ecological roles,
			 and conservation needs of raptors and/or migratory birds however the falconer
			 may not be paid for doing so.
7.
			 Falconers may not use their falconry raptors in movies, commercials or other
			 commercial ventures that are not related to falconry.
b. A Master Class falconer may conduct
			 abatement activities with his/her falconry birds if the falconer has first
			 obtained a federal Special Purpose Abatement permit from the U.S. Fish and
			 Wildlife Service.
c. A General
			 Class falconer may conduct abatement activities only as a sub permittees of the
			 holder of the federal Abatement permit and both Master and General Class
			 falconers must follow the conditions of the said permit.
xx. Permit Requirements: It is unlawful for
			 falconers holding a permit issued by another state to fail to comply with the
			 following requirements regarding Non-resident falconers hunting and taking
			 raptors in Arkansas:
a. Non-resident falconers
			 with a Non-Resident Small Game Hunting License may take game in Arkansas
			 according to state and federal regulations.
b. Non-resident falconers with a non-resident
			 Arkansas Small Game Hunting License may take 1 legal raptor per year in
			 Arkansas provided the state of their residence reciprocates such approval for
			 Arkansas falconers and the taking of a legal raptor by a non-resident must
			 comply with Arkansas regulations.
xxi. Permit Requirements: It is unlawful for
			 holders of Falconry Permits to fail to comply with the following requirements
			 regarding taking falconry raptors to another country for use in falconry
			 activities:
a. An Arkansas falconry permit
			 authorizes the falconer to export and import to another country, without
			 additional migratory bird import/export permits, the raptors the falconer
			 legally possesses for falconry. The falconer must meet any federal requirements
			 in 50 CFR 14 Part B and may need additional permits listed in 50 CFR 15, 50 CFR
			 17, 50 CFR 21, and 50 CFR 23.
b.
			 Unless the falconer has the necessary permits to export raptors from the U.S.
			 the falconer must bring any raptor taken out of the country for falconry back
			 to the U.S. upon his/her return. Each raptor must be covered by a CITES
			 certificate of ownership and the falconer must have full documentation of the
			 lawful origin of each raptor and each raptor must be identifiable with a
			 permanent non-reusable U.S. Fish and Wildlife Service leg band, seamless leg
			 band or implanted microchip for identification.
c. If the raptor dies or is lost, the
			 falconer is not required to bring it back but it must be reported immediately
			 upon the falconers return to the U.S. according to state and federal CITES
			 regulations.
xxii.
			 Permit Requirements: It is unlawful for holders of Falconry Permits to fail to
			 comply with the following requirements regarding facility inspection and permit
			 revocation.
a. Any person issued a Falconry
			 Permit under this Code chapter shall allow entry, at any reasonable hour, to
			 employees or agents of the Commission upon the premises where the permitted
			 activity is conducted. Commission employees or agents may enter such premises
			 to inspect the facility, any and all records associated with the activities
			 relating to the permit, and any birds kept under the authority of the
			 permit.
b. Permits may be revoked
			 by this Agency for failure to comply with the terms of the permit or with the
			 terms of this Commission Code Section.
c. Persons in violation of the terms of this
			 permit, violation of the Commission Code, or upon conviction of associated
			 regulations of the U.S. Fish and Wildlife Service, shall be notified in writing
			 of such violations and shall have 20 days to respond with just cause as to why
			 their permit should not be suspended or revoked.
d. If, at the end of the 20-day period, just
			 cause has not been given, this Agency may suspend or revoke any existing permit
			 held by the violator and may refuse to issue any future permit. Such
			 suspension, revocation or refusal to issue a future permit shall be in addition
			 to any criminal charges that may be filed.
e. Upon revocation, the permit holder must
			 legally transfer or release all falconry raptors in the time designated in the
			 revocation, not to exceed 60 days, and failure to do so shall result in the
			 Commission taking action, per Commission policy, at the permit holder's
			 expense.