New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter I - Miscellaneous Licenses › Part 173 - Falconry › Section 173.7 - Disposition of raptors

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A falconer
				  who takes, acquires, transfers, rebands, or microchips a raptor; has a raptor
				  stolen; permanently releases a raptor to the wild; loses a raptor to the wild
				  and does not recover the bird within 30 days; or if a bird they possess dies;
				  must enter the required information within 10 days in the United States Fish
				  and Wildlife Service (USFWS) electronic database at http://
				  permits.fws.gov/186A or submit a paper federal form 3-186A to the
				  department.
(b) A falconer must
				  notify the USFWS and the department within 10 days of the theft of any
				  raptor.
(c) A falconer must keep
				  copies of all electronic database submissions documenting take, transfer, loss,
				  release, rebanding or microchipping of each falconry raptor until five years
				  after the transfer, loss or death of the raptor.
(d) A falconer may sell, purchase or barter,
				  or offer to sell, purchase or barter captive bred raptors marked with seamless
				  bands to other individuals who are licensed to possess the birds.
(e) A falconer may not sell, purchase, trade,
				  or barter, or offer to sell, purchase, trade, or barter wild raptors. Wild
				  raptors may only be transferred to individuals who are licensed to possess the
				  birds.
(f) A falconer may transfer
				  a wild caught raptor to a propagation license only after the bird has been used
				  in falconry for at least two years (only one year for sharp-shinned hawk
				  (Accipiter striatus), Cooper's hawk (A. cooperii), merlin (Falco columbarius)
				  or American kestrel (F. sparverius)). The falconer must report the transfer of
				  the bird as outlined in subdivision (a) of this section and provide a copy of
				  the 3-186A form documenting acquisition of the bird by the propagator to the
				  federal migratory bird permit office that administers the propagation
				  permit.
(g) A falconer may transfer
				  a wild caught raptor to an individual licensed to possess the raptor in less
				  than two years if the bird has been injured and a veterinarian has determined
				  that the bird can no longer be flown for falconry. When transferring the bird,
				  the falconer must provide a written statement from the veterinarian attesting
				  to the nature of the injury and that the bird is not useable in falconry along
				  with a copy of the 3-186A form documenting acquisition of the bird to the
				  federal migratory bird permits office that administers the other
				  permit.
(h) A falconer may use a
				  raptor held under a falconry license for captive propagation purposes without
				  transferring the bird from their falconry license provided:
(1) the falconer has a USFWS license
				  authorizing the propagation of the raptor; and
(2) the bird is used for fewer than eight
				  months in a year and fewer than eight consecutive months in captive
				  propagation.