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 173.3 - Acquisition of raptors

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Raptors
				  which have been captured from the wild may not be bought, sold, bartered or
				  offered for sale or barter under a falconry license.
(b) Captive bred progeny of lawfully acquired
				  raptors may be bought, sold, bartered, and offered for sale or barter under a
				  falconry license.
(c) A falconer
				  may obtain a raptor from a person outside New York State by any method which is
				  legal where that person resides.
(d) Raptors may not be captured from the wild
				  by any method that is injurious to the bird.
(e) Nestling raptors may only be captured
				  from May 1st through July 31st inclusive, except that nestling great horned
				  owls (Bubo virginianus) may be captured from February 1st through July 31st
				  inclusive.
(f) A falconer may
				  capture only one nestling raptor from any one nest. A nestling may not be
				  captured from its nest unless there is at least one other nestling remaining in
				  the nest.
(g) A falconer who
				  captures a nestling raptor must, at the time of capture, install metal flashing
				  at the base of the tree in which the nest is located. Such flashing must be at
				  least two feet wide, must be wrapped completely around the tree, must be at
				  least four feet from the ground, and must be painted to match the color of the
				  tree trunk. The flashing must be removed after the remaining nestlings have
				  left the nest
(h) First year
				  passage birds may only be captured from September 1st through January 31st
				  inclusive.
(i) A falconer who
				  captures a raptor in adult plumage must immediately release that raptor at the
				  site of capture.
(j) A falconer
				  must immediately release a raptor that is caught unintentionally or which the
				  falconer is not authorized to possess.
(k) A falconer must have his or her valid
				  falconry license on their person when capturing raptors.
(l) A falconer must obtain permission from a
				  landowner before he or she captures a raptor on private land. Permission must
				  be obtained from the administering agency before capturing a raptor on public
				  land.
(m) A falconer, who will be
				  receiving a wild caught raptor, who is present at the capture site where the
				  raptor is taken from the wild is considered the person who removes the bird
				  from the wild even if another individual captures the bird. The falconer
				  receiving the bird from the person who captured the bird is responsible for
				  reporting the take of the bird as outlined in subdivision (a) of this section
				  and the bird will count as one of the raptors the falconer receiving the bird
				  is allowed to capture in that year.
(n) A falconer, who will be receiving a wild
				  caught raptor, who is not at the capture site where a raptor is taken from the
				  wild is not considered the person who removes the bird from the wild. The
				  person who captures the bird from the wild must be a general or master falconer
				  and is responsible for reporting the take of the bird as outlined in
				  subdivision section
				  173.7(a) of this
				  Part. The bird will count as one of the raptors the person who captured the
				  bird from the wild is allowed to take in that year. If the falconer who took
				  the raptor from the wild later transfers the bird to another falconer; both
				  must report the transaction as outlined in section
				  173.7 of this Part.
(o) A falconer who has a long term or
				  permanent physical impairment that prevents him or her from attending the
				  capture of a raptor from the wild may have another licensed general or master
				  falconer capture the bird for them. The falconer who is unable to attend the
				  capture is responsible for reporting the take of the bird as outlined in
				  subdivision (a) of this section and the bird will count as one of the birds he
				  or she is allowed to take from the wild that year.
(p) A falconer who captures a raptor that is
				  injured due to falconer trapping efforts may either:
(1) place the bird on their falconry permit
				  then he or she must report the take as outlined in subdivision
				  173.7(a) of this
				  Part and the bird will count as one of the raptors the falconer is allowed to
				  take in that year; or
(2) directly
				  transfer the bird to a veterinarian or licensed wildlife rehabilitator and the
				  bird will not count against the falconer's allowed take or the number of
				  raptors the falconer may possess.
In either case, the falconer is responsible for the costs
					 of care and rehabilitation of the bird.