reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-420 - Falconry › Section 220-420-160 - Take from the wild

Current through Register Vol. 24-14, July 15, 2024
(1) A falconer
				must report take of a raptor from the wild no later than ten days after the
				capture of the raptor.
(2) A
				falconer may take no more than two raptors from the wild each year to use in
				falconry.
(3) The number of
				wild-caught or captive-bred raptors transferred is not restricted, but a
				falconer may not exceed the possession limit of his/her class of
				falconry.
(4) A falconer may
				recapture a falconry raptor that he/she lost at any time. The recapture will
				not be considered a new take of a wild raptor.
(5) If a falconer transfers a raptor taken
				from the wild to another permittee in the same year in which it is captured,
				the raptor 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,
				though it will always be considered a wild raptor.
Statutory Authority:
					 RCW
					 77.04.012,
					 77.04.020,
					 77.04.055,
					 77.12.047,
					 77.12.210, and C.F.R. Title 50,
					 Part 21, Subpart C, Section 21.29; Migratory Bird Treaty Act. 10-18-012 (Order
					 10-214), §
											232-30-210, filed 8/20/10,
					 effective 9/20/10.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-420 - Falconry › Section 220-420-170 - Take of nestling at nest site

Current through Register Vol. 24-14, July 15, 2024
(1) It is unlawful to remove an immature
				raptor from a nest unless one or more live nestling raptors remain in the
				nest.
(2) A person other than a
				permitted falconer may climb to a raptor nest and remove a nestling for the
				falconer, but only with the falconer present at the nest site.
(3) The falconer taking a raptor must be
				present at the capture site. The falconer is considered the person who removes
				the raptor from the wild even if a proxy climber, or other person, captures the
				raptor for the falconer. The falconer is responsible for reporting take of the
				raptor from the wild.
(4) If a
				falconer is not at the immediate location where a raptor is taken from the wild
				for him/her, the person who removes the raptor from the wild must be a general
				or master falconer, and must report take of the raptor. If that person then
				transfers the raptor to another falconer, the originating falconer must report
				the transaction no later than ten days after the take of the raptor. The raptor
				will count as one of the two wild raptors that the falconer is allowed to
				capture in any year. The raptor will not count as a raptor taken from the wild
				by the recipient. The falconer who takes the raptor from the wild must report
				the take even if he/she promptly transfers it to another falconer.
(5) If a falconer has a long-term or
				permanent physical impairment or disability that prevents him/her from
				attending the capture of a raptor, a general or master falconer may capture a
				raptor for that falconer. The disabled falconer is responsible for reporting
				take of the raptor from the wild, and the raptor will count against the take of
				wild raptors he/she is allowed to take in any year. It will not count against
				the annual wild take for the falconer who captured the raptor for the disabled
				falconer.
Statutory Authority:
					 RCW
					 77.04.012,
					 77.04.020,
					 77.04.055,
					 77.12.047,
					 77.12.210, and C.F.R. Title 50,
					 Part 21, Subpart C, Section 21.29; Migratory Bird Treaty Act. 10-18-012 (Order
					 10-214), §
											232-30-222, filed 8/20/10,
					 effective 9/20/10.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-420 - Falconry › Section 220-420-190 - Acquiring a raptor for falconry from a permitted rehabilitator

Current through Register Vol. 24-14, July 15, 2024
A raptor of any age and of a species that can be lawfully
				  possessed, may be acquired by a falconer directly from a rehabilitator or
				  designee of WDFW. Transfer to the falconer is at the discretion of the
				  department in consultation with the rehabilitator. It must be reported within
				  ten days.
Statutory Authority:
					 RCW
					 77.04.012,
					 77.04.020,
					 77.04.055,
					 77.12.047,
					 77.12.210, and C.F.R. Title 50,
					 Part 21, Subpart C, Section 21.29; Migratory Bird Treaty Act. 10-18-012 (Order
					 10-214), §
											232-30-232, filed 8/20/10,
					 effective 9/20/10.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-420 - Falconry › Section 220-420-200 - Raptors injured due to falconer trapping efforts

Current through Register Vol. 24-14, July 15, 2024
(1) There are two options for dealing with a
				raptor injured during trapping efforts. In either case, the falconer involved
				with the capture is responsible for the costs of care and rehabilitation of the
				raptor.
(2) The raptor may be
				possessed by the falconer and reported within ten days after capture of the
				raptor. The raptor will count against his/her possession limit.
(3) The raptor may be given directly to a
				veterinarian, a permitted wildlife rehabilitator, or an appropriate department
				representative or delegate. It will not count against the allowed take or the
				number of raptors the falconer may possess.
Statutory Authority:
					 RCW
					 77.04.012,
					 77.04.020,
					 77.04.055,
					 77.12.047,
					 77.12.210, and C.F.R. Title 50,
					 Part 21, Subpart C, Section 21.29; Migratory Bird Treaty Act. 10-18-012 (Order
					 10-214), §
											232-30-224, filed 8/20/10,
					 effective 9/20/10.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-420 - Falconry › Section 220-420-210 - Banding or microchip tagging raptors used in falconry

Current through Register Vol. 24-14, July 15, 2024
(1) If a falconer takes a goshawk
				(
Accipiter gentilis
), Harris's hawk (
Parabuteo
				unicinctus
), peregrine falcon (
Falco peregrinus
), or
				gyrfalcon (
Falco rusticolus
) from the wild or acquires one
				from a rehabilitator, it must be banded with a permanent, nonreusable, numbered
				U.S. Fish and Wildlife Service leg band that the department will supply. If
				desired by the falconer, he/she may purchase and implant an ISO (International
				Organization for Standardization) compliant (134.2 kHz) microchip in the raptor
				in lieu of a band. The falconer must report the action and the band number
				and/or microchip information within ten days.
(2) A raptor bred in captivity must be banded
				with a seamless metal band or have an implanted ISO-compliant (134.2 kHz)
				microchip. If a seamless band is removed, or if it is lost, report it and
				request a replacement U.S. Fish and Wildlife Service nonreusable band from the
				U.S. Fish and Wildlife Service. The falconer must report the action and the
				band number and the microchip information within ten days.
(3) A seamless band does not need to be
				applied until a nestling has developed sufficiently for the band to remain in
				place.
(4) If the band must be
				removed or is lost from a raptor in possession, report the loss of the band
				within five days, and request a replacement U.S. Fish and Wildlife Service
				nonreusable band from the department. Report the rebanding
				immediately.
(5) It is unlawful to
				alter, deface, or counterfeit a band. A falconer may smooth any imperfect
				surface on the rear tab of a band on a raptor taken from the wild if that
				action does not affect the integrity of the band or the numbering on
				it.
(6) If health or injury
				problems are documented for a raptor in possession that is caused by the band,
				the department will provide an exemption to the requirement for that raptor. In
				that case, the falconer shall keep and possess a copy of the exemption
				paperwork with him/her when transporting or flying the raptor. If the raptor is
				a wild goshawk, Harris's hawk, peregrine falcon, or gyrfalcon, the band must be
				replaced with an ISO-compliant microchip purchased by the falconer.
(7) A raptor removed from the wild shall not
				be banded with a seamless numbered band.
Statutory Authority:
					 RCW
					 77.04.012,
					 77.04.020,
					 77.04.055,
					 77.12.047,
					 77.12.210, and C.F.R. Title 50,
					 Part 21, Subpart C, Section 21.29; Migratory Bird Treaty Act. 10-18-012 (Order
					 10-214), §
											232-30-310, filed 8/20/10,
					 effective 9/20/10.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-420 - Falconry › Section 220-420-220 - Designation as a wild raptor

Current through Register Vol. 24-14, July 15, 2024
Raptors removed from the wild for falconry are always
				  considered wild taken raptors, no matter how long they are held in captivity or
				  whether they are transferred to other permittees or permit types. For the
				  purposes of the number of wild raptors a falconer may take in a year, a raptor
				  is considered to be taken from the wild only by the person who originally
				  captured it. This raptor will not count against that number for the subsequent
				  falconers to whom it is legally transferred.
Statutory Authority:
					 RCW
					 77.04.012,
					 77.04.020,
					 77.04.055,
					 77.12.047,
					 77.12.210, and C.F.R. Title 50,
					 Part 21, Subpart C, Section 21.29; Migratory Bird Treaty Act. 10-18-012 (Order
					 10-214), §
											232-30-220, filed 8/20/10,
					 effective 9/20/10.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-420 - Falconry › Section 220-420-230 - Captive propagation of raptors

Current through Register Vol. 24-14, July 15, 2024
(1) A Washington falconry permit is required
				for anyone in the state to conduct raptor propagation with permitted native
				North American raptors. The director will cease to issue a specific raptor
				propagation permit for captive breeding and rearing of raptors at such time as
				this regulation becomes effective. Thereafter, the U.S. Fish and Wildlife
				Service will have the sole responsibility for issuing raptor propagation
				permits in Washington.
(2) The
				department may promulgate state regulations for the management of captive
				raptor propagation in addition to federal regulations for raptor
				propagation.
(3) Raptors possessed
				under a falconry permit may be used for captive propagation if the propagator
				has the required U.S. Fish and Wildlife Service propagation permit. It is not
				necessary to transfer a raptor from a state falconry permit to a U.S. Fish and
				Wildlife Service propagation permit if the raptor is used for fewer than eight
				months in a year for captive propagation. The raptor must be transferred by
				reporting that action if the raptor is permanently transferred for use in
				propagation. The raptor must then be banded as required by state and federal
				regulations. The offspring of captive raptors are considered as
				captive-bred.
(4) Raptors held
				under falconry and propagation permits shall be maintained in humane and
				healthful conditions.
(5)
				Wild-caught raptors taken in Washington may be used for propagation purposes,
				progeny shall not be sold or traded.
(6) A wild-caught falconry raptor may be
				transferred to a raptor propagation permit after the raptor has been used in
				falconry for at least two years, with the exception that transfer of a
				sharp-shinned hawk (
Accipiter striatus
), a Cooper's hawk
				(
Accipiter cooperii
), a merlin (
Falco
				columbarius
), or an American kestrel (
Falco
				sparverius
) is allowed after one year. This transfer shall be reported
				within ten days.
Statutory Authority:
					 RCW
					 77.04.012,
					 77.04.020,
					 77.04.055,
					 77.12.047,
					 77.12.210, and C.F.R. Title 50,
					 Part 21, Subpart C, Section 21.29; Migratory Bird Treaty Act. 10-18-012 (Order
					 10-214), §
											232-30-510, filed 8/20/10,
					 effective 9/20/10.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-420 - Falconry › Section 220-420-240 - Hacking of falconry raptors

Current through Register Vol. 24-14, July 15, 2024
(1)
				Hacking is an approved method for falconers and propagators to condition
				raptors for falconry, rehabilitation, for return to the wild, or in preparation
				for sale of a captive-bred raptor. A general falconer or a master falconer may
				hack falconry raptors.
(2) Any
				raptor a falconer intends to hack with intent to continue to possess for
				recreational falconry counts against his/her permitted possession
				limit.
(3) Any hybrid a falconer
				hacks must have two attached functioning radio transmitters during
				hacking.
(4) A falconer may not
				hack a falconry raptor near a nesting area of a state or federally threatened
				or endangered animal species or in any other location where the raptor is
				likely to harm a state or federally listed threatened or endangered animal
				species that might be disturbed or taken by a falconry raptor being
				hacked.
Statutory Authority:
					 RCW
					 77.04.012,
					 77.04.020,
					 77.04.055,
					 77.12.047,
					 77.12.210, and C.F.R. Title 50,
					 Part 21, Subpart C, Section 21.29; Migratory Bird Treaty Act. 10-18-012 (Order
					 10-214), §
											232-30-520, filed 8/20/10,
					 effective 9/20/10.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-420 - Falconry › Section 220-420-250 - Closed areas for raptor trapping and practicing falconry

Current through Register Vol. 24-14, July 15, 2024
(1) A falconry permit does not authorize a
				falconer to capture or release raptors or practice falconry on public lands
				where it is prohibited, on private property without permission from the
				landowner or custodian, or on tribal lands without permission. Falconry raptors
				may drift from the control of the falconer. It is the falconer's responsibility
				to receive permission to enter to retrieve a falconry raptor from public land
				where falconry is prohibited, or from private or tribal lands.
(2) Trapping raptors for falconry is not
				allowed in the Debay and Johnson Slough Unit, the Fir Island Farms Reserve
				Unit, or the Headquarters (Skagit) Unit in the western half of the Skagit
				Wildlife Area.
Statutory Authority:
					 RCW
					 77.04.012,
					 77.04.020,
					 77.04.055,
					 77.12.047,
					 77.12.210, and C.F.R. Title 50,
					 Part 21, Subpart C, Section 21.29; Migratory Bird Treaty Act. 10-18-012 (Order
					 10-214), §
											232-30-260, filed 8/20/10,
					 effective 9/20/10.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-420 - Falconry › Section 220-420-260 - Transfer, selling, or trading raptors under a falconry permit

Current through Register Vol. 24-14, July 15, 2024
(1) A falconer or
				propagator may purchase, sell, or barter, or offer to sell, purchase, or barter
				captive-bred or hybrid raptors marked with seamless bands to other falconry
				permittees who are authorized to possess them.
(2) Wild taken raptors may not be purchased,
				sold, traded, or bartered. Exchanging raptors with other falconers is not
				considered to be barter or trade.
(3) It is unlawful to transfer a wild caught
				raptor to out-of-state recipients for one year from the date of
				capture.
(4) A raptor may be
				transferred to another permit type if the recipient of the raptor, which could
				be the same transferring falconer, possesses the necessary permits for the
				other activity.
(5) A wild-caught
				falconry raptor may be transferred to another permit type in less than two
				years with the exception of one year for a sharp-shinned hawk
				(
Accipiter striatus
), a Cooper's hawk (
Accipiter
				cooperii
), a merlin (
Falco columbarius
), or an
				American kestrel (
Falco sparverius
), if the raptor has been
				injured, and a veterinarian or permitted wildlife rehabilitator has determined
				that the raptor can no longer be flown for falconry. Report this transaction
				within ten days and provide a copy of the certification from the veterinarian
				or rehabilitator that the raptor is not useable in falconry to the
				department.
(6) A surviving spouse,
				executor, administrator, or other legal representative of a deceased falconry
				or raptor propagation permittee may transfer any raptor held by the permittee
				to another authorized permittee within ninety days of the death of the falconry
				permittee. After ninety days, disposition of a raptor held under the permit is
				at the discretion of the department.
Statutory Authority:
					 RCW
					 77.04.012,
					 77.04.020,
					 77.04.055,
					 77.12.047,
					 77.12.210, and C.F.R. Title 50,
					 Part 21, Subpart C, Section 21.29; Migratory Bird Treaty Act. 10-18-012 (Order
					 10-214), §
											232-30-244, filed 8/20/10,
					 effective 9/20/10.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-420 - Falconry › Section 220-420-270 - Inspections

Current through Register Vol. 24-14, July 15, 2024
(1) Falconry,
				abatement, and propagation raptors, facilities, records, and equipment may be
				inspected in the presence of a falconry permittee during business hours, or
				reasonable time of the day, and on any day of the week by state, federal, or
				other authorized officials.
(2) If
				a falconer's facilities are not on property owned by the falconer, he/she must
				submit to the department a signed and dated statement showing that the property
				owner agrees that the falconry facilities and raptors may be inspected without
				advance notice, at any reasonable time of the day in the presence of the
				property owner.
(3) Inspecting
				authorities may not enter the facilities or disturb the raptors unless the
				falconer is present.
Statutory Authority:
					 RCW
					 77.04.012,
					 77.04.020,
					 77.04.055,
					 77.12.047,
					 77.12.210, and C.F.R. Title 50,
					 Part 21, Subpart C, Section 21.29; Migratory Bird Treaty Act. 10-18-012 (Order
					 10-214), §
											232-30-410, filed 8/20/10,
					 effective 9/20/10.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-420 - Falconry › Section 220-420-280 - Facilities are required for possession of falconry or abatement raptors

Current through Register Vol. 24-14, July 15, 2024
(1) A resident
				falconer in Washington must maintain approved facilities for housing raptors
				used in recreational falconry or in abatement. Nonresident falconers must house
				falconry raptors in adequate temporary facilities.
(2) Raptor facilities shall be approved by
				the department before a new falconry permittee obtains a raptor.
(3) The U.S. Fish and Wildlife Service
				establishes standards and specifications for raptor propagation
				facilities.
(4) All raptors held
				under a falconry or abatement permit shall be maintained in humane and
				healthful conditions.
Statutory Authority:
					 RCW
					 77.04.012,
					 77.04.020,
					 77.04.055,
					 77.12.047,
					 77.12.210, and C.F.R. Title 50,
					 Part 21, Subpart C, Section 21.29; Migratory Bird Treaty Act. 10-18-012 (Order
					 10-214), §
											232-30-420, filed 8/20/10,
					 effective 9/20/10.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-420 - Falconry › Section 220-420-290 - Falconry facilities on property not owned by falconry permittee

Current through Register Vol. 24-14, July 15, 2024
Falconry facilities may be on property owned by another
				  person where a falconer resides, or at a different location.
Statutory Authority:
					 RCW
					 77.04.012,
					 77.04.020,
					 77.04.055,
					 77.12.047,
					 77.12.210, and C.F.R. Title 50,
					 Part 21, Subpart C, Section 21.29; Migratory Bird Treaty Act. 10-18-012 (Order
					 10-214), §
											232-30-430, filed 8/20/10,
					 effective 9/20/10.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-420 - Falconry › Section 220-420-300 - Facilities and care requirements and guidelines

Current through Register Vol. 24-14, July 15, 2024
(1) For housing wild raptors indoors or
				outdoors, the facility must protect raptors from predators, the environment,
				and domestic animals. The facility must have a suitable perch for each raptor,
				at least one opening for sunlight, and must provide a healthy environment for
				raptors. Untethered raptors may be housed together if they are compatible with
				each other. 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 attempt to fly
				while tethered without damaging its feathers or contacting other raptors. Each
				raptor must have a pan of clean water available unless weather conditions, the
				perch type used, or other factor makes access to a water pan unsafe for the
				raptor.
(2) An indoor facility must
				be large enough to allow for the care and feeding of raptors kept there.
				Acceptable indoor facilities include perch enclosures where raptors are
				tethered side by side. If raptors 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 body of the
				smallest raptor housed in the enclosure. However, heavy-duty netting or other
				such materials may be used to cover the walls or roof of the
				enclosure.
(3) Other innovative
				housing systems are acceptable if they provide the enclosed raptors with
				protection and maintain healthy feathers. A falconry raptor or raptors may be
				kept inside a residence if a suitable perch or perches are provided. If inside
				a home, windows or other aspects of the structure do not need modification.
				Raptors kept in a home must be tethered when they are not being moved into or
				out of the location in which they are kept, exercised, worked with, or
				trained.
(4) An outdoor facility
				may be made of wire, heavy-duty plastic mesh, slats, pipe, wood, or other
				suitable material. The facility must have at least a covered perch to protect a
				raptor held in it.
(5) New and
				different types of housing facilities and/or husbandry practices may be used if
				they satisfy the basic requirements above.
(6) Falconry raptors may be kept outside in
				the open if they are under watch, at any location, or by a designated
				individual, for example in a weathering yard.
(7) The department must be informed within
				five business days if a permittee moves his/her falconry facilities to another
				location.
Statutory Authority:
					 RCW
					 77.04.012,
					 77.04.020,
					 77.04.055,
					 77.12.047,
					 77.12.210, and C.F.R. Title 50,
					 Part 21, Subpart C, Section 21.29; Migratory Bird Treaty Act. 10-18-012 (Order
					 10-214), §
											232-30-440, filed 8/20/10,
					 effective 9/20/10.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-420 - Falconry › Section 220-420-310 - Required equipment

Current through Register Vol. 24-14, July 15, 2024
A falconer must have appropriate jesses or the materials and
				  equipment to make them, leash and swivel, bath container, and appropriate
				  scales or balances for weighing raptor(s) in possession.
Statutory Authority:
					 RCW
					 77.04.012,
					 77.04.020,
					 77.04.055,
					 77.12.047,
					 77.12.210, and C.F.R. Title 50,
					 Part 21, Subpart C, Section 21.29; Migratory Bird Treaty Act. 10-18-012 (Order
					 10-214), §
											232-30-450, filed 8/20/10,
					 effective 9/20/10.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-420 - Falconry › Section 220-420-315 - Facilities for a raptor when in transport, using it for hunting, or are away from facilities, and temporary housing

Current through Register Vol. 24-14, July 15, 2024
(1) A raptor must have a suitable perch and
				protection from extreme temperatures, wind, and excessive disturbance. A "giant
				hood" or similar container is an example of an acceptable means for
				transporting and/or housing a raptor when away from a falconry
				facility.
(2) A raptor may be
				temporarily housed outside of a falconer's permanent facilities when a falconer
				is not transporting it or using it for hunting for no more than one hundred
				twenty consecutive calendar days if the raptor has suitable facilities as
				described in WAC 220-420-300.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-420 - Falconry › Section 220-420-320 - Care of falconry raptors by another person

Current through Register Vol. 24-14, July 15, 2024
(1) Another falconry permittee may care for a
				raptor or raptors for a falconry permittee at the permittee's facilities or at
				the caregiver's facilities for up to one hundred twenty consecutive calendar
				days. The caregiver falconer must have a signed and dated statement from the
				permittee that authorizes the temporary possession of the raptor, plus a copy
				of FWS Form 3-186A that shows that the permittee is the possessor of the
				raptor(s). The statement must include information about the time period for
				which the caregiver will keep the raptor(s), and about what the caregiver is
				allowed to do with the raptor(s). The raptor(s) will remain on the permittee's
				falconry permit, and will not be counted against the possession limit of the
				caregiver falconer. If the person caring for the raptor(s) holds the
				appropriate level falconry permit, he/she may fly the raptor(s) including
				hunting.
(2) Another person who
				does not have a falconry permit may care for falconry raptor(s) possessed at
				the permittee's facilities for up to forty-five consecutive calendar days. The
				raptor(s) will remain on the permittee's falconry permit. The raptor(s) must
				remain in the authorized facilities. The person(s) caring for the raptor(s) may
				not fly them for any reason.
(3)
				The care of the falconer's raptor(s) may be extended by written request to the
				department in extenuating circumstances, such as illness, military service, or
				for a family emergency.
Statutory Authority:
					 RCW
					 77.04.012,
					 77.04.020,
					 77.04.055,
					 77.12.047,
					 77.12.210, and C.F.R. Title 50,
					 Part 21, Subpart C, Section 21.29; Migratory Bird Treaty Act. 10-18-012 (Order
					 10-214), §
											232-30-470, filed 8/20/10,
					 effective 9/20/10.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-420 - Falconry › Section 220-420-330 - Abatement activities with captive raptors

Current through Register Vol. 24-14, July 15, 2024
(1) There is no specific Washington state
				abatement permit. The U.S. Fish and Wildlife Service has the sole
				responsibility for issuing special purpose abatement permits in Washington. An
				abatement operator, or subpermittees thereof, must possess a valid falconry
				permit from Washington, another state, tribe, or country. A falconry permit is
				not required for a person who is not engaged in flying a raptor, such as caring
				for, handling, or otherwise assisting the operator.
(2) An abatement operator, or subpermittees
				thereof, and raptor handlers using captive bred origin raptors may receive
				payment for providing abatement services if they are listed in a U.S. Fish and
				Wildlife Service Abatement Permit. Abatement activities shall comply with any
				federal depredation order/permit and take permits. The abatement operator may
				be required to possess a Washington permit issued by the director for the take
				of wildlife (RCW 77.12.240 and
				77.36.030 ). It is the
				responsibility of the abatement operator to possess all other relevant state
				and local permits.
(3) A master
				falconer may independently conduct abatement activities. A general or
				apprentice falconer, may conduct abatement activities only as a subpermittee of
				the holder of the federal abatement permit. A raptor handler who is not engaged
				in active flying of the raptor is not required to possess a falconry
				permit.
(4) Wildlife taken under
				abatement and depredation permits may be stored and/or used as food for
				raptors.
Statutory Authority:
					 RCW
					 77.04.012,
					 77.04.020,
					 77.04.055,
					 77.12.047,
					 77.12.210, and C.F.R. Title 50,
					 Part 21, Subpart C, Section 21.29; Migratory Bird Treaty Act. 10-18-012 (Order
					 10-214), §
											232-30-530, filed 8/20/10,
					 effective 9/20/10.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-420 - Falconry › Section 220-420-340 - Flying a hybrid raptor in falconry

Current through Register Vol. 24-14, July 15, 2024
When flown free, a hybrid raptor must have at least two
				  attached radio transmitters.
Statutory Authority:
					 RCW
					 77.04.012,
					 77.04.020,
					 77.04.055,
					 77.12.047,
					 77.12.210, and C.F.R. Title 50,
					 Part 21, Subpart C, Section 21.29; Migratory Bird Treaty Act. 10-18-012 (Order
					 10-214), §
											232-30-240, filed 8/20/10,
					 effective 9/20/10.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-420 - Falconry › Section 220-420-350 - Use of falconry raptors in education programs

Current through Register Vol. 24-14, July 15, 2024
(1) A general or master falconer may use a
				raptor in education programs presented in public venues. A permitted falconer
				does not need a state scientific collection permit or a federal special purpose
				possession for education permit for public display to conduct education
				activities using a falconry raptor held under a state, tribal, or territorial
				falconry permit.
(2) An apprentice
				falconer may present education programs if under the supervision of a general
				or master falconer.
(3) A raptor
				used by a falconer for education must be one primarily used for falconry. A fee
				for presentation of an education program may be charged, but the fee may not
				exceed the amount required to recoup the falconer's costs.
(4) In presenting conservation education
				programs, a falconer must provide information about the biology, ecological
				roles, and needs of raptors or other migratory birds, although not all of these
				topics must be addressed in every presentation.
Statutory Authority:
					 RCW
					 77.04.012,
					 77.04.020,
					 77.04.055,
					 77.12.047,
					 77.12.210, and C.F.R. Title 50,
					 Part 21, Subpart C, Section 21.29; Migratory Bird Treaty Act. 10-18-012 (Order
					 10-214), §
											232-30-540, filed 8/20/10,
					 effective 9/20/10.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-420 - Falconry › Section 220-420-360 - Other uses of falconry raptors

Current through Register Vol. 24-14, July 15, 2024
(1) Falconry raptors may be used in
				photography, filming, or other such uses 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 other migratory birds, although a
				falconer may not be paid for doing so.
(2) A falconer may not use falconry raptors
				to make movies, commercials, or in other commercial ventures that are not
				related to falconry.
(3) Falconry
				raptors may not be used for commercial entertainment; for advertisements; as a
				representation of any business, company, corporation, or other organization; or
				for promotion or endorsement of any products, merchandise, goods, services,
				meetings, or fairs, with the following exceptions:
(a) A falconry raptor may be used to promote
				or endorse a nonprofit falconry organization or association.
(b) A falconry raptor may be used to promote
				or endorse products or endeavors related to falconry including, but not limited
				to, items such as hoods, telemetry equipment, giant hoods, perches, materials
				for raptor facilities, falconry training and education materials, and
				scientific research and publication.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-420 - Falconry › Section 220-420-370 - Feathers molted by falconry raptors

Current through Register Vol. 24-14, July 15, 2024
(1) A falconer may possess feathers for each
				species of raptor authorized to be possessed for as long as the falconer has a
				valid falconry permit. Falconers may receive feathers of any species authorized
				to be possessed from other permitted falconers, wildlife rehabilitators,
				propagators, or other authorized entities in the United States. Feathers may be
				exchanged with those entities. Raptor feathers and all feathers of other state
				and federally protected raptors shall not be bought, sold, bartered, or
				otherwise used for commercial purposes.
(2) A falconer may donate feathers from a
				falconry raptor, except golden eagle feathers, to any person or institution
				with a valid permit to possess them, or to anyone exempt from a permit
				requirement for feather possession.
(3) Except for primary or secondary flight
				feathers or retrices from a golden eagle (
Aquila chrysaetos
),
				the falconer is not required to gather feathers that are molted or otherwise
				lost by a falconry raptor. A falconer may leave the feathers where they fall,
				store them, or destroy them.
(4) A
				falconer must collect molted flight feathers and retrices from a golden eagle.
				If the falconer chooses not to keep them for imping, golden eagle
				(
Aquila chrysaetos
) feathers must be sent to the National
				Eagle Repository.
(5) Send all
				other feathers (including body feathers) collected from any falconry golden
				eagle (
Aquila chrysaetos
), that are not needed for imping, to
				the National Eagle Repository.
(6)
				Any feathers of falconry raptors in the possession of a falconer, except golden
				eagle (
Aquila chrysaetos
) feathers, whose permit is expired,
				suspended, or revoked must be donated to any person or any institution exempt
				from the permit requirement or authorized by permit to acquire and possess the
				feathers. If the feathers are not donated, they must be burned, buried, or
				otherwise destroyed.
Statutory Authority:
					 RCW
					 77.04.012,
					 77.04.020,
					 77.04.055,
					 77.12.047,
					 77.12.210, and C.F.R. Title 50,
					 Part 21, Subpart C, Section 21.29; Migratory Bird Treaty Act. 10-18-012 (Order
					 10-214), §
											232-30-570, filed 8/20/10,
					 effective 9/20/10.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-420 - Falconry › Section 220-420-380 - Disposition of carcasses of falconry raptors that die

Current through Register Vol. 24-14, July 15, 2024
(1) The entire body of a golden eagle
				(
Aquila chrysaetos
), including all feathers, talons, and other
				parts, must be sent to the National Eagle Repository.
(2) The body or feathers of any other species
				of raptor may be donated to any person or institution exempt or authorized by
				permit to acquire and possess such parts or feathers.
(3) The body of any raptor, except that of a
				golden eagle (
Aquila chrysaetos
), may be kept so that the
				feathers are available for imping, or that the body may be mounted by a
				taxidermist. The mount may be displayed in giving education programs. If the
				raptor was banded, the band must be left on the leg. If the raptor has an
				implanted microchip, the microchip must be left in place.
(4) If the raptor body or feathers are not
				donated or kept with the falconer, it must be burned, buried, or otherwise
				destroyed within ten days of the death of the raptor or after final necropsy by
				a veterinarian. Carcasses of euthanized raptors could pose a risk of secondary
				poisoning to scavenging wildlife. A falconer must take appropriate precautions
				to avoid such poisonings.
(5) If
				the raptor body and its parts are retained by the falconer, the body and its
				parts may be possessed for as long as the falconer has a valid falconry permit.
				Raptor bodies including all parts, and other state and federally protected
				birds, shall not be bought, sold, bartered, or otherwise used for commercial
				purposes.
Statutory Authority:
					 RCW
					 77.04.012,
					 77.04.020,
					 77.04.055,
					 77.12.047,
					 77.12.210, and C.F.R. Title 50,
					 Part 21, Subpart C, Section 21.29; Migratory Bird Treaty Act. 10-18-012 (Order
					 10-214), §
											232-30-580, filed 8/20/10,
					 effective 9/20/10.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-420 - Falconry › Section 220-420-390 - Provisions for accidental take by falconers

Current through Register Vol. 24-14, July 15, 2024
(1) When a raptor being used in falconry
				accidentally takes any species of wildlife (quarry) for which the hunting
				season is not currently open, the falconer must release the quarry if it is not
				seriously injured. If the quarry has been seriously injured or killed, the
				falconer may not retain or possess the quarry, but the raptor may feed upon the
				quarry before leaving the site of the kill.
(2) If the accidentally killed quarry is a
				species identified on the Washington candidate species list (for endangered,
				threatened, or sensitive status) or is a federally or state endangered or
				threatened species, or specifically identified by the director, the falconer
				shall, before leaving the site of the kill, record upon a form provided by the
				department, or upon a facsimile, the falconer's name, falconry permit number,
				date, species and sex (if known) of the quarry, and exact location of the kill.
				The falconer shall submit the information to the department by April 1st
				following the close of the current hunting season or within ten days of the
				kill if not during a hunting season. A falconer must also report take of any
				federally threatened or endangered listed species to the U.S. Fish and Wildlife
				Service.
(3) Accidental kill by any
				falconer in any license year shall not exceed a total of five individuals of
				any combination of species designated under subsection (2) of this section.
				Following an accidental kill by any falconer of any species designated under
				subsection (2) of this section, the falconer shall cease hunting for the
				day.
(4) Falconers must ensure that
				their activities do not cause the take of federally or state listed threatened
				or endangered wildlife, for example, by avoiding flying a raptor in the
				vicinity of the listed species. Notwithstanding any other section of this rule,
				take of species designated as endangered, threatened, or sensitive in
				Washington under WAC 220-200-100 or 220-610-010 is not permitted except by
				permit from the director.
(5)
				Violation of this section is an infraction, punishable under
				RCW
				77.15.160.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-420 - Falconry › Section 220-420-400 - Falconers assisting in rehabilitation of raptors to prepare them for release

Current through Register Vol. 24-14, July 15, 2024
(1) A general or
				master falconer may assist a state and federally permitted migratory bird
				rehabilitator or the department to treat and condition raptors in preparation
				for their release to the wild. The rehabilitator must provide the falconer with
				a letter, note, or form that identifies the raptor and explains that the
				falconer is assisting in its rehabilitation. A falconer may keep a raptor
				undergoing rehabilitation at an approved raptor facility. The facility does not
				need to meet rehabilitation facility standards. A falconer may assist the
				department by trapping raptors for rehabilitation, or for wildlife control for
				release back to the wild.
(2) A
				raptor held for rehabilitation does not need to be added to a falconry permit.
				It will remain under the rehabilitator's permit.
(3) Any raptor that cannot be permanently
				released to the wild must be returned to the rehabilitator or the department
				within the one hundred eighty-day time frame in which the rehabilitator is
				authorized to possess the raptor, unless the department authorizes the raptor's
				detention for longer than one hundred eighty days, or unless the rehabilitator
				or department transfers the raptor to the falconer to possess or hold under
				his/her falconry permit.
(4) Before
				releasing a threatened or endangered migratory raptor, it must comply with any
				requirements for the release from the department and the U.S. Fish and Wildlife
				Service.
Statutory Authority:
					 RCW
					 77.04.012,
					 77.04.020,
					 77.04.055,
					 77.12.047,
					 77.12.210, and C.F.R. Title 50,
					 Part 21, Subpart C, Section 21.29; Migratory Bird Treaty Act. 10-18-012 (Order
					 10-214), §
											232-30-560, filed 8/20/10,
					 effective 9/20/10.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-420 - Falconry › Section 220-420-410 - Releasing a falconry raptor to the wild permanently

Current through Register Vol. 24-14, July 15, 2024
(1) A species not native to Washington, or a
				hybrid of any kind, may not be permanently released to the wild
				intentionally.
(2) If the species a
				falconer wants to release is native to Washington and is captive-bred, it may
				not be released to the wild intentionally without permission from the
				department. The raptor may be hacked to the wild at an appropriate time of year
				and an appropriate location. If banded, the falconry band must be removed, and
				the falconer shall report the release.
(3) If the species a falconer wants to
				release is native to Washington and was taken from the wild, it may be released
				at an appropriate time of year and an appropriate location. If the raptor is
				banded with a cable-tie falconry band, the falconer must remove the band before
				releasing the raptor. The falconer shall report the release.
Statutory Authority:
					 RCW
					 77.04.012,
					 77.04.020,
					 77.04.055,
					 77.12.047,
					 77.12.210, and C.F.R. Title 50,
					 Part 21, Subpart C, Section 21.29; Migratory Bird Treaty Act. 10-18-012 (Order
					 10-214), §
											232-30-242, filed 8/20/10,
					 effective 9/20/10.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-430 - Game farms and shooting preserves › Section 220-430-010 - Game farm license provisions

Current through Register Vol. 24-14, July 15, 2024
It is unlawful to operate a game farm without a current,
				  valid Washington state game farm license. It is unlawful to sell those species
				  listed in subsection (2) of this section without a current, valid Washington
				  state game farm license except with the written permission of the
				  director.
(1) Under a current, valid
				license issued by the department, game farms licensed prior to January 1, 1992,
				may continue to possess, propagate, sell and transfer wildlife they lawfully
				possessed on January 1, 1992. Transfers of wildlife other than those species
				listed under subsection (2) are restricted to licensed game farms authorized by
				written license to possess said wildlife.
(2) Game farms licensed on or after January
				1, 1992, may purchase, possess, propagate, sell or transfer the following
				wildlife, except species designated as deleterious wildlife: Game birds -
				Pheasant, of the genus
Phasianus
; gray partridge of the genus
Perdix
; chukar of the genus
Alec-toris
; quail
				of the genus
Colinus
,
Callipepla
, and
Oreortyx
; waterfowl of the family
Anatidae.
(3)
				Application for a game farm license shall be made on a form provided by the
				department.
(4) The director or
				designee of the director may issue, with conditions or restrictions, a game
				farm license, if the applicant meets the requirements of subsection (1) or (2)
				above and complies with the following criteria:
(a) The applicant is the owner or tenant of
				or has a possessory interest in the lands, waters, and riparian rights shown in
				the application.
(b) The rearing
				and holding facilities are adequate and structurally sound to prevent the
				egress of game farm wildlife.
(c)
				Operating conditions are clean and humane.
(d) No hazards to state wildlife exist from
				the operation.
(e) The license
				covers only the immediate premises and areas described on the application where
				wildlife will be held.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-430 - Game farms and shooting preserves › Section 220-430-020 - Game farm invoice requirements

Current through Register Vol. 24-14, July 15, 2024
It is unlawful for a licensed game farm to transfer wildlife
				  unless the wildlife is accompanied by an invoice which must include the name
				  and address of the game farm, date of transfer, number and species transferred,
				  and the name and address of transferee. The invoice is the transferee's permit
				  to hold such game in captivity and must be retained during the time such
				  wildlife is in his possession. Game farms must retain a copy of all invoices on
				  the licensed premise for a period of two years from date of transaction and
				  must send a copy of the invoice or a list of transferees and species
				  transferred to the department with the game farm's annual
				  report.
Statutory Authority: RCW 77.12.040. 81-12-029 (Order 165),
					 §
											232-12-031, filed 6/1/81.
					 Formerly WAC 232-12-080.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-430 - Game farms and shooting preserves › Section 220-430-030 - Acquisition of wildlife by game farmer

Current through Register Vol. 24-14, July 15, 2024
A game farmer may acquire wildlife only from a licensed game
				  farm or other lawful source.
Statutory Authority: RCW 77.12.040. 81-12-029 (Order 165),
					 §
											232-12-034, filed 6/1/81.
					 Formerly WAC 232-12-090.