Wyoming Administrative Code › Agency 040 - Game and Fish Commission › Sub-Agency 0001 - Game and Fish Commission Regulations › Chapter 25 - FALCONRY AND RAPTOR PROPAGATION REGULATION › Section 25-7 - Raptor Capture Licenses

Current through July 13, 2024
Any person with a valid falconry permit desiring to take
				  raptors from the wild shall make written application for a general or limited
				  quota raptor capture license from the Department in accordance with the
				  following provisions:
(a) A permittee
				shall not receive more than two (2) general raptor capture licenses or one (1)
				general raptor capture license and one (1) limited quota raptor capture license
				in any calendar year. No person shall receive more than one (1) limited quota
				raptor capture license in any calendar year.
(b) For a general raptor capture license, an
				applicant shall submit a separate application and fee for each license applied
				for. The general raptor license capture area shall be the entire State of
				Wyoming. In accordance with the conditions contained in this Chapter, any
				species of raptor, except peregrine falcons (
Falco
				peregrinus
), may be taken from the wild under the authority of a
				general raptor capture license. Golden eagles shall only be taken in accordance
				with subsection (k)(iii) of this section.
(c) For a limited quota raptor capture
				license, a completed application and proper fee shall be submitted for limited
				quota raptor capture licenses for peregrine falcons (
Falco
				peregrinus
) to Headquarters not later than March 1 during the calendar
				year in which the licensee intends to take a peregrine falcon. If the deadline
				date occurs on a day when Headquarters has been closed to mail delivery or for
				license sales (weekends, holidays, etc.), applications received on the next
				business day by 5:00 pm mountain standard time shall be accepted as meeting the
				application deadline. The Department may issue a maximum of five (5) limited
				quota raptor capture licenses to capture peregrine falcons annually by drawing.
				In the drawing, four (4) licenses shall be reserved for residents and one (1)
				license shall be reserved for a nonresident. To establish the number of
				leftover licenses, the Department may continue to alternately draw from the
				list of unsuccessful applicants of each the resident and nonresident drawing
				against the established quota, until there are no unissued licenses for which
				there are applications. In the event there are more limited quota licenses
				available than applications received, the licenses shall be issued on a first
				come, first served basis beginning March 15 at 8:00am. The capture area shall
				be the entire state of Wyoming, except the lands within the Middle Fork of the
				Popo Agie River, Baldwin Creek or Sawmill Creek drainages in Fremont County are
				closed.
(d) Any wild raptor
				captured in the field shall be counted as one of the raptors the permittee is
				allowed to take from the wild that calendar year, unless the raptor is
				immediately released at the capture site.
(e) A permittee may not intentionally capture
				a raptor species that their classification as a falconer does not allow them to
				possess for falconry. If a permittee captures a raptor they are not allowed to
				possess, it shall be released immediately.
(f) A Master Falconer authorized by the
				Department shall take no more than two (2) golden eagles in any year from the
				wild and only in a livestock or wildlife depredation area during the time the
				depredation area is in effect. A livestock depredation area is declared by
				U.S.D.A. Wildlife Services and permitted under
				50
				CFR 22.23, revised as of October 1, 2018, and
				which does not include any later amendments or editions of the incorporated
				matter; or upon the request of the governor and authorized by the Service
				Director pursuant to
				50
				CFR 22.31, revised as of October 1, 2018, and
				which does not include any later amendments or editions of the incorporated
				matter, and
				50
				CFR 22.32, revised as of October 1, 2018, and
				which does not include any later amendments or editions of the incorporated
				matter. A copy of 50 CFR Part 22.23, 50 CFR Part 22.31 and 50 CFR Part 22.32
				can be viewed at any Department Regional Office or the Headquarters Office.
(i) The allocation of golden
				eagles to be taken from a designated depredation area shall be in accordance
				with the National Flyway Council Golden Eagle Allocation Procedure, revised as
				of March 2019, and which does not include any later amendments or editions of
				the incorporated matter. A copy of the National Flyway Council Golden Eagle
				Allocation Procedure can be viewed at any Department Regional Office or the
				Headquarters Office.
(g) All traps
				used for capturing raptors for falconry purposes shall be legibly marked or
				tagged with the permittee's name and address or current raptor capture license
				number. All raptor capture devices and setups shall be checked at least once
				per day while in use, except that all devices and setups used for capturing
				golden eagles shall be checked every thirty (30) minutes while in
				use.
(h) A permittee may take no
				more than two (2) raptors from the wild in any calendar year to use in
				falconry.
(i) If a permittee
				transfers a raptor taken from the wild to another permittee in the same year in
				which he captured it, the raptor shall count as one of the raptors the
				permittee is allowed to take from the wild that year; it will not count as a
				capture by the recipient.
(i)
				General or Master Falconers may remove eyas raptors from a nest or
				aerie.
(j) At the first opportunity
				to do so, but no later than ten (10) days after the capture of a wild raptor,
				the permittee shall report the capture by entering the required information,
				including band number or microchip information, in the U.S. Fish and Wildlife
				Service ePermit System or by submitting Service Form 3-186A to the Department.
				The permittee shall include the legal description to include 1/4 Sec.; Sec.;
				Twn.; Rng. or UTM coordinates using map datum NAD 83; of the nest site or
				location of capture.
(k) Other
				restrictions on taking raptors from the wild for falconry.
(i) An Apprentice Falconer may take any
				raptor less than one (1) year old from the wild at any time of the year, except
				eyas raptors and the following: any species listed as a national Species of
				Conservation Concern in the most recent list of "Birds of Conservation Concern"
				from the Service, a bald eagle, a white-tailed eagle, a Steller's sea-eagle, a
				golden eagle, or a federally listed threatened or endangered species. However,
				American kestrels and great horned owls may be taken from the wild that are
				over one (1) year of age.
(ii)
				General or Master Falconers may only take raptors less than one (1) year of age
				from the wild, at any time of the year, except American kestrels and great
				horned owls of any age may be taken from the wild.
(iii) Master Falconers authorized to possess
				golden eagles for use in falconry may capture an immature or subadult golden
				eagle in a livestock depredation area during the time the depredation area and
				associated depredation permit or depredation control order are in effect.
(A) A permittee may take an eyas golden eagle
				from its nest in a livestock depredation area if a biologist representing the
				agency responsible for declaring the depredation area has determined that the
				adult golden eagle is preying on livestock.
(B) A permittee may take a nesting adult
				golden eagle only if a biologist representing the agency responsible for
				declaring the depredation area has determined that the adult golden eagle is
				preying on livestock and that any eyas of the adult will be taken by a falconer
				authorized to possess it or by the biologist and transferred to an individual
				authorized to possess it.
(C) A
				permittee shall determine the locations of the livestock depredation areas
				declared by U.S.D.A. Wildlife Services, or published in the Federal Register by
				the Service in response to the governor's request.
(D) Before a permittee begins any eagle
				trapping activities, he shall inform the Regional U.S. Fish and Wildlife
				Service Law Enforcement office responsible for the area of the permittee's
				capture plans. The permittee shall notify the office in person, in writing, or
				via facsimile or email at least three (3) business days before the permittee
				begins trapping.
(E) A government
				employee who has trapped a golden eagle under federal, state, or tribal permit
				authority may transfer the bird to a permittee authorized to possess golden
				eagles for use in falconry.
(F) All
				devices and setups used for capturing golden eagles shall be checked every
				thirty (30) minutes while in use.
(iv) The permittee may recapture a lost
				raptor at any time. Recapture of a wild raptor is not considered to be taking a
				raptor from the wild.
(v) The
				permittee may capture a lost raptor wearing falconry equipment or a
				captive-bred raptor at any time, even if he is not allowed to possess the
				species. The raptor will not count against his possession limit, nor will the
				take from the wild count against his limit. The permittee must report the
				recapture of the raptor to the Department no more than five (5) working days
				after the capture. The raptor must be returned to the person who lost it, if
				that person may legally possess it. Disposition of a raptor whose legal
				ownership cannot be determined will be at the discretion of the
				Department.
(vi) A permittee may
				take any raptor that he is authorized to possess from the wild, even if the
				raptor is banded with a federal Bird Banding Laboratory aluminum band, except
				that banded peregrine falcons shall not be taken from the wild.
(A) If a captured raptor, including a
				peregrine falcon, is marked with a seamless metal band, a transmitter, or any
				other item identifying it as a falconry raptor, the raptor shall be reported to
				the Department no more than five (5) business days after the capture. A
				recaptured falconry raptor shall be returned to the permittee who lost it. If
				the permittee does not desire to possess the raptor, the permittee capturing
				the raptor may keep the raptor. Otherwise, disposition of a raptor whose legal
				ownership cannot be determined shall be at the discretion of the Department.
				While a permittee keeps a raptor for return to the person who lost the raptor,
				the raptor shall not count against his possession limit or his limit on take of
				raptors from the wild if he reported possessing the raptor to the
				Department.
(B) If a permittee
				captures a peregrine falcon that has a research band, such as a colored band
				with alphanumeric codes, or a research marking attached to the peregrine
				falcon, the peregrine falcon shall be immediately released, except that if the
				peregrine falcon has a transmitter attached to it, the permittee is authorized
				to possess the peregrine falcon up to thirty (30) days if he wishes to contact
				the researcher to determine if the researcher 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 designee can make the change or allow the
				permittee to do so before releasing it. If the researcher does not wish to keep
				the transmitter on the falcon, the permittee may keep the falcon if he captured
				the falcon in circumstances in which capture of wild peregrines is
				allowed.
(C) If a captured raptor
				has any other band, research marking, or transmitter attached to it, the
				permittee shall promptly report the band numbers and all other relevant
				information to the federal Bird Banding Laboratory at1-800-327 -2263. The
				permittee shall contact the researcher and determine if he wishes to replace a
				transmitter attached to the raptor. If so, the permittee is authorized to
				possess the raptor up to thirty (30) days until the researcher, his designee,
				or the permittee can replace the transmitter. Disposition of the raptor will be
				at the discretion of the researcher and the Department. If the permittee
				possesses such a raptor temporarily, it will not count against his possession
				limit for falconry raptors.
(vii) At least one (1) young raptor shall be
				left in any nest or aerie from which a permittee takes an eyas
				raptor.
(viii) General or Master
				Falconers may take no more than one (1) raptor of a threatened species from the
				wild each year if the regulations in
				50 CFR
				21.29, revised as of October 1, 2018, and
				which does not include any later amendments or editions of the incorporated
				matter; allows it and if the falconer obtains a federal endangered species
				permit to do so before taking the raptor. A copy of 50 CFR Part 21.29 can be
				viewed at any Department Regional Office or the Headquarters Office.