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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 2TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 65WILDLIFE
SUBCHAPTER KRAPTOR PROCLAMATION
RULE §65.272Transfer, Sale, and Donation

(a) No person shall purchase, sell, trade for anything of value, barter or offer to purchase, sell, trade for anything of value, or barter a wild raptor.

(b) Except as provided for in §65.271(e)(3) of this title (relating to Trapping), a raptor trapped from the wild shall count against the annual trapping limit of the person who trapped the bird, even if the raptor is transferred to another permittee.

(c) A lawfully caught wild raptor may be transferred to a qualified out-of-state resident in the same year that it was trapped; however, no person may make more than one such transfer per permit year.

(d) A falconer may buy raptors from any legal source and may buy, sell, purchase, barter, and offer to buy sell, purchase, or barter captive-bred raptors to another falconer in this state and to persons outside the state who are authorized under federal and state law to purchase raptors. A captive-bred raptor that is bought, sold, or bartered must be banded with a Type 2 band.

(e) A falconer may transfer a raptor to another falconer, provided the possession limits established by this subchapter are not exceeded.

(f) A falconer may transfer a wild-caught raptor to:

  (1) the holder of a raptor propagation permit, provided:

    (A) the raptor is a sharp-shinned hawk, Cooper's hawk, merlin, or American kestrel and has been used in falconry for a minimum of one year; or

    (B) the raptor is any species of raptor other than the species listed in subparagraph (A) of this paragraph and has been used in falconry for a minimum of two years;

  (2) a person other than a raptor propagator who is permitted to possess raptors, provided a licensed veterinarian or permitted wildlife rehabilitator has certified that the raptor is no longer capable of being used for falconry. A permittee who transfers a raptor under the provisions of this paragraph shall furnish the certification and a copy of the permittee's federal form 3-186A to the federal permits office responsible for administering the permit type held by the person to whom the raptor is transferred.

(g) A permitted rehabilitator may transfer a raptor to a general or master falconer for use in falconry, provided the transfer is reported under the provisions of §65.270 of this title (relating to Notification, Reporting, and Recordkeeping Requirements). A raptor acquired from a rehabilitator counts against the possession limits established under the provisions of §65.267 of this title (relating to Permit Privileges and Restrictions) for the person holding the raptor.

(h) A surviving spouse, executor, administrator, or other legal representative of a deceased falconry permittee may transfer any bird held by the permittee to another authorized permittee within 90 days of the death of the falconry permittee. After 90 days, disposition of a bird held under the permit is at the discretion of the department.


Source Note: The provisions of this §65.272 adopted to be effective June 3, 2010, 35 TexReg 4425; amended to be effective January 29, 2019, 44 TexReg 432

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