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RULE §65.270Notification, Reporting, and Recordkeeping

(a) A general or master falconer acting as a sponsor for an apprentice falconer shall notify the department in writing within ten days of terminating a sponsor-apprentice relationship.

(b) A permittee shall maintain a copy of all notifications required under this section for a period of five years. Notification under this subsection shall be made via the electronic database maintained by the FWS for that purpose. Except as specifically provided by paragraph (6) of this subsection, notification shall be within ten days of any event condition listed in this subsection. A permittee is required to provide notification:

  (1) upon acquisition of a raptor;

  (2) upon take of a raptor from the wild;

  (3) when a raptor is transferred by the permittee to another permittee;

  (4) when a raptor is rebanded;

  (5) when a raptor in the permittee's possession is stolen (a permittee must report a suspected stolen raptor to the appropriate local police jurisdiction);

  (6) at any time that a raptor in the possession of the permittee:

    (A) has been lost in the wild; and

    (B) 30 consecutive days have elapsed and the raptor has not been recovered by the permittee; and

  (7) when a raptor in the possession of a permittee dies.

(c) A falconer who captures a bird that belongs to another falconer must report the capture to the department within five days of capture. The department will determine the disposition of the raptor in the event that the owner of the raptor cannot be determined or located.

(d) A person who holds a permit issued under this subchapter shall:

  (1) upon a change of address within Texas, notify the department within 30 days of the change of address; and

  (2) within 30 days of relocation outside of Texas, notify both the department and the entity where the permittee has relocated that is legally responsible for the regulation of the possession of raptors for falconry purposes.

(e) A person who holds a permit issued under this subchapter shall notify the department within five business days of moving a facility regulated under this subchapter.

(f) A person who relocates to Texas and holds the valid equivalent of a permit issued under this subchapter issued by another state, territory, or tribe may retain, on a temporary basis until notified by the department that a falconry permit is being issued or denied, raptors the person lawfully possesses pursuant to such permit; however, the person shall submit an application for the appropriate Texas permit within 10 days of relocation to this state. The department will not issue a permit until the applicant's facilities have passed an inspection conducted by a department representative or designee. All inspections shall be in the presence of the permittee or the property owner (if the facility is located on property that is not owned by the permittee). A person who has complied with the requirements of this subsection and Parks and Wildlife Code, §49.003 may practice falconry, including hunting by means of falconry, in this state while awaiting the issuance of a Texas falconry permit, provided:

  (1) the person is not otherwise legally prohibited from possessing or hunting with raptors; and

  (2) if the person hunts by means of falconry, the persons possesses a nonresident hunting license that is valid for the species being hunted.

Source Note: The provisions of this §65.270 adopted to be effective June 3, 2010, 35 TexReg 4425; amended to be effective July 22, 2013, 38 TexReg 4639; amended to be effective January 29, 2019, 44 TexReg 432

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