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RULE §65.274Miscellaneous Provisions

(a) Hacking. A hacked raptor counts against the possession limits established by this subchapter.

(b) Imping.

  (1) For imping purposes, a falconer may possess the flight feathers of those species of raptors the falconer is authorized to possess and may obtain such feathers from or give such feathers to another falconer, a licensed wildlife rehabilitator, or a licensed raptor propagator; however, no person may buy, sell, or barter raptor feathers. Feathers from any raptor other than a golden eagle may be donated to any person or institution authorized by state or federal law to accept or possess them.

  (2) A person who possesses a golden eagle must collect all primary and secondary flight feathers and retrices (tail feathers) that are molted or otherwise shed. Feathers that are not retained for imping purposes must be mailed to the National Eagle Repository, Rocky Mountain Arsenal, Building 128, Commerce City, Colorado 80022.

  (3) If a permit issued under this subchapter is revoked by the department or expires without renewal, the person whose permit is revoked or expired must destroy all feathers in possession or donate them to a person or institution authorized to obtain and possess them. Golden eagle feathers may not be destroyed and must be mailed to the National Eagle Repository.

  (4) Feathers that are molted and feathers from raptors that die in captivity may be retained and exchanged by permit holders only for imping purposes.

(c) Raptor rehabilitation. A falconer may assist a permitted migratory bird rehabilitator in conditioning raptors for release to the wild and may keep such a raptor in a falconry facility. Such birds do not count against the falconer's possession limit under §65.267 of this title (relating to Permit Privileges and Restrictions); however, the facility standards set forth in §65.268 of this title (relating to Equipment and Facility Standards; Related Provisions) apply to rehabilitation birds temporarily housed in a falconry facility, provided the falconer:

  (1) is listed as a subpermitee on the rehabilitator's permit; and

  (2) possesses a letter or form, signed by the rehabilitator, certifying that the raptor is being temporarily possessed for rehabilitation purposes. The form shall include the rehabilitator's name, physical address, telephone number, and permit number.

  (3) Within 180 days, a raptor possessed by a permittee under the provisions of this subsection shall be:

    (A) released to the wild;

    (B) transferred to the permittee as a raptor under the permittee's falconry permit; or

    (C) returned to the rehabilitator from whom the raptor was obtained, unless the permittee has been specifically authorized in writing by the department to retain the raptor for longer than 180 days.

  (4) A raptor that cannot be permanently released to the wild shall be returned to the rehabilitator from whom the raptor was obtained.

(d) Disposition of raptor mortalities. If a raptor possessed under a permit issued under this subchapter dies, the raptor shall be disposed of as provided in this subsection. A raptor may be necropsied to determine the cause of death, but must be buried or destroyed within ten days of necropsy, except as provided by paragraph (2) of this subsection.

  (1) The body and/or feathers of a dead raptor may be donated to any person or institution authorized to obtain or possess the raptor or its feathers.

  (2) The body and/or feathers of a dead raptor may be preserved, mounted and retained by the permittee, and may be used in educational programs. If the bird was banded, the band must remain on the raptor.

  (3) If the body or feathers of a dead raptor are not donated as provided by §65.272 of this title (relating to Transfer, Sale, and Donation) the flight feathers or taxidermic body mount of the raptor may be possessed for as long as a valid falconry permit is maintained by the falconer who possessed the raptor; however, the falconer must maintain the paperwork documenting the acquisition of the bird.

  (4) The body of a golden eagle (including all feathers not retained for imping purposes, talons, and other parts) that dies while possessed under a falconry permit shall be sent to the National Eagle Repository.

Source Note: The provisions of this §65.274 adopted to be effective June 3, 2010, 35 TexReg 4425

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