| (a) All permit applications shall be made using forms
supplied by the department. An application shall contain a signed
and dated statement showing that the applicant agrees that the permittee's
falconry facilities, equipment, and raptors may be inspected without
advance notice by the department. If the applicant is not the owner
of the property where raptors are housed under this subchapter, the
application shall contain a signed and dated statement showing that
the owner of the property agrees that the falconry facilities, equipment,
and raptors may be inspected without advance notice by the department.
(b) Educational or school programs may not be used
to satisfy the experience requirements of paragraphs (1) - (4) of
this subsection.
(1) An applicant for an apprentice falconry permit
must be at least 12 years of age.
(A) If the applicant is under the age of 18, a parent
or legal guardian must sign the application. By signing an application,
a parent or legal guardian agrees to be legally responsible for the
actions of the applicant with respect to the requirements of this
subchapter. Nothing in this subparagraph shall be construed to relieve
any person under the age of 18 of any legal responsibility for failure
to abide by the provisions of this subchapter.
(B) An application for an apprentice permit must be
accompanied by:
(i) a letter from a general falconer with at least
two years' experience at that level, or a master falconer, stating
that the person agrees to be the applicant's sponsor; and
(ii) an original, signed certification that the applicant
is familiar with the federal falconry regulations in Title 50 of the
Code of Federal Regulations and is aware that submission of false
information is an offense under 18 U.S.C. 1001.
(C) The department will not issue a permit at the apprentice
level 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).
(2) An applicant for a general falconry permit must
be at least 16 years of age.
(A) If the applicant is under the age of 18, a parent
or legal guardian must sign the application. By signing an application,
a parent or legal guardian agrees to be legally responsible for the
actions of the applicant with respect to the requirements of this
subchapter.
(B) An application for a general permit must be accompanied
by a signed attestation from the applicant's sponsor, who must be
a general or master falconer, that the applicant has maintained, trained,
flown (which may include releasing to the wild) and hunted with raptors
trapped from the wild by the applicant for at least four months in
each of at least two years during which the person has been permitted
to practice falconry. The trapping requirement of this subparagraph
does not apply to a raptor trapped under the provisions of 65.271(e)(3)
of this title (relating to Trapping).
(3) An applicant for a master falconry permit must
have been permitted to practice falconry at the general level for
a minimum of five years.
(4) An applicant for a raptor propagator permit must:
(A) be a resident of Texas;
(B) be 18 years of age or older;
(C) have at least five years of experience in the practice
of falconry; and
(D) possess a valid general or master permit.
(5) An applicant for a nonresident trapping permit
must possess a license, issued by their state of residence, equivalent
to a Texas falconry permit.
(c) The department will not issue an apprentice permit
if the applicant has not taken a department-administered examination
and scored at least 80.
(d) The requirements of subsections (b) and (c) of
this section do not apply to applications for a nonresident trapping
permit.
(e) A person who has allowed a falconry permit to expire
is entitled to permit issuance at the level the person held at the
time of permit expiration, provided not more than five years has elapsed
from the date of expiration. If more than five years has elapsed since
expiration, the person must take a department-administered falconry
examination and record a score of at least 80.
(f) The department will not issue a permit under this
subchapter to a person who has relocated to Texas while holding the
valid equivalent of a permit issued under this subchapter issued by
another state, territory, or tribe 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).
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| Source Note: The provisions of this §65.264 adopted to be effective June 3, 2010, 35 TexReg 4425; amended to be effective July 22, 2013, 38 TexReg 4639; amended to be effective December 4, 2022, 47 TexReg 7909 |
