| (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.
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