| (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.
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| 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 |
