| (a) Markers and bands.
(1) No person may possess an unmarked goshawk, Harris's
hawk, peregrine falcon, or gyrfalcon under a permit issued pursuant
to this subchapter unless the person has notified the department within
ten days of acquisition. Upon notification, the department shall issue
a Type 1 leg band, which must be attached to the raptor immediately
upon receipt.
(2) A person who takes a goshawk, Harris's hawk, peregrine
falcon, or gyrfalcon from the wild or acquires one from a rehabilitator
must band the raptor with a Type 1 leg band. Within ten days from
the date of take, the person shall report the take of the bird by
entering the required information (including the band number) in the
electronic database maintained by the FWS for that purpose. Upon request,
the department will supply a band in advance of capture.
(3) A person who possesses a raptor bred in captivity
must band the bird with a Type 2 leg band. If the band required by
this subsection is removed or lost, it must be reported within ten
days of removal or loss by contacting the department. The department
shall issue a replacement band upon notification. The person shall
band the bird with the replacement band immediately upon receipt of
the band and immediately upon rebanding shall submit all required
information electronically to the database maintained by the FWS for
that purpose.
(4) If a band is removed or lost from a raptor that
is not captive-bred, the person in whose name the raptor is possessed
must report the removal or loss within five days and request a replacement
band from the department. The person shall band the bird with the
replacement band immediately upon receipt and shall submit the required
information electronically immediately upon rebanding to the database
maintained by the FWS for that purpose.
(5) The department may exempt a permittee from the
banding requirements of this section for a raptor upon submission
of documentation proving that banding has caused health or injury
problems for the raptor. In such cases, the department will provide
the exemption in writing, and the permittee must:
(A) maintain the exemption notice at the permitted
facility where the raptor is kept; and
(B) possess the exemption notice on their person when
in possession of the raptor away from the permitted facility where
the raptor is kept.
(6) A wild-caught raptor may not be banded with a Type
2 band.
(7) It is unlawful for any person to alter, counterfeit,
or deface a marker, except that a permit holder may remove the rear
tab on markers and smooth an imperfect surface, provided the integrity
of the marker and numbering are not affected.
(b) Telemetry. No person authorized to fly a hybrid
raptor may free-fly the raptor unless at least two radio transmitters
are attached to the raptor.
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