CSV.2.13.070 Falconry

(a) Definitions. For the purposes of this subchapter, the following terms shall be construed to apply as follows:

(1) "Raptor" means a live, migratory bird of the following family groups:

(A) Falconidae - Falcons, Merlin and Kestrel.

(B) Accipitridae - Buteos, Accipiters, Kites, Harriers and Eagles, excluding the bald eagle.

(2) "Falconry" means the taking or attempting to take quarry by means of a trained raptor.

(3) "Take" means to trap, capture or pursue or attempt to trap, capture or pursue, a raptor for the purposes of falconry.

(4) "Marker" means a numbered, non-reusable marker supplied by the fish and wildlife service.

(5) "Imping" means a method of repairing broken flight or tail feathers.

(6) "Hacked back" means a gentle or gradual release technique used by falconers whereby a raptor released back into the wild is fully capable of competing with other raptors.

(7) 'Replacement raptor" means a raptor obtained to replace one which has died in captivity, has escaped or is released into the wild.

(8) "Fish and Wildlife Service" means the U.S. Department of Interior - Fish and Wildlife Service.

(b) Scope.

(1) The raptors covered by this section include species whose range extends into any part of Mexico or the United States. All individual birds of such species whether or not raised in captivity, and including any subspecies, even if the range of such subspecies does not include parts of the above countries, are covered by these regulations.

(2) No member shall import any wildlife for the purposes of this section from a foreign source without complying with applicable federal laws and regulations.

(1) No member shall take, possess, or transport any raptor for falconry purposes or practice falconry in the ceded territory without possessing a valid permit issued pursuant to this section or issued by another jurisdiction provided that the jurisdiction is listed in the federal regulations as a jurisdiction meeting federal falconry standards.

(2) The tribal conservation department is authorized to issue falconry permits pursuant to and in accordance with the provisions of this section. In issuing such a permit, the department may impose such additional conditions or requirements as it deems necessary or appropriate.

(d) Falconry Hunting.

(1) Established Seasons. Falconry permit holders may hunt the following species during the open seasons indicated (all dates are inclusive) and no member shall hunt by falconry except during the designated open seasons for the species indicated:

(A) All species of ducks except canvasbacks, mergansers and coots, and Gallinules, Sora, common snipe and wood-cock. Open Season is same day as opening day of hunting season rail, for same species established pursuant to Section CSV.2.10.030 and continuing for 107 consecutive days.

(B) Cottontail rabbit, fox, squirrel, and gray squirrel. Open Season is Year Around

(C) All other species of the harvest that are not prohibited by this ordinance except muskrat, mink, beaver, otter and fisher. Open Season is September 1 – March 31

(2) Let Lay Rule. A falconry permit holder whose raptor accidentally kills any protected species during the closed season or a protected animal or sex during the open hunting season shall leave the dead animal where it lies. The raptor may feed upon the dead animal prior to leaving the kill site.

(3) General Restrictions. The daily bag limits, possession limits, hunting hours and other regulations established by this ordinance generally applicable to hunting the species which also may be hunted by falconry shall apply to falconry hunting and no member shall fail to comply with such regulations when falconry hunting.

(e) Prerequisite to Obtaining a Falconry Permit. No member shall be eligible to obtain a falconry permit unless the member has answered correctly at least 80% of the questions on a supervised examination. The examination shall be provided by the fish and wildlife service and administered by a representative of the tribal conservation department or of the Commission's Biological Services Division relating to the basic biology, care and handling of raptors, literature, laws and regulations governing falconry. Applicants failing the required examination may repeat the examination after 30 days. Should a second failure occur, a one-year waiting period is required before the examination sequence may be repeated.

(f) Permit Application. Any member who wishes to practice falconry in the ceded territory, after successfully passing the examination, must apply for a falconry permit to the tribal conservation department on such forms as the department prescribes, provided the department requires the following information:

(1) Name, address, and tribal identification number.

(2) The number, species, age (if known), sex (if known), date of acquisition and source of each raptor legally possessed by current permit.

(3) The number, species, age (if known), sex (if known), and source of each raptor the applicant plans to acquire.

(4) Description and location of facilities where the raptor is or will be kept.

(5) Description of training areas.

(6) Date and time when facilities and training area will be ready for inspection.

(7) Statement that the information provided is true and correct and authorizing the tribal conservation department, or its designate, and federal agents to inspect raptors, facilities and equipment at any reasonable time following permit issuance.

(8) Signature of applicant.

(g) Facilities and Equipment.

(1) Upon receipt of the application for a falconry permit, the tribal conservation department, or its designate, shall inspect the applicant's facilities for keeping raptors and make a report concerning the acceptability of the required facilities and equipment.

(2) The proposed use of facilities or equipment other than specified shall be submitted to the tribal conservation department and may be permitted if found to insure the health and safety of the raptor to be possessed.

(3) The primary consideration for raptor housing facilities whether indoors (mews) or outdoors (weathering area) is cleanliness and protection from the environment, predators, or undue disturbance. The applicant shall have the following facilities:

(A) Indoor facilities (mews) shall be large enough to allow easy access for caring for the raptors housed in the facility. If more than one raptor is to be kept in the mews, the raptors shall be tethered or separated by partitions and the area for each bird shall be large enough to allow the bird to fully extend its wings. There shall be at least one window, protected on the inside by vertical bars, spaced narrower than the width of the bird's body and a secure door that can be easily closed. The floor of the mews shall permit easy cleaning and shall be well drained. Adequate perches shall be provided.

(B) Outdoor facilities (weathering area) shall be fenced and covered with netting or wire, or roofed to protect the birds from disturbance and attack by predators. The enclosed area shall be large enough to insure the birds cannot strike the fence when flying from the perch. Protection from excessive sun, wind and inclement weather shall be provided for each bird. Adequate perches shall be provided.

(4) The following items shall be in the possession of the applicant before a permit may be issued:

(A) Jesses – A minimum of one pair of Aylmeri jesses or similar type constructed of pliable, high-quality leather or suitable synthetic material to be used when any raptor is flown free. Traditional one-piece jesses may be used on raptors when not being flown.

(B) Leashes and swivels – A minimum of one flexible, leather resistant leash and one strong swivel of acceptable falconry design.

(C) Bath container – A minimum of one suitable container, 2 to 6 inches deep and wider than the length of the raptor, for drinking and bathing for each raptor.

(D) Outdoor perches – A minimum of one weathering area perch of an acceptable design shall be provided for each raptor.

(E) Weighing device – A reliable scale or balance suitable for weighing the raptor(s) held and graduated to increments of not more than 1/2 ounce (15 gram) shall be provided.

(5) No member shall fail to keep all facilities and equipment at or above the preceding standards at all times.

(h) Unsatisfactory Conditions. If the tribal conservation department determines there is improper treatment of any raptor or lack of adequate facilities as required by this section to properly care for any raptor, and if, following the receipt of notification from the department, the applicant fails to correct all discrepancies contained or listed in the notice within 48 hours after receipt of such notice, the department may revoke a permit or disapprove the application for a permit and seize any raptors in the possession of the applicant. Raptors so seized shall, whenever possible, be hacked back to the wild or disposed of as the department deems necessary.

(i) Permit Issuance Criteria. Upon receiving an application for a falconry permit, the tribal conservation department shall decide whether a permit should be issued. In making this decision, the department shall consider, in addition to those criteria listed in this section, the following factors:

(1) Whether such action would have a significant effect on the wild population of raptors.

(2) Whether the fish and wildlife service and the Commission's Biological Services Division concur that the applicant has met the requirements of federal and tribal law.

(j) Classes of Permits.

(1) Apprentice Class.

(A) An apprentice class permittee shall be at least 14 years old.

(B) A sponsor who is a holder of a general or master falconry permit is required for the first 2 years in which an apprentice permit is held, regardless of the age of the permittee.

(D) A sponsor shall submit an annual progress report in narrative form to the tribal conservation department by July 31 of each year.

(E) The sponsor shall notify the tribal conservation department at any time when the progress or performance of an apprentice is unsatisfactory.

(F) Upon completion of the apprentice requirement, the permittee must receive approval of the sponsor before advancing to the general class.

(G) An apprentice class permittee shall not possess more than one raptor and may not obtain more than one raptor for replacement during any 12-month period.

(H) An apprentice class permittee shall possess only an American kestrel or a red-tailed hawk.

(2) General Class.

(A) A general class permittee shall be at least 18 years old.

(B) A general class permittee:

(i) Shall have at least two years experience in the practice of falconry at the apprentice level and receive a written recommendation from the sponsor or produce documentation of qualified experience exceeding 2 years.

(ii) May not possess more than 2 raptors and may not obtain more than 2 raptors for replacement birds during any 12-month period.

(iii) May not take, transport or possess any golden eagle, merlin or any endangered or threatened species as defined in Section CSV.2.2.010(d) of this ordinance.

(3) Master Class.

(A) A master class permittee shall have at least 5 years experience in the practice of falconry at the general class level or its equivalent.

(B) A master class permittee:

(i) May not possess more than 3 raptors, and may not obtain more than 2 raptors for replacement birds during any 12-month period.

(ii) May not take, transport or possess any endangered or threatened species as defined in Section CSV.2.2.010(d) of this ordinance.

(iii) May not take, transport, or possess as part of his or her three-bird limitation, more than one raptor listed as a federally threatened species as prescribed by 50 CFR § 21.29 (e)(3)(r).

(k) Duration of Permits and Renewal. A falconry permit or the renewal of a falconry permit is valid when issued by the tribal conservation department and expires July 31 of each calendar year. The procedure for handling and deciding upon a permit renewal application shall be the same as for a new application.

(l) Taking and Disposal Restrictions.

(1) Season for Taking Raptors from the Wild.

(A) Young raptors not yet capable of flight (eyasses) may be taken by a general or master falconer during the period of March 26 through April 5 and May 15 through July 15 (inclusive). No permittee shall take more than 2 eyasses during the specified period.

(B) First year (passage or immature) raptors may be taken only during the period September 16 through December 31 (inclusive).

(C) In no case shall the total of all periods of raptor taking exceed 180 days during a calendar year, except that a raptor which has a federal marker attached may be retrapped at any time.

(2) Marking.

(A) Raptors held under a permit shall wear a numbered non-reusable marker supplied by the fish and wildlife service.

(B) No member shall fail to attach the marker to the raptor immediately upon acquisition.

(C) No member shall alter, counterfeit or deface a marker except that permittees may remove the rear tab on markers and may smooth any imperfect surface provided the integrity of the marker and numbering are not affected.

(D) Permit holders trapping previously marked raptors shall immediately report such trapping to the tribal conservation department.

(3) Eggs Taken from the Wild. No member shall remove any raptor egg or eggs from any nest unless authorized by a permit issued by the tribal conservation department.

(4) Nestling Raptors. General and master class permittees may take nestlings not yet capable of flight (eyassess) as provided in Section CSV.2.13.070(j), above.

(5) Adult Raptors. Only American kestrel and great horned owls may be taken when over one year old, except that any raptor other than federally endangered or threatened species taken under a depredation or scientific collector's permit may be used for falconry by general and master class permittees.

(6) Raptors Taken in the Ceded Territory. Title to raptors taken in the ceded territory remains in the Tribe and said raptors may be transferred in accordance with the provisions of Section CSV.2.13.070(p), below.

(7) Raptors from Outside the Ceded Territory. No member shall possess or transport raptors obtained from outside the ceded territory within the ceded territory unless accompanied by legal authority from the jurisdiction in which the raptor was acquired and provided a tribal falconry permit is in the member's possession.

(8) Escape or Death of Raptors. Falconry permittees shall report the loss of any raptor within 3 days to the tribal conservation department. All carcasses are to be disposed of as directed by the fish and wildlife service.

(9) Exchange of Raptors. Gift or transfer of a raptor to a holder of a tribal permit is allowed, but must be reported by the permittee within 3 days of such gift or transfer to the tribal conservation department.

(10) Trapping of Raptors.

(A) All live traps used in taking raptors shall be of humane design as to offer minimum harm to captured birds and shall be attended during reasonable time periods.

(B) All traps shall bear a legible label containing the name, address and tribal falconry permit number of the permittee.

(11) Training of Raptors. Permittees may train raptors by using or killing birds obtained from licensed game farms. A game farm receipt is required for any bird in possession. Such birds may be possessed year round and shall be treated in a humane manner and confined under sanitary conditions with proper care.

(m) Temporary Care.

(1) Qualified persons other than the permittee may temporarily care for the birds of a permittee if written permission from the permittee accompanies the birds when they are transferred.

(A) Temporary care for periods not exceeding 30 days shall provide an adequate perch and protection from extreme temperatures and excessive disturbance.

(B) Care periods exceeding 30 days shall meet the following requirements:

(i) The tribal conservation department shall be informed in writing by the permittee of this action within 3 days of the transfer and informed where the birds are being held, the reason for the transfer, who is caring for them and approximately how many days they will be in the care of the second person.

(ii) Such temporary care shall provide facilities which meet the standards established by this section.

(2) Diseased or injured raptors may be transported to the nearest, qualified rehabilitation facility. A permittee shall file with the tribal conservation department a report including the diagnosis by the facility within 5 days of the occurrence.

(n) Transportation.

(1) Temporary Holding. A raptor may be transported or held in temporary facilities for a period not to exceed 30 days. Such facility shall provide an adequate perch and protection from extreme temperatures and excessive disturbance.

(2) Use Beyond the Ceded Territory. A permittee may remove raptors held pursuant to a tribal permit from the ceded territory for meets, trials, hunting and other falconry activities provided the permittee obtains such permit or license as may be required by another jurisdiction.

(o) Release of Marked Raptors. A falconry permittee shall obtain written permission from the tribal conservation department before any raptor not indigenous to the ceded territory is intentionally released to the wild, at which time the marker from the released bird shall be removed. The marker from an intentionally released raptor which is indigenous to the ceded territory shall also be removed. A standard federal bird band shall be attached to such birds by a tribal or fish and wildlife authorized federal bird bander whenever possible.

(p) Permit Conditions. In addition to the general conditions set forth in this section, every falconry permit issued shall be subject to the following special conditions:

(1) Prohibitions. No permittee shall take, possess or transport a raptor in violation of the restrictions, conditions and requirements contained in this section.

(2) Trade or Transfer of Raptors.

(A) A permittee may trade or transfer a raptor to another permittee if the transaction occurs entirely within the ceded territory and no money or other consideration is involved.

(B) A permittee may trade or transfer a raptor to another permittee beyond the ceded territory if prior written approval of the other jurisdiction's agency which issued the permit is obtained and no money or other consideration is involved.

(3) Annual Report Requirement.

(A) By July 31 of each year, a permittee shall submit a falconry report to the tribal conservation department containing the following information:

(i) Name and address of the permittee.

(ii) Tribal permit number.

(iii) Species, sex (if known), age (if known), and marker number of each raptor added since the last reporting period. Where and from whom acquired.

(iv) Species, sex (if known), age (if known), and marker number of each raptor disposed of since the last reporting period and the method of disposition.

(v) Species, sex (if known), age (if known), and marker number of each raptor in possession as of June 30 of the year in which the report is filed.

(vi) Number and species of quarry captured during the legal season.

(B) Failure to report by July 31 may result in the non-renewal of a falconry permit.

(q) Other Restrictions.

(1) A member who possesses a lawfully acquired raptor before the enactment of these regulations and who fails to meet the permit requirements shall be allowed to retain the raptors. All such birds shall be identified with markers and cannot be replaced upon death, loss, release or escape of such raptors.

(2) A person who possesses raptors before the enactment of these regulations in excess of the number specified by the falconry permit shall be allowed to retain the extra raptors. All such birds shall be identified with markers and no additional raptors may be obtained until the number in possession is at least one less than the total number authorized by the class of permit held by the permittee.

(3) Feathers that are molted or those feathers from birds held in captivity that die may be retained and exchanged by permittees only for imping purposes.