Rule 12.6.1133 - TRANSFER OF RAPTORS TO ANOTHER TYPE OF PERMIT(1) Under some circumstances a permittee may transfer a raptor to another permit type if the recipient of the bird, including the permittee, possesses the necessary permits for the other activity.(2) A permittee may transfer a wild-caught falconry bird to a raptor propagation permit after the bird has been used in falconry for at least two years, except one year for a sharp-shinned hawk, a Cooper's hawk, a merlin, or an American kestrel. Upon transfer, a copy of form 3-186A documenting acquisition of the bird by the propagator must be provided to the federal migratory bird permit office that administers the propagation permit. The bird must be banded with a permanent, nonreusable, numbered band issued by the department.(3) Raptors held under a falconry permit may be used for captive propagation if the person overseeing the propagation has the necessary propagation permits. The raptor does not need to be transferred from the falconry permit if it is used for fewer than eight months in a year in captive propagation. If used more than eight months, the bird must be permanently transferred to the propagation permit. The bird must then be banded with a permanent, nonreusable, numbered band issued by the department.(4) A permittee may transfer a wild-caught bird to another permit type in less than two years, except one year for a sharp-shinned hawk, a Cooper's hawk, a merlin, or an American kestrel if the bird has been injured and a veterinarian or permitted wildlife rehabilitator has determined that the bird can no longer be flown for falconry. (a) When the bird is transferred, a copy of form 3-186A documenting acquisition of the bird must be provided to the federal migratory bird permit office that administers the other permit type; and(b) a copy of the certification from the veterinarian or rehabilitator that the bird is not useable in falconry must be provided to the federal migratory bird permits office that administers the other permit type.(5) Captive-bred falconry raptors may be transferred to another type of permit if the holder of the other permit type is authorized to possess the bird. Within ten days, the transfer must be reported by submitting a standard paper form 3-186A to the department.Mont. Admin. r. 12.6.1133
NEW, 2009 MAR p. 1470, Eff. 8/28/09.87-5-204, MCA; IMP, 87-5-204, MCA;