N.Y. Comp. Codes R. & Regs. tit. 6 § 173.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 173.9 - Abatement

(a) A master falconer may use raptors held under the authority of his/her falconry license for abatement activities provide:

(1) the falconer possesses a valid USFWS permit authorizing the use of raptors for abatement activities;

(2) the species of raptor(s) to be used for abatement activities are authorized under the falconer's USFWS permit;

(3) the falconer submits a copy of their USFWS permit authorizing the use of raptors for abatement activities to the department prior to conducting abatement activities;

(4) the falconer maintains accurate records of abatement operations on a calendar-year basis.

(b) Only captive-bred raptors banded with a seamless, numbered band issued by the USFWS may be used for abatement activities.

(c) Wild caught raptors may not be used for abatement activities.

(d) Raptors flown for abatement activities shall not be used to scare, herd, flush or haze species listed as endangered or threatened unless such scaring, herding, flushing or hazing is authorized under a separate license issued by the department.

(e) Migratory birds may not be killed, captured or injured during the course of abatement activities unless such killing, capturing or injuring is authorized by a USFWS Migratory Bird Depredation permit in which the falconer is identified as a subpermittee or under a Federal Depredation Order.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 173.9