Or. Admin. Code § 635-055-0035

Current through Register Vol. 63, No. 10, October 1, 2024

Section 635-055-0035 - Capture and Transportation of Raptors

(1) A raptor capture permit is required prior to capturing or attempting to capture any raptor. The permit holder must carry the permit on their person while conducting activities related to raptor capture.

(2) A non-resident falconer from a state having a federally approved falconry program may obtain a capture permit for species listed in 635-055-0020(3) with the exception of gyrfalcons. All non-resident applications must include a copy of the applicant's current state falconry license. All applicants for golden eagle capture must include a copy of the federal authorization to take and possess golden eagles. Only 20 non-resident capture permits will be issued in total each capture season. All non-resident capture permits, except for capture permits for peregrine falcons, will be issued on a first come first served basis.

(3) A nonrefundable application fee of $27.00 will be charged for each capture permit allowing the capture of one raptor per permit.

(4) Except for take of peregrine falcons, the Department will issue capture permits in the order applications are received. Capture permit applicants must hold a valid Oregon falconry license or a falconry license from a state having a federally approved falconry program. The category of species shall be listed on the permit (e.g. "golden eagle", "gyrfalcon", "goshawk", "northern harrier", "peregrine falcon" "red-shouldered hawk", or "other raptor") and the falconer is authorized to take only one raptor from the category specified. A falconer may apply for a capture permit in more than one category. A separate permit is required for each raptor taken from the wild. The falconer whose name appears on the permit must undertake the capture except for peregrine falcon nestlings. Permits are not transferable.

(5) Following authorized capture:

(a) The permit holder shall immediately validate the permit by recording the date, species, sex, county, and capture method and signing his/her name in the space provided.

(b) For a goshawk, gyrfalcon, golden eagle and peregrine falcon, the permit holder shall affix the permanent band issued with the permit by the Department, to one leg of the bird.

(c) Within five business days of capture, the permit holder shall take the bird to a Department office to have the permit certified.

(d) Within 10 days, the permit holder shall complete and submit the federal Migratory Bird Acquisition and Disposition (3-186A) form.

(6) Lost, hacked, escaped, or captive bred raptors may be re-trapped at any time without a capture permit. All other raptors captured shall be immediately released.

(7) Exportation of wild caught raptors -- No raptor taken from the wild in Oregon shall be transferred to another person residing outside the state unless held for six months or longer.

(8) An Oregon licensed falconer is allowed to retain legally captured raptors in their possession if they move from Oregon.

(9) Falconers are responsible for treatment and rehabilitation costs of raptors taken for falconry and injured during trapping efforts.

(10) The Department will not issue a falconry capture permit to any person who:

(a) Is awaiting prosecution for, or has been convicted of, any violation of the animal cruelty or animal abuse laws;

(b) Is awaiting prosecution for, or has been convicted of, a wildlife violation involving the illegal take of wildlife;

(c) Is awaiting prosecution for, or has been convicted of, aiding in the illegal take of wildlife; or

(d) Has had his or her hunting or fishing license suspended for a wildlife violation.

(11) A person who is denied a falconry capture permit pursuant to subsection (8) may appeal the decision through a contested case hearing.

Or. Admin. Code § 635-055-0035

FWC 170, f. 12-23-77, ef. 1-1-78; FWC 9-1980, f. & ef. 2-27-80; FWC 8-1981, f. & ef. 2-26-81; FWC 14-1982, f. & ef. 2-25-82; FWC 11-1983, f. & ef. 3-24-83; FWC 8-1986, f. & ef. 3-6-86; FWC 19-1990, f. & cert. ef. 2-28-90; FWC 40-1991, f. & cert. ef. 4-24-91; FWC 33-1992(Temp), f. & cert. ef. 5-11-92; FWC 116-1992, f. & cert. ef. 10-28-92; FWC 30-1993, f. & cert. ef. 5-5-93; DFW 33-2002, f. & cert. ef. 4-18-02; DFW 11-2008, f. & cert. ef. 2-21-08; DFW 19-2008, f. & cert. ef. 2-29-08; DFW 152-2008, f. 12-18-08, cert. ef. 1-1-09; DFW 25-2009(Temp), f. 3-10-09, cert. ef. 5-15-09 thru 8-31-09; Administrative correction 9-29-09; DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10; DFW 147-2009, f. & cert. ef. 12-15-09; DFW 4-2011, f. & cert. ef. 1-14-11; DFW 109-2011, f. & cert. ef. 8-9-11; DFW 21-2014, f. & cert. ef. 3-11-14; DFW 139-2015, f. 10-14-15, cert. ef. 1/1/2016; DFW 147-2017, amend filed 11/29/2017, effective 12/1/2017; DFW 165-2019, amend filed 10/29/2019, effective 12/1/2019; DFW 13-2020, amend filed 02/12/2020, effective 2/12/2020

Statutory/Other Authority: ORS 496.012, ORS 496.112, ORS 496.138, ORS 496.146, ORS 496.162 & ORS 497.061

Statutes/Other Implemented: ORS 496.012, ORS 496.112, ORS 496.138, ORS 496.146, ORS 496.162 & ORS 497.061