Or. Admin. Code § 635-055-0037
Current through Register Vol. 63, No. 12, December 1, 2024
Section 635-055-0037 - Peregrine Falcon Capture Permit(1) During each capture season, the Department may issue capture permits to qualified falconers for an allowable take of no more than the (10) peregrine falcons. Peregrine falcon capture permits are not transferable. Upon taking the raptor authorized, the permit holder must: (a) Notify the Department by telephone or email within two days.(b) Immediately validate the permit by recording the date, species, sex, county, and capture method and signing his or her name in the space provided on the permit.(c) At the time of capture, the permit holder must affix the permanent plastic band, issued with the permit, to one leg of the bird.(d) Within five business days of capture, the permit holder must take the bird to a Department office to have the permit certified.(e) If a permit holder violates any of the rules or permit conditions, the Department will invalidate his or her peregrine capture permit. Taking of a peregrine falcon without a valid permit is a violation of these rules and is therefore an unlawful taking.(2) Oregon Residents: (a) A Master or General class falconer who possesses, at the time of capture, a current permit issued by the Department authorizing the capture (per OAR 635-0010) may take a nestling or fledgling peregrine falcon.(b) Peregrine capture permit applications (including fees) must be submitted to the Department's Salem headquarters office no later than March 1 of each year.(c) Qualified Master and General class falconers may submit only one peregrine capture permit application per capture season on the form provided by the Department.(d) If hand-delivered, an application must be received at Department headquarters office (4034 Fairview Industrial Drive, SE, Salem, OR, 97302-1142) by 5:00 p.m. on March 1.(e) If sent via postal mail, an application must be postmarked no later than March 1.(f) Successful resident applicants will be authorized to take a nestling from a natural nest site, or they may also accept a young peregrine falcon taken by persons (authorized by the Department) from man-made structures (but only where nestlings need to be removed from a nest during management or operational activities on the structures). Alternatively, the permit holder may take a post-fledgling bird.(g) Permits issued will include conditions crafted by the Department.(h) The following general conditions shall apply to all resident peregrine falcon capture permits:(A) Young falcons may be removed from their eyries (nests) between May 15th and June 30th but only when between 15 and 24 days of age. At least one nestling must be left in each eyrie prior to fledging.(B) Prior to entering any nest, a permit holder must monitor each potential nest site to assess the presence and occupancy of nesting peregrine falcons and determine the chronology of nestlings in the selected nest(s) by following a protocol and completing a form provided by the Department.(C) Permit-holders must contact in person or by phone Falconry Program staff at Salem Headquarters at least seven (7) days prior to proposed nest entry.(D) The permit holder must be present when the nestling is being removed from the eyrie.(E) Alternatively, a post-fledgling peregrine falcon may be taken (trapped) by a permitted Master or General falconer during the time period between when the falcon first flies from its nest through August 31st. The permit holder must be present at all times whenever a trap is in operation while attempting to take a post-fledgling peregrine falcon.(3) Non-Residents: (a) Non-residents must possess a Master falconers license from a state having a federally approved falconry program.(b) The non-resident application must be received by March 1.(c) The non-resident permit will be allocated by lottery.(d) The Department will notify the successful applicant and alternate by mail or email. If the applicant does not reply in writing (mail or email) within 10 calendar days, the applicant will be disqualified and the Department will offer the permit to the alternate. If no qualified nonresident applies for or accepts a peregrine falcon take permit, the allowable take will be allocated to a qualified resident applicant.(e) The non-resident permit holder may only accept a nestling peregrine falcon taken by persons (authorized by the Department) from man-made structures (but only where nestlings need to be removed from a nest during management or operational activities on the structures). Alternatively, the permit holder may take a post-fledgling bird.Or. Admin. Code § 635-055-0037
DFW 152-2008, f. 12-18-08, cert. ef. 1-1-09; 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 2/12/2020Statutory/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