§ 27-2-17 - Falconry permits; duties, permitted acts, and prohibitions pertaining to permit holders - Georgia Statutes

O.C.G.A. 27-2-17 (2010)
27-2-17. Falconry permits; duties, permitted acts, and prohibitions pertaining to permit holders

(a) It shall be unlawful for any person to trap, take, transport, or possess raptors for falconry purposes unless the person first procures, in addition to a valid hunting license, a valid falconry permit as provided in Code Section 27-2-23, provided that it shall not be unlawful for a nonresident to transport or possess raptors in this state for falconry purposes if the person has a nonresident hunting/fishing license, as provided in Code Section 27-2-23, and a falconry license or permit from the state of residence of the person, which state meets federal falconry standards.

(b) There shall be three classes of falconry permits: apprentice, general, and master. Permittees shall comply with all standards, requirements, and limitations applicable to each class as provided in 50 C.F.R. Part 21, as now or hereafter amended. Prior to the issuance of any falconry permit, the applicant shall be required to answer correctly 80 percent of the questions on an examination administered by the department relating to the basic biology, care, and handling of raptors; the literature on raptors; and the laws and regulations pertaining to raptors. Permits to take, transport, or possess raptors shall be issued in accordance with the standards, requirements, and limitations set forth in 50 C.F.R. Parts 17 and 21, as now or hereafter amended.

(c) It shall be unlawful for any person to trap, transport, or possess a golden eagle (Aquila chrysaetos) unless authorized as provided in 50 C.F.R. Part 22, as now or hereafter amended.

(d) It shall be unlawful for a falconer to sell, purchase, or barter or to offer to sell, purchase, or barter any raptor to another falconer unless the raptor is marked on the metatarsus by a seamless, numbered band provided by the United States Fish and Wildlife Service, as required by 50 C.F.R. Part 21.

(e) No raptor may be possessed under authority of a falconry permit unless the permittee has a properly completed federal Form 3-186A Migratory Bird Acquisition/Disposition Report for each bird possessed.

(f) A raptor may be transported or held in temporary facilities, which shall be equipped with an adequate perch and protected from extreme temperatures and excessive disturbance, for a period not to exceed 30 days.

(g) Any person possessing raptors before July 1, 1992, in excess of the number allowed by his falconry permit may keep the extra raptors. All such raptors shall be identified by raptor markers furnished by the United States Fish and Wildlife Service and cannot be replaced, nor can any additional raptors be obtained, until the number possessed is at least one less than the total number authorized by said permit.

(h) A person who possesses a lawfully acquired raptor before July 1, 1992, and who fails to meet the falconry permit requirements shall be allowed to retain the raptors. All such birds shall be identified with raptor markers furnished by the United States Fish and Wildlife Service and cannot be replaced if death, loss, release, or escape occurs.

(i) It shall be unlawful for any person to alter, counterfeit, or deface a raptor marker furnished by the United States Fish and Wildlife Service; provided, however, that persons possessing a falconry permit may remove the rear tab and may smooth any imperfect surface, as long as the integrity of the marker and numbering is not affected.

(j) No permittee may take, purchase, or otherwise acquire, sell, barter, transfer, or otherwise dispose of any raptor unless such permittee submits a properly completed federal Form 3-186A Migratory Bird Acquisition/Disposition Report to the issuing office of the United States Fish and Wildlife Service and sends a copy of such form to the department within five calendar days of such transaction.

(k) All persons applying for a falconry permit and all permitted falconers shall, by application for said permit, be deemed to agree to make their raptor housing facilities and falconry equipment (including but not limited to mews, weathering areas, jesses, leashes and swivels, bath containers, perches, and weighing devices) available at reasonable times for inspection and certification as to compliance with federal standards by authorized agents of the department; provided, however, that no falconry permit may be issued until the applicant's raptor housing facilities and falconry equipment have been so inspected and certified.

(l) A falconry permittee shall obtain written authorization from the department before any species not indigenous to Georgia is intentionally released to the wild, at which time the released bird's marker, if any, shall be removed and surrendered to the department. The marker, if any, from an intentionally released bird which is indigenous to Georgia shall also be removed and surrendered to the department. A standard federal bird band shall be attached to such birds by the department or by a federal bird bander authorized by the United States Fish and Wildlife Service, whenever possible.

(m) A raptor possessed under authority of a falconry permit may be temporarily held by a person other than the permittee only if that person is otherwise authorized to possess raptors and only if the raptor is accompanied at all times by a properly completed federal Form 3-186A Migratory Bird Acquisition/Disposition Report designating the permittee as the possessor of record and by a signed and dated statement from the permittee authorizing the temporary possession.

(n) 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.

(o) It shall be unlawful for apprentice falconers to take young raptors not yet capable of flight (eyasses). General or master falconers may take such birds only between May 1 and June 30, provided that no more than two such birds may be taken by any permittee during this period.

(p) First-year (passage) raptors may be taken by permittees only from September 1 through December 31.

(q) Marked raptors may be retrapped at any time by holders of valid falconry permits.

(r) Only American kestrels (Falco sparverius) and great-horned owls (Bubo virginianus) may be taken when over one year old, except that any raptor taken under a depredation (or special purpose) permit, other than endangered or threatened species, may be used for falconry by general and master falconers.

(s) It shall be lawful for a falconer meeting the requirements of this Code section to take small game with raptors, provided that the falconer observes the provisions of this Code section and the laws and regulations regulating the taking of small game.

(t) Raptor propagation and activities associated with raptor propagation are permitted in accordance with the provisions of 50 C.F.R. Part 21, as now or hereafter amended. No additional state permit is required; provided, however, that all persons engaging in such activities shall submit one copy of each federally required report to the department at the time such report is submitted to federal authorities.

(u) Holders of Georgia falconry permits may transport the raptors held under their permits within this state, may remove the raptors from this state for meets, trials, and hunting in other states, and may bring such raptors back into this state without obtaining a Georgia importation permit; provided, however, that any person transporting a raptor into another state shall obtain any permit or license required for his activities by the state into which he transports the raptor.

(v) A falconry permittee may import into this state a legally acquired raptor without obtaining a Georgia wildlife importation permit if a properly completed federal Form 3-186A Migratory Bird Acquisition/Disposition Report shall accompany each raptor during importation and the permittee complies with all applicable requirements of the state of origin.

(w) It shall be lawful for a nonresident to take or attempt to take raptors from the wild in this state if the nonresident has a valid general or master level falconry permit from such person's state of residence and a valid Georgia nonresident hunting/fishing license and if such person's state of residence provides the same privileges to residents of Georgia.