10.1.1. It is illegal to take at any time any golden eagle or any species of raptor listed as threatened or endangered in appropriate State or Federal rules or regulations.

10.1.2. Only resident falconers may take raptors from the wild for the purposes of falconry.

10.1.3. Resident falconers may only take American kestrels (Falcon sparveri us) and red-tailed hawks (Buteojamaicensis) from the wild for the purpose of falconry.

10.1.4. Resident falconers who desire to take either of the two species listed in Subdivision 10.1.3 of this Section shall obtain a scientific collecting permit from the Director. Any permit for collecting birds from the wild shall include, as a provision of collection, the written permission of the landowner, including State and Federal agencies, from which the birds would be taken.

10.1.5. Immature raptors of the species listed in Subdivision 10.1.3 of this Section which are not yet capable of flight (eyases) may only be taken by a General or Master Falconer during the period of May 1 to June 15, and no more than two eyases may be taken by the same permittee during the specified period.

10.1.6. First-year passage) birds may be taken only during the period of September 1 to November 30.

10.1.7. A marked or banded raptor may be retrapped at any time.

10.1.8. Only American Kestrels (Falco sparveri us) may be taken when over one year old for falconry. Any raptor listed as other than threatened or endangered species listed by state or federal laws, rules or regulations, taken under the authority of a depredation or special purpose permit issued by the U.S. Fish and Wildlife Service may be used for falconry by General and Master class falconers.

10.2. Other Restrictions and Provisions.

10.2.1. Any person who possesses a lawfully acquired raptor before the enactment of this rule and who fails to meet the permit requirements of this rule shall be allowed to retain the raptors, provided he or she meets all the housing requirements listed in Subdivision 6.1.1 of this rule and provided further that the raptor is not used for falconry purposes by the holder. Any person possessing raptors under the authority of this section shall also comply with the provisions of the Division’s rule, Miscellaneous Permits and Licenses 58 CSR 64-2.1.3. These birds shall be identified with markers supplied by the Director and cannot be replaced if death, loss, release, or escape occurs.

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