N.M. Admin. Code § 19.35.8.10

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.35.8.10 - CLASSES OF FALCONER PERMITS AND AUTHORIZED POSSESSION

A. Apprentice permit:

(1) An apprentice falconer permittee may possess one American kestrel (Falco sparverius) or one red-tailed hawk (Buteo jamaicensis).

(2) An apprentice falconer may conduct abatement activities only as a subpermittee of a master falconer who holds an abatement permit.

(3) An apprentice falconer may present a conservation education program when accompanied by a master or general permit holder. A conservation education program shall provide information on raptor biology, ecological roles and conservation needs, and the permit holder may charge a fee to cover costs.

B. General permit:

(1) A general falconer permittee may possess not more than three raptors (including hybrids). The permittee may possess any wild-caught or captive-bred raptor except for eagle species and any other species restricted by the department.

(2) A general falconer may conduct abatement activities only as a subpermittee of a master falconer who holds an abatement permit.

(3) A general falconer may use a bird held under a falconer permit for conservation education programs presented in a public venue. A conservation education program shall provide information on raptor biology, ecological roles and conservation needs and the permit holder may charge a fee to cover costs.

(4) A general falconer with two or more years of experience at the general falconer level may sponsor up to two apprentice falconers.

C. Master permit:

(1) The master falconer permit shall authorize the permittee to possess not more than five wild-caught raptors and unlimited captive-bred raptors (including hybrids) if used for falconry, not to include any species listed as endangered in Title 50, Code of Federal Regulations, Part 17, except captive-bred endangered species per Title 50 Code of Federal Regulations, Part 17.

(2) The five wild-caught raptors authorized may include no more than a total of three golden eagles, white-tailed eagles, or Steller's sea eagle, and may include not more than three raptors listed as threatened in Title 50, Code of Federal Regulations, and then only in accordance with the provisions of Part 17.

(3) To possess a golden eagle, white-tailed eagle, or Stellar's sea eagle, a master falconer shall submit to the department a written request to possess individuals of the listed species. The written request must contain a description of the applicant's experience in handling large raptors, including information about the species handled and the type and duration of the activity in which the applicant has engaged. The written request required by this subsection must be accompanied by at least two letters of reference from people with experience handling or flying large raptors such as eagles, ferruginous hawks (Buteo regalis), goshawks (Accipiter gentilis), or great horned owls. Each letter of reference must contain a concise history of the applicants experience with large raptors, and must attest to the applicant's ability to care for eagles and fly them in falconry. A master falconer may take up to two golden eagles within a calendar year where it is permitted under a depredation permit.

(4) A master falconer may conduct abatement activities with raptors possessed under his or her falconry permit, provided the raptors are captive-bred and the permittee has obtained a federal abatement permit for that purpose. No person other than the master falconer to whom an abatement permit has been issued and their subpermittee falconers may use a raptor possessed under a falconry permit to conduct abatement activities.

(5) A master falconer may receive payment, and may pay a general or apprentice falconer for providing abatement services under a federal permit for that purpose.

(6) A master falconer may use a raptor held under a falconer permit for conservation education programs presented in a public venue. A conservation education program shall provide information on raptors' biology, ecological roles and conservation needs, and the permit holder may charge a fee to cover costs.

(7) A master falconer may sponsor up to three apprentices.

D. Temporary foreign visitor permit:

(1) The temporary foreign visitor falconer permit shall authorize the permittee to possess no more than three captive-bred raptors or hybrids if the permittee is determined to be a general class falconer or five captive-bred raptors or hybrids if the permittee is determined to be a master class falconer.

(2) A temporary foreign visitor falconer may conduct abatement activities only as a subpermittee of a master falconer who holds an abatement permit.

(3) A temporary foreign visitor falconer may not act as a sponsor for an apprentice falconer.

E. Nonresident reciprocity:

(1) The department shall grant reciprocity and accept a permit issued to a nonresident falconer temporarily in New Mexico.

(2) The department shall accept a permit issued to a non-resident falconer permanently moving to New Mexico for the period required to establish residency and to meet all other requirements to qualify for a New Mexico resident falconer permit.

N.M. Admin. Code § 19.35.8.10

19.35.8.10 NMAC - Rp, 19 NMAC 35.1.9, 1/1/2012