AS APPROVED - 04/08/2010
EMERGENCY REGULATIONS - CHAPTER 6 - FALCONRY
PART I - REQUIREMENTS FOR POSSESSION OF RAPTORS FOR FALCONRY
ARTICLE I - GENERAL PROVISIONS
#600 - DEFINITIONS
A. "Alymeri Jesses" are leather (or a suitable similar material) bracelets affixed to each leg with a grommet through which a leather strap passes freely so that an escaped bird will lose the leather strap.
B. "Falconry" means the sport of hunting or taking quarry with a trained raptor. The term "hawking" shall be synonymous with falconry.
C. "Falconry Field Meet" means a state or nationally sponsored event in which falconers fly their birds exhibiting the skills of the raptor and the falconer.
D. "Falconry license" means a possession of raptor license as provided for in Article 4 of Title 33.
E. "Hybridization" means the breeding of raptors of different species.
F. "Raptor" means any migratory bird that is a member of falconiformes or strigiformes and, specifically, but not by way of limitation, means falcons, hawks, owls, and eagles.
G. "Sponsor" means a master falconry license holder who serves as a mentor to an apprentice licensee for the first two years the apprentice is licensed. The purpose of the sponsor is to provide adequate guidance and instruction to the apprentice concerning all aspects of the sport of falconry.
H. "Zoological Institution" means an institution operated and funded wholly or in part by a political subdivision of the state or of a city to display wildlife to the public.
#601 - Exemptions for species of raptors from laws generally applicable to threatened and endangered species are set forth in Wildlife Commission regulation #1000.
#602 - DEATH, ESCAPE OR RELEASE OF A RAPTOR
A. Any person possessing a falconry license or a U.S. Fish and Wildlife Service Raptor Propagation License who loses a raptor through death or escape shall notify the Division, in writing, within five (5) days of such loss. Dead birds shall be immediately frozen or necropsied by a qualified pathologist or Doctor of Veterinary Medicine. If frozen they shall be preserved in this manner for twenty (20) days immediately after death and, upon request, delivered to the Division. If necropsied, the necropsy report which shall include a statement on destruction or disposition of the carcass shall be sent to the Division within ten (10) days of death.
1. Feathers that are molted or those feathers from birds held in captivity that die, may be retained and exchanged by licensees only for imping purposes.
B. Intentional release of raptors shall be in accordance with the General Provisions Chapter of the Wildlife Commission regulations, except that the permanent marker (band) from any intentionally released raptor must be removed upon release and surrendered to the Division within five (5) days of such release.
C. Any subspecies cross or hybrid of the Family Falconidae or any species or subspecies of the Family Falconidae not native to Colorado or any peregrine falcon captured from the wild in Colorado shall have a tag or marker identifying the licensee or permittee and a functioning radio telemetry transmitter attached to said bird whenever flown free of a tether.
ARTICLE II - LICENSING AND FACILITY REQUIREMENTS
#603 - APPLICATION - EXAMINATIONS - LICENSING
A. No person shall take, transport, possess or maintain in captivity any raptor or practice falconry unless they first secure a license permitting the possession of raptors. Zoological institutions and the U.S. Air Force Academy shall not be required to secure such licenses, but shall submit reports and otherwise comply with the provisions of this chapter.
B. Falconry license applicants must pass a written examination relating to basic biology, care and handling of raptors, literature, laws, regulations and other appropriate subject matter given by the Division. The applicant shall be required to answer correctly at least eighty (80) percent of the questions on the written examination. Failure of the examination will result in a 30 day waiting period after the date of the written examination before reexamination.
C. All falconry licenses are nontransferable and except as provided in subsection D. below, will expire on December 31 of each year. All licensees shall notify the Division's Special Licensing Unit of any change of address within thirty (30) days of said change.
D. The Division shall issue a three-year "possession of raptor" license. Such license shall expire on December 31 of the third year of the term of the license.
#604 - APPRENTICE LICENSE
A. A licensee shall be at least fourteen (14) years old.
B. A sponsor is required for the first two years in which an apprentice license is held, regardless of the age of the licensee.
C. In the event sponsorship is terminated, the holder of an apprentice raptor license must obtain a new sponsor within thirty (30) days of termination, or his apprentice raptor license will be revoked.
D. A licensee shall not possess more than one raptor and may not obtain more than one raptor from the wild for replacement during any twelve (12) month period.
E. A licensee shall possess only an American kestrel (Falco sparverius), or a red-tailed hawk (Buteojamaicensis).#605 - GENERAL LICENSE
A. A licensee shall be at least eighteen (18) years old.
B. A licensee shall have at least two (2) years experience in the practice of falconry at the apprentice level (must have flown a bird for a minimum of 8 months over a two year period) as certified by his/her sponsor on a form provided by the Division.
C. A licensee may not possess more than two raptorsand may not obtain more than two (2) raptors from the wild for replacement birds during any twelve (12) month period.
D. Evidence that the applicant has had a valid falconry license or permit in another state for at least twenty-four (24) consecutive months may be substituted for the apprentice license requirement. Nonresidents who are in possession of a raptor, licensed in another state, who wish to establish residency in Colorado must obtain a nonresident falconry hunting license until residency requirements are met as defined in 33-1-102(38).
E. A licensee may not take from the wild in Colorado or possess any golden eagle or any species listed as threatened or endangered.
#606 - MASTER LICENSE
A. An applicant shall have at least five years experience in the practice of falconry at the general license level.
B. A licensee may not possess more than three raptors, and may not obtain more than two raptors taken from the wild for replacement birds during any twelve (12) month period.
C. A licensee may not take from the wild in Colorado any species listed as threatened or endangered.
D. A licensee may not take, transport or possess a golden eagle for falconry purposes unless the licensee first obtains a permit from the U.S. Fish and Wildlife Service and presents said permit to the Division with an application for a state permit to take, transport or possess a golden eagle.
E. Sponsorship
1. A master falconry license holder may sponsor no more than three (3) apprentice license holders at any one time. After November 1, 1988 all new sponsors must hold a falconry license at the master level.
#607 - FACILITIES AND EQUIPMENTA. Any person desiring to possess a raptor and obtain a resident falconry license must first provide and thereafter maintain facilities and equipment acceptable to the Division at all times when any raptor is in the licensee's possession. The following are required minimum standards for facilities and equipment:
1. Indoor facilities (mews) shall be large enough to allow easy access for caring for the raptors housed in the facility. If more than one raptor is to be kept in the mews, the raptors shall be tethered or separated by partitions and the area for each bird shall be large enough to allow the bird to fully extend its wings. There shall be at least one window, protected on the inside by vertical bars, spaced narrower than the width of the bird's body, and a secure door that can be easily closed. The floor of the mews shall permit easy cleaning and shall be well drained. Adequate perches shall be provided for each raptor.
2. Outdoor facilities (weathering area) shall be fenced, shall have a locking door, and shall be covered with netting or wire, or roofed to protect the birds from disturbance and attack by predators except that perches more than six and one-half (6 1/2) feet high need not be covered or roofed. The enclosed area shall be large enough to insure the birds cannot strike the fence when flying from the perch.Protection from excessive sun, wind and inclement weather shall be provided for each bird. Adequate perches shall be provided for each raptor. Outdoor facilities shall not be required if indoor facilities, constructed or modified specifically to house raptors, provide adequate fresh air ventilation and direct sunlight.
3. Jesses - At least one (1) pair of Alymeri jesses or similar type constructed of pliable, high-quality leather or suitable synthetic material to be used when any raptor is flown free. Traditional one (1) piece jesses may be used on raptors when not being flown.
4. Leashes and swivels - At least one (1) flexible, weather-resistant leash and one (1) strong swivel of acceptable falconry design.
5. Bath container - At least one (1) suitable container, two (2) to six (6) inches deep and wider than the length of the raptor, for drinking and bathing for each raptor.
6. Weighing device - A reliable scale or balance suitable for weighing the raptor(s) held and graduated to increments of not more than one-half (1/2) ounce (15 gram) shall be provided.
7. A raptor may be transported or held in temporary facilities which shall be provided with an adequate perch and protected from extreme temperatures and excessive disturbance, for a period not to exceed thirty (30) days.
8. All facilities and equipment shall be kept at or above the standards set forth in this section while raptors are in possession.
#608 - INSPECTION
A. Prior to the issuance of a resident falconry license a Division representative shall inspect the applicant's facilities and equipment and shall approve or disapprove them accordingly for keeping raptors and shall make a written report concerning the conditions observed.
B. Any person holding a resident falconry license shall allow a Division representative to enter their premises at any reasonable hour to inspect any raptor held under said license and to inspect the licensee's facilities, equipment and records required for the possession of such raptor(s).
C. In the event a Division inspection or other contact indicates mistreatment as specified in Part 2, Article 9 of Title 18, of any raptor or lack of adequate facilities and equipment to care for any raptor properly, written notice of such mistreatment and inadequacies shall be given to the licensee. The licensee shall have five (5) days from the day of the written notice to correct any identified deficiencies.
ARTICLE III - CAPTURING, ACQUISITION, REPORTING AND MARKING RAPTORS
#609 - CAPTURING RAPTORS - The following restrictions shall apply to the capturing of raptors and reporting:
A. Raptors other than Peregrine Falcons
1. No person shall take: (a) any raptor egg or eggs from any nest or aerie in the wild; (b) any state or federally listed threatened or endangered raptor; (c) any raptor which results from hybridized breeding of any state or federally listed threatened or endangered raptor; or (d) any osprey, kite, or owl.
2. When a young raptor is removed from a nest at least two (2) live young raptors shall remain in the nest or aerie.
3. Young raptors, not yet capable of flight (eyases), may be captured and removed from the wild only by persons possessing a general raptor license or a master raptor license. Eyas raptors, may be captured and removed from the wild only from June 1 through July 31 of any calendar year.
4. First year (passage) raptors capable of flight, may be captured and removed from the wild only from September 4 through October 16 and November 1 through January 15.
5. The only adult raptor that may be captured and removed from the wild is the American kestrel which may be captured and removed from the wild from September 4 through October 16 and November 1 through January 15.
6. Raptors which have been permanently banded and have escaped may be trapped at any time throughout the year.
7. Raptors may be captured only with traps or nets which are humane in their operation and use. Traps of such construction as Swedish goshawk traps must be attended regularly at least at twelve (12) hour intervals. All other trapping devices must be constantly attended while in use.
8.The Division shall not authorize the permanent removal from the wild of any raptor listed as threatened or endangered under federal or state regulations.
B. Capture of Peregrine Falcons:
Peregrine falcons may be captured and removed from the wild only in accordance with the following provisions:
1. Capture Quotas
a. Up to four peregrine falcon capture licenses may be issued annually to licensed Colorado master falconers pursuant to a random drawing process.
Application Process
a. Applications for peregrine falcon capture licenses will be accepted only on the application forms provided by the Division.
b. Only complete and correct applications forms will be accepted and no person may submit more than one application per year.