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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 2TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 65WILDLIFE
SUBCHAPTER KRAPTOR PROCLAMATION
RULE §65.264Permit Application Requirements

(a) All permit applications shall be made using forms supplied by the department. An application shall contain a signed and dated statement showing that the applicant agrees that the permittee's falconry facilities, equipment, and raptors may be inspected without advance notice by the department. If the applicant is not the owner of the property where raptors are housed under this subchapter, the application shall contain a signed and dated statement showing that the owner of the property agrees that the falconry facilities, equipment, and raptors may be inspected without advance notice by the department.

(b) Educational or school programs may not be used to satisfy the experience requirements of paragraphs (1) - (4) of this subsection.

  (1) An applicant for an apprentice falconry permit must be at least 12 years of age.

    (A) If the applicant is under the age of 18, a parent or legal guardian must sign the application. By signing an application, a parent or legal guardian agrees to be legally responsible for the actions of the applicant with respect to the requirements of this subchapter. Nothing in this subparagraph shall be construed to relieve any person under the age of 18 of any legal responsibility for failure to abide by the provisions of this subchapter.

    (B) An application for an apprentice permit must be accompanied by:

      (i) a letter from a general falconer with at least two years' experience at that level, or a master falconer, stating that the person agrees to be the applicant's sponsor; and

      (ii) an original, signed certification that the applicant is familiar with the federal falconry regulations in Title 50 of the Code of Federal Regulations and is aware that submission of false information is an offense under 18 U.S.C. 1001.

    (C) The department will not issue a permit at the apprentice level until the applicant's facilities have passed an inspection conducted by a department representative or designee. All inspections shall be in the presence of the permittee or the property owner (if the facility is located on property that is not owned by the permittee).

  (2) An applicant for a general falconry permit must be at least 16 years of age.

    (A) If the applicant is under the age of 18, a parent or legal guardian must sign the application. By signing an application, a parent or legal guardian agrees to be legally responsible for the actions of the applicant with respect to the requirements of this subchapter.

    (B) An application for a general permit must be accompanied by a signed attestation from the applicant's sponsor, who must be a general or master falconer, that the applicant has maintained, trained, flown (which may include releasing to the wild) and hunted with raptors trapped from the wild by the applicant for at least four months in each of at least two years during which the person has been permitted to practice falconry. The trapping requirement of this subparagraph does not apply to a raptor trapped under the provisions of 65.271(e)(3) of this title (relating to Trapping).

  (3) An applicant for a master falconry permit must have been permitted to practice falconry at the general level for a minimum of five years.

  (4) An applicant for a raptor propagator permit must:

    (A) be a resident of Texas;

    (B) be 18 years of age or older;

    (C) have at least five years of experience in the practice of falconry; and

    (D) possess a valid general or master permit.

  (5) An applicant for a nonresident trapping permit must possess a license, issued by their state of residence, equivalent to a Texas falconry permit.

(c) The department will not issue an apprentice permit if the applicant has not taken a department-administered examination and scored at least 80.

(d) The requirements of subsections (b) and (c) of this section do not apply to applications for a nonresident trapping permit.

(e) A person who has allowed a falconry permit to expire is entitled to permit issuance at the level the person held at the time of permit expiration, provided not more than five years has elapsed from the date of expiration. If more than five years has elapsed since expiration, the person must take a department-administered falconry examination and record a score of at least 80.

(f) The department will not issue a permit under this subchapter to a person who has relocated to Texas while holding the valid equivalent of a permit issued under this subchapter issued by another state, territory, or tribe until the applicant's facilities have passed an inspection conducted by a department representative or designee. All inspections shall be in the presence of the permittee or the property owner (if the facility is located on property that is not owned by the permittee).

(g) The department may refuse permit issuance or renewal to any person who within five years of applying for a permit issued under the authority of this subchapter has been finally convicted of or received deferred adjudication for:

  (1) a violation of Parks and Wildlife Code, Chapter 43, Subchapters C, E, L, or R or Chapter 49;

  (2) a violation of Parks and Wildlife Code that is a Class B misdemeanor, a Class A misdemeanor, or felony; or

  (3) a violation of Parks and Wildlife Code, §63.002.


Source Note: The provisions of this §65.264 adopted to be effective June 3, 2010, 35 TexReg 4425; amended to be effective July 22, 2013, 38 TexReg 4639

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