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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 2TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 65WILDLIFE
SUBCHAPTER KRAPTOR PROCLAMATION
RULE §65.268Equipment and Facility Standards; Related Provisions

All facilities and equipment are subject to inspection by the department; however, no inspection shall be conducted unless the permittee or the property owner (if the facility is located on property that is not owned by the permittee) is personally present.

  (1) Equipment. A permittee shall possess:

    (A) jesses or the materials and equipment to make them;

    (B) leash and swivel;

    (C) bath container; and

    (D) appropriate scales or balances for weighing a raptor.

  (2) Facilities.

    (A) General.

      (i) Permit holders shall provide facilities that are appropriately sized, constructed, and maintained so as to provide a safe environment for raptors held under a permit issued under the authority of this subchapter. All facilities shall provide each raptor with protection from sun, wind, inclement weather, predators, and undue disturbance.

      (ii) Clean water shall be available at all times except when medical or environmental circumstances require the temporary denial of water.

      (iii) Veterinary care shall be available to all raptors.

    (B) Permittees shall maintain facilities that meet the following standards.

      (i) Indoor facility standards.

        (I) If more than one raptor is being kept in a facility, the raptors shall be tethered or separated by partitions, except for raptors that are compatible with each other.

        (II) Each raptor shall be kept in an area large enough to allow the raptor to fully extend its wings.

        (III) A perch designed or intended for use by raptors shall be provided for each raptor kept in the facility.

        (IV) There shall be at least one window, protected on the inside by vertical bars spaced narrower than the width of the raptor's body if the bird is not to be tethered, and a secure door.

        (V) The floor of the facility shall be kept clean.

      (ii) Outdoor facility (weathering area) standards.

        (I) Weathering areas shall be fenced and covered with netting or roofed to protect the raptors from disturbance or attack.

        (II) A weathering area must be provided with a minimum of 32 square feet and each raptor must have an area large enough to fly, if it is untethered, or, if tethered, to fully extend its wings or bate (attempt to fly while tethered) without damaging its feathers or contacting other raptors.

        (III) The floor of the facility shall be well drained.

      (iii) Raptors may be housed in a personal residence without modifications to windows or other openings in the residence; provided:

        (I) a suitable perch is provided for each raptor; and

        (II) each raptor is tethered when not being moved into or out of the location in which they are kept.

    (C) Only one facility is required if it meets the requirements for both indoor and outdoor facilities.

  (3) Alternative or Temporary Facilities. The provisions of this paragraph are intended to allow for the temporary relocation of falconry raptors due to special circumstances or conditions that prevent the provision of adequate housing and/or care by the falconer to whom the raptors are registered. Nothing in this paragraph shall be construed as to allow the de facto permanent possession of any raptor and the department shall determine on a case-by-case basis if the provisions of this paragraph are being used for that purpose.

    (A) A permittee may house a raptor in a temporary facility for no more than 120 consecutive calendar days, provided the raptor is provided with a perch and is protected from predators, domestic animals, extreme temperatures, wind, and injurious disturbance.

    (B) A person with a valid falconry permit may care for a raptor or raptors held under another person's falconry permit for up to 120 consecutive calendar days, provided the person possesses:

      (i) a signed and dated statement authorizing the temporary possession. The statement must specify the time period for which the person will keep each raptor and the activities the person is allowed to engage in with each raptor (to include flying and hunting, provided the permittee in temporary possession is authorized to do so under the terms of their falconry permit);

      (ii) a copy of a valid FWS form 3-186A for each bird in temporary possession. A raptor held under the provisions of this subparagraph does not count against the possession limits established under the provisions of §65.267 of this title (relating to Permit Privileges and Restrictions) for the person holding the raptor;

      (iii) the department may authorize temporary possession in excess of 120 days when warranted by extenuating circumstances such as illness, military service, natural disasters, or a family emergency. A person seeking an extension under this subparagraph shall submit a written request to the department, accompanied by a signed affidavit stating the nature of the extenuating circumstance; and

      (iv) upon the 30th consecutive day that a raptor has been in temporary possession under the provisions of this paragraph, the falconer who placed the raptor in temporary possession shall notify the department. Such notification shall be made within ten days from the date that the 30-day period has elapsed.

    (C) A person who is not a permitted falconer may provide care for a permittee's raptor or raptors for no more than 45 consecutive days, provided:

      (i) the raptor or raptors remain at the permittee's facility;

      (ii) the raptor or raptors are not flown for any reason; and

      (iii) the department may authorize temporary possession in excess of 45 days when warranted by extenuating circumstances such as illness, military service, natural disasters, or a family emergency. A person seeking an extension under this subparagraph shall submit a written request to the department, accompanied by a signed affidavit stating the nature of the extenuating circumstance.

  (4) Transportation and Possession Away from a Permitted Facility. At all times that a raptor possessed under this subchapter is not in a permitted facility, the permittee responsible for the raptor shall provide:

    (A) a perch designed or intended for use by raptors; and

    (B) protection from extreme temperatures, wind, and injurious disturbance.


Source Note: The provisions of this §65.268 adopted to be effective June 3, 2010, 35 TexReg 4425

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