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RULE §65.269Marking, Banding, and Telemetry

(a) Markers and bands.

  (1) No person may possess an unmarked goshawk, Harris's hawk, peregrine falcon, or gyrfalcon under a permit issued pursuant to this subchapter unless the person has notified the department within ten days of acquisition. Upon notification, the department shall issue a Type 1 leg band, which must be attached to the raptor immediately upon receipt.

  (2) A person who takes a goshawk, Harris's hawk, peregrine falcon, or gyrfalcon from the wild or acquires one from a rehabilitator must band the raptor with a Type 1 leg band. Within ten days from the date of take, the person shall report the take of the bird by entering the required information (including the band number) in the electronic database at http://permits.fws.gov/186A. Upon request, the department will supply a band in advance of capture.

  (3) A person who possesses a raptor bred in captivity must band the bird with a Type 2 leg band. If the band required by this subsection is removed or lost, it must be reported within ten days of removal or loss by contacting the department. The department shall issue a replacement band upon notification. The person shall band the bird with the replacement band immediately upon receipt of the band and immediately upon rebanding shall submit all required information electronically at http://permits.fws.gov/186A.

  (4) If a band is removed or lost from a raptor that is not captive-bred, the person in whose name the raptor is possessed must report the removal or loss within five days and request a replacement band from the department. The person shall band the bird with the replacement band immediately upon receipt and shall submit the required information electronically immediately upon rebanding at http://permits.fws.gov/186A.

  (5) The department may exempt a permittee from the banding requirements of this section for a raptor upon submission of documentation proving that banding has caused health or injury problems for the raptor. In such cases, the department will provide the exemption in writing, and the permittee must:

    (A) maintain the exemption notice at the permitted facility where the raptor is kept; and

    (B) possess the exemption notice on their person when in possession of the raptor away from the permitted facility where the raptor is kept.

  (6) A wild-caught raptor may not be banded with a Type 2 band.

  (7) It is unlawful for any person to alter, counterfeit, or deface a marker, except that a permit holder may remove the rear tab on markers and smooth an imperfect surface, provided the integrity of the marker and numbering are not affected.

(b) Telemetry. No person authorized to fly a hybrid raptor may free-fly the raptor unless at least two radio transmitters are attached to the raptor.

Source Note: The provisions of this §65.269 adopted to be effective June 3, 2010, 35 TexReg 4425

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