635-055-0001
General Provisions

Any person licensed for falconry in the State of Oregon must comply with both federal and state falconry regulations. This means that a licensed Oregon falconer must comply with 50 CFR §21.3 and §21.29 (as in effect July 2015) except where state regulations are more restrictive than federal regulations. The following sections of this division specify those more-restrictive state regulations.

Statutory/Other Authority: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
History:
DFW 13-2020, amend filed 02/12/2020, effective 02/12/2020
DFW 109-2011, f. & cert. ef. 8-9-11

635-055-0002
Definition of Terms

For the purpose of these rules, the following definitions apply:

(1) "Captive bred" means any raptor, including eggs, hatched in captivity resulting from parents that mated in captivity, or are the progeny of artificial insemination.

(2) “Capture Season” is May through February. EXCEPTION: Great horned owl nestlings may be taken February through June.

(3) "Falconry" means the sport of taking quarry by means of a trained raptor.

(4) "Hacking” is the deliberate release of an indigenous captive-held raptor species back into the wild.

(5) “Indigenous raptor”, for purposes of falconry, means golden eagle (Aquila chrysaetos), sharp-shinned hawk (Accipiter striatus), Cooper’s hawk (Accipiter cooperii), northern goshawk (Accipiter gentilis), red-tailed hawk (Buteo jamaicensis), red-shouldered hawk (Buteo lineatus), American kestrel (Falco sparverius), merlin (Falco columbarius), prairie falcon (Falco mexicanus), peregrine falcon (Falco peregrinus), gyrfalcon (Falco rusticolus), great horned owl (Bubo virginianus), and northern harrier (Circus cyaneus).

(6) “Management or operational activities” means activities on nest-site structures (bridges or buildings) that are operational or maintenance actions to the structure deemed necessary by the structure owners or managers. These activities do not include nest entries for the purposes of banding birds for scientific purposes.

(7) “Passage” means migrant raptors less than one year of age capable of flight.

(8) “Post-fledgling” means a young first-year bird capable of flight, which has recently flown from its nest.

(9) “Take" for the purposes of these rules, means to trap, capture, or attempt to trap or capture a raptor from the wild for the purpose of falconry.

Statutory/Other Authority: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
History:
DFW 13-2020, amend filed 02/12/2020, effective 02/12/2020
DFW 58-2019, minor correction filed 05/13/2019, effective 05/13/2019
DFW 21-2014, f. & cert. ef. 3-11-14
Renumbered from 635-055-0000 by DFW 109-2011, f. & cert. ef. 8-9-11
DFW 4-2011, f. & cert. ef. 1-14-11
DFW 147-2009, f. & cert. ef. 12-15-09
DFW 19-2008, f. & cert. ef. 2-29-08
DFW 11-2008, f. & cert. ef. 2-21-08
DFW 33-2002, f. & cert. ef. 4-18-02
FWC 19-1990, f. & cert. ef. 2-28-90
FWC 7-1984, f. & ef. 2-29-84
FWC 11-1983, f. & ef. 3-24-83
FWC 170, f. 12-23-77, ef. 1-1-78

635-055-0010
License Required to Practice Falconry

(1) Before a falconer may participate in hunting any wildlife, he/she shall possess a valid Oregon falconry license, a hunting license, and any permit or stamp that is required.

(2) Nonresident falconers hunting in Oregon shall have a valid falconry license from a state having a federally approved falconry program, a nonresident hunting license, and any permit or stamp that is required.

Statutory/Other Authority: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
History:
DFW 109-2011, f. & cert. ef. 8-9-11
DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04
DFW 33-2002, f. & cert. ef. 4-18-02
FWC 30-1993, f. & cert. ef. 5-5-93
FWC 116-1992, f. & cert. ef. 10-28-92
FWC 33-1992(Temp), f. & cert. ef. 5-11-92
FWC 19-1990, f. & cert. ef. 2-28-90
FWC 8-1986, f. & ef. 3-6-86
FWC 11-1983, f. & ef. 3-24-83
FWC 170, f. 12-23-77, ef. 1-1-78

635-055-0015
Cost and Expiration Date of Falconry License

(1) The fee for a falconry license shall be $147.00.

(2) The falconry license is valid for three years. The three-year period shall extend from July 1 of the year of issue to June 30 of the third year.

Statutory/Other Authority: ORS 496.012, 496.112, 496.138, 496.146, 496.162 & 497.061
Statutes/Other Implemented: ORS 496.012, 496.112, 496.138, 496.146, 496.162 & 497.061
History:
DFW 13-2020, amend filed 02/12/2020, effective 02/12/2020
DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019
DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 109-2011, f. & cert. ef. 8-9-11
DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10
DFW 33-2002, f. & cert. ef. 4-18-02
FWC 123-1990, f. & cert. ef. 11-28-90
FWC 12-1985, f. & ef. 3-6-85
FWC 12-1983, f. 3-24-83, ef. 1-1-84
FWC 170, f. 12-23-77, ef. 1-1-78

635-055-0020
Falconry Licenses, Qualifications for Classes of Licenses, and Permitted Raptors

(1) All licensed Oregon falconers shall be residents of Oregon. A resident shall have a permanent residence and falconry facilities in Oregon; however, there is no time minimum before a person can claim residency for falconry purposes. Any falconer hunting in Oregon with a resident hunting license must satisfy the residency requirements as detailed in OAR 635-052, 635-053, 635-054 and 635-065.

(2) All falconers shall demonstrate knowledge of the care of raptors, practice of falconry, and wildlife laws and regulations pertaining to hunting and falconry by receiving a score of 80 percent or higher on a written examination approved by the U.S. Fish and Wildlife Service or by showing documented falconry experience from another state having a federally approved falconry program before receiving their first Oregon Falconry License. Any applicant who fails to pass an examination may take another examination no earlier than 30 days from the date of the prior examination.

(3) Standards for falconer classes: (See attached table)

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

Statutory/Other Authority: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
History:
DFW 13-2020, amend filed 02/12/2020, effective 02/12/2020
DFW 109-2011, f. & cert. ef. 8-9-11
DFW 19-2008, f. & cert. ef. 2-29-08
DFW 11-2008, f. & cert. ef. 2-21-08
DFW 33-2002, f. & cert. ef. 4-18-02
FWC 19-1990, f. & cert. ef. 2-28-90
FWC 12-1985, f. & ef. 3-6-85
FWC 11-1983, f. & ef. 3-24-83
FWC 170, f. 12-23-77, ef. 1-1-78

635-055-0025
Inspections, Facilities and Equipment

(1) An applicant’s facilities shall be inspected and certified by the Department or a designated representative possessing knowledge of falconry facilities before a falconry license is issued. An inspection fee of $20.00 shall be assessed for an inspection of facilities and shall accompany an inspection request form from the falconer. A facilities inspection is required for all new falconry applicants, falconers from another state who have moved to Oregon and Oregon falconers with newly constructed facilities. The raptor housing facilities shall provide protection from adverse weather, predators, and disturbance. All facilities and equipment shall be maintained at or above the level approved and are subject to inspection by the Department or Oregon State Police at any time. Inspection of facilities may take place without warrant or notice but, unless prompted by emergency or other extenuating circumstances, shall be limited to regular and usual business hours, including weekends.

(2) Temporary holding facilities may be used to transport or hold a raptor for not more than 30 consecutive days unless authorized by the Department (not to exceed 120 days). Temporary facilities shall contain a perch, be adequately ventilated, be sanitary and provide protection from adverse weather, predatory animals, domestic animals, extreme temperatures, wind and excessive disturbance.

Statutory/Other Authority: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
History:
DFW 13-2020, amend filed 02/12/2020, effective 02/12/2020
DFW 109-2011, f. & cert. ef. 8-9-11
DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10
DFW 33-2002, f. & cert. ef. 4-18-02
FWC 30-1993, f. & cert. ef. 5-5-93
FWC 40-1991, f. & cert. ef. 4-24-91
FWC 19-1990, f. & cert. ef. 2-28-90
FWC 8-1987, f. & ef. 2-25-87
FWC 12-1985, f. & ef. 3-6-85
FWC 11-1983, f. & ef. 3-24-83
FWC 8-1981, f. & ef. 2-26-81
FWC 170, f. 12-23-77, ef. 1-1-78

635-055-0030
Limitations on Species Captured and/or Held

(1) Falconers may take only raptors less than one year of age from the wild during any capture season. Any adult raptor inadvertently taken must be immediately released.

(2) Only the following raptor species and number of each may be taken in the state during the capture season unless otherwise specified:

(a) Red-tailed hawk, American kestrel, Cooper's hawk, sharp-shinned hawk and great horned owl — unlimited and statewide except that great horned owls may be taken as nestlings only.

(b) Goshawk -- unlimited and statewide except that no nestling goshawks may be taken in the area north of the Umpqua River and west of Interstate 5. Passage goshawks may be taken statewide.

(c) Prairie falcon -- unlimited and statewide.

(d) Merlin -- unlimited and statewide except no nestling merlins may be taken.

(e) Gyrfalcon -- only three (3) may be captured from the wild during each capture season.  Gyrfalcons may be captured statewide. Gyrfalcon capture permits are issued to Master falconers only and an individual falconer may not capture more than one gyrfalcon per capture season. All gyrfalcon capture permit holders will be notified when the quota has been reached. No take of gyrfalcons is authorized for non-resident falconers.

(f) Northern harrier -- only five (5) may be captured from the wild during each capture season including those northern harriers made available by the Department for conservation management purposes. No take of northern harriers is authorized for non-resident falconers.

(3) Golden eagle -- Golden eagles may be captured, imported and/or used for falconry only in accordance with Federal falconry standards in 50 CFR§22.24 and OAR 065-055-0036.

(4) Peregrine falcons may be taken statewide. Peregrine falcon capture permits are issued to Master and General class falconers only. The annual allowable take of peregrine falcons is ten (10) individuals (OAR-065-0037).

(5) Red-shouldered hawk -- only three (3) may be captured from the wild during each capture season. Red-shouldered hawks may be captured statewide, except no nestlings may be taken.

(6) Great Horned Owls: Nestlings may be taken February through June.

(7) The possession of legally acquired non-indigenous raptors listed as a migratory bird in 50 CFR§10.13 is allowed. Only indigenous raptor species, raptors listed in 50 CFR§10.13 and raptors classified as non-controlled or controlled in the Oregon Wildlife Integrity rules (OAR 635-056) are allowed. The possession for falconry purposes of hybrid raptors of species listed in 50 CFR§10 are allowed.

Statutory/Other Authority: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
History:
DFW 13-2020, amend filed 02/12/2020, effective 02/12/2020
DFW 21-2014, f. & cert. ef. 3-11-14
DFW 109-2011, f. & cert. ef. 8-9-11
DFW 4-2011, f. & cert. ef. 1-14-11
DFW 147-2009, f. & cert. ef. 12-15-09
DFW 19-2008, f. & cert. ef. 2-29-08
DFW 11-2008, f. & cert. ef. 2-21-08
DFW 33-2002, f. & cert. ef. 4-18-02
FWC 30-1993, f. & cert. ef. 5-5-93
FWC 19-1990, f. & cert. ef. 2-28-90
FWC 7-1984, f. & ef. 2-29-84
FWC 11-1983, f. & ef. 3-24-83
FWC 8-1981, f. & ef. 2-26-81
FWC 9-1980, f. & ef. 2-27-80
FWC 170, f. 12-23-77, ef. 1-1-78

635-055-0035
Capture and Transportation of Raptors

(1) A raptor capture permit is required prior to capturing or attempting to capture any raptor. The permit holder must carry the permit on their person while conducting activities related to raptor capture.

(2) A non-resident falconer from a state having a federally approved falconry program may obtain a capture permit for species listed in 635-055-0020(3) with the exception of gyrfalcons. All non-resident applications must include a copy of the applicant’s current state falconry license. All applicants for golden eagle capture must include a copy of the federal authorization to take and possess golden eagles. Only 20 non-resident capture permits will be issued in total each capture season. All non-resident capture permits, except for capture permits for peregrine falcons, will be issued on a first come first served basis.

(3) A nonrefundable application fee of $27.00 will be charged for each capture permit allowing the capture of one raptor per permit.

(4) Except for take of peregrine falcons, the Department will issue capture permits in the order applications are received. Capture permit applicants must hold a valid Oregon falconry license or a falconry license from a state having a federally approved falconry program. The category of species shall be listed on the permit (e.g. “golden eagle”, “gyrfalcon”, “goshawk”, “northern harrier”, “peregrine falcon” “red-shouldered hawk”, or “other raptor”) and the falconer is authorized to take only one raptor from the category specified. A falconer may apply for a capture permit in more than one category. A separate permit is required for each raptor taken from the wild. The falconer whose name appears on the permit must undertake the capture except for peregrine falcon nestlings. Permits are not transferable.

(5) Following authorized capture:

(a) The permit holder shall immediately validate the permit by recording the date, species, sex, county, and capture method and signing his/her name in the space provided.

(b) For a goshawk, gyrfalcon, golden eagle and peregrine falcon, the permit holder shall affix the permanent band issued with the permit by the Department, to one leg of the bird.

(c) Within five business days of capture, the permit holder shall take the bird to a Department office to have the permit certified.

(d) Within 10 days, the permit holder shall complete and submit the federal Migratory Bird Acquisition and Disposition (3-186A) form.

(6) Lost, hacked, escaped, or captive bred raptors may be re-trapped at any time without a capture permit. All other raptors captured shall be immediately released.

(7) Exportation of wild caught raptors -- No raptor taken from the wild in Oregon shall be transferred to another person residing outside the state unless held for six months or longer.

(8) An Oregon licensed falconer is allowed to retain legally captured raptors in their possession if they move from Oregon.

(9) Falconers are responsible for treatment and rehabilitation costs of raptors taken for falconry and injured during trapping efforts.

(10) The Department will not issue a falconry capture permit to any person who:

(a) Is awaiting prosecution for, or has been convicted of, any violation of the animal cruelty or animal abuse laws;

(b) Is awaiting prosecution for, or has been convicted of, a wildlife violation involving the illegal take of wildlife;

(c) Is awaiting prosecution for, or has been convicted of, aiding in the illegal take of wildlife; or

(d) Has had his or her hunting or fishing license suspended for a wildlife violation.

(11) A person who is denied a falconry capture permit pursuant to subsection (8) may appeal the decision through a contested case hearing.

Statutory/Other Authority: ORS 496.012, ORS 496.112, ORS 496.138, ORS 496.146, ORS 496.162 & ORS 497.061
Statutes/Other Implemented: ORS 496.012, ORS 496.112, ORS 496.138, ORS 496.146, ORS 496.162 & ORS 497.061
History:
DFW 13-2020, amend filed 02/12/2020, effective 02/12/2020
DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019
DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 21-2014, f. & cert. ef. 3-11-14
DFW 109-2011, f. & cert. ef. 8-9-11
DFW 4-2011, f. & cert. ef. 1-14-11
DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10
DFW 147-2009, f. & cert. ef. 12-15-09
Reverted to DFW 152-2008, f. 12-18-08, cert. ef. 1-1-09
DFW 25-2009(Temp), f. 3-10-09, cert. ef. 5-15-09 thru 8-31-09
DFW 152-2008, f. 12-18-08, cert. ef. 1-1-09
DFW 19-2008, f. & cert. ef. 2-29-08
DFW 11-2008, f. & cert. ef. 2-21-08
DFW 33-2002, f. & cert. ef. 4-18-02
FWC 30-1993, f. & cert. ef. 5-5-93
FWC 116-1992, f. & cert. ef. 10-28-92
FWC 33-1992(Temp), f. & cert. ef. 5-11-92
FWC 40-1991, f. & cert. ef. 4-24-91
FWC 19-1990, f. & cert. ef. 2-28-90
FWC 8-1986, f. & ef. 3-6-86
FWC 11-1983, f. & ef. 3-24-83
FWC 14-1982, f. & ef. 2-25-82
FWC 8-1981, f. & ef. 2-26-81
FWC 9-1980, f. & ef. 2-27-80
FWC 170, f. 12-23-77, ef. 1-1-78

635-055-0036
Golden Eagle

(1) Consistent with the National Flyway Council’s Golden Eagle Allocation Procedure, the Department shall authorize qualified Master falconers to be considered in the annual allocation procedure to obtain and possess a golden eagle for the purposes of falconry, pursuant to 50 CFR §21.3, §21.29 and §22 (1-22).

(2) A Master falconer wishing to obtain authorization from the Department to possess a golden eagle must provide the Department with the following:

(a) A written statement, dated and signed, documenting and describing the applicant’s relevant experience in handling large raptors, including information about the species handled and the type and duration of activities in which the experience was obtained.

(b) At least two letters of reference from people skilled in handling or flying large raptors such as golden eagles, ferruginous hawks, northern goshawks or great horned owls who can attest to the applicant’s experiences with such species. References must contain a concise history of the applicant’s experience with large raptors, which can include but is not limited to, handling of raptors held by zoos, rehabilitating large raptors, or scientific studies involving large raptors; and the applicant’s ability to care for the species used in falconry.

(c) Master class falconers applying for possession of a golden eagle must provide evidence that they have, or will have, an adequate facility to house a golden eagle in the long-term and be consistent with OAR 635-044-0500 as it applies to falconry. The Department considers the minimum housing needs to include an outside mews with a sheltered area with adequate space for exercise necessary for the health of the animal such as allowing an eagle to move freely between perches and meet standards used for large raptors. A minimum facility size should measure at least 10’ x 10’ x 10’.

(3) The falconry license of qualified Master class falconers will indicate the validation to obtain and possess a golden eagle. Master class falconers authorized to hold golden eagles prior to this rule revision are qualified to be considered in the annual allocation procedure.

(4) The Department may deny a request for a Master falconer to possess a golden eagle if the applicant has less than the equivalent of two years of experience handling large raptors, or at the Department’s discretion, the Department determines that based on a letter of recommendation or inadequate facility plans, the applicant is not capable of caring for a golden eagle.

(5) Authorized Master falconers may not transfer a golden eagle to another Master class falconer unless previously approved in writing by the Department. No person shall release or hack a golden eagle acquired through this allocation process into the wild.

Statutory/Other Authority: ORS 496.012, ORS 496.112, ORS 496.138, ORS 496.146 & ORS 496.162
Statutes/Other Implemented: ORS 496.012, ORS 496.112, ORS 496.138, ORS 496.146 & ORS 496.162
History:
DFW 13-2020, adopt filed 02/12/2020, effective 02/12/2020

635-055-0037
Peregrine Falcon Capture Permit

(1) During each capture season, the Department may issue capture permits to qualified falconers for an allowable take of no more than the (10) peregrine falcons. Peregrine falcon capture permits are not transferable.  Upon taking the raptor authorized, the permit holder must:

(a) Notify the Department by telephone or email within two days.

(b) Immediately validate the permit by recording the date, species, sex, county , and capture method and signing his or her name in the space provided on the permit.

(c) At the time of capture, the permit holder must affix the permanent plastic band, issued with the permit, to one leg of the bird.

(d) Within five business days of capture, the permit holder must take the bird to a Department office to have the permit certified.

(e) If a permit holder violates any of the rules or permit conditions, the Department will invalidate his or her peregrine capture permit. Taking of a peregrine falcon without a valid permit is a violation of these rules and is therefore an unlawful taking.

(2) Oregon Residents:

(a) A Master or General class falconer who possesses, at the time of capture, a current permit issued by the Department authorizing the capture (per OAR 635-0010) may take a nestling or fledgling peregrine falcon.

(b) Peregrine capture permit applications (including fees) must be submitted to the Department’s Salem headquarters office no later than March 1 of each year.

(c) Qualified Master and General class falconers may submit only one peregrine capture permit application per capture season on the form provided by the Department.

(d) If hand-delivered, an application must be received at Department headquarters office (4034 Fairview Industrial Drive, SE, Salem, OR, 97302-1142) by 5:00 p.m. on March 1.

(e) If sent via postal mail, an application must be postmarked no later than March 1.

(f) Successful resident applicants will be authorized to take a nestling from a natural nest site, or they may also accept a young peregrine falcon taken by persons (authorized by the Department) from man-made structures (but only where nestlings need to be removed from a nest during management or operational activities on the structures). Alternatively, the permit holder may take a post-fledgling bird.

(g) Permits issued will include conditions crafted by the Department.

(h) The following general conditions shall apply to all resident peregrine falcon capture permits:

(A) Young falcons may be removed from their eyries (nests) between May 15th and June 30th but only when between 15 and 24 days of age. At least one nestling must be left in each eyrie prior to fledging.

(B) Prior to entering any nest, a permit holder must monitor each potential nest site to assess the presence and occupancy of nesting peregrine falcons and determine the chronology of nestlings in the selected nest(s) by following a protocol and completing a form provided by the Department.

(C) Permit-holders must contact in person or by phone Falconry Program staff at Salem Headquarters at least seven (7) days prior to proposed nest entry.

(D) The permit holder must be present when the nestling is being removed from the eyrie.

(E) Alternatively, a post-fledgling peregrine falcon may be taken (trapped) by a permitted Master or General falconer during the time period between when the falcon first flies from its nest through August 31st. The permit holder must be present at all times whenever a trap is in operation while attempting to take a post-fledgling peregrine falcon.

(3) Non-Residents:

(a) Non-residents must possess a Master falconers license from a state having a federally approved falconry program.

(b) The non-resident application must be received by March 1.

(c) The non-resident permit will be allocated by lottery.

(d) The Department will notify the successful applicant and alternate by mail or email. If the applicant does not reply in writing (mail or email) within 10 calendar days, the applicant will be disqualified and the Department will offer the permit to the alternate. If no qualified nonresident applies for or accepts a peregrine falcon take permit, the allowable take will be allocated to a qualified resident applicant.

(e) The non-resident permit holder may only accept a nestling peregrine falcon taken by persons (authorized by the Department) from man-made structures (but only where nestlings need to be removed from a nest during management or operational activities on the structures). Alternatively, the permit holder may take a post-fledgling bird.

Statutory/Other Authority: ORS 496.012, ORS 496.112, ORS 496.138, ORS 496.146, ORS 496.162 & ORS 497.061
Statutes/Other Implemented: ORS 496.012, ORS 496.112, ORS 496.138, ORS 496.146, ORS 496.162 & ORS 497.061
History:
DFW 13-2020, amend filed 02/12/2020, effective 02/12/2020
DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019
DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 21-2014, f. & cert. ef. 3-11-14
DFW 109-2011, f. & cert. ef. 8-9-11
DFW 4-2011, f. & cert. ef. 1-14-11
DFW 147-2009, f. & cert. ef. 12-15-09
DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10
DFW 152-2008, f. 12-18-08, cert. ef. 1-1-09

635-055-0040
Banding and Identification of Raptors

(1) All raptor species listed in 50 CFR §21.29(c)(7) captured from the wild and held in captivity shall bear an identifying band approved by the Department. Goshawks, Harris hawks (Parabuteo unicintus), gyrfalcons and peregrine falcons shall be banded with a permanent numbered U.S. Fish and Wildlife Service leg band.

(2) All captive bred raptors must be banded with a seamless band or other federally authorized band in accordance with 50 CFR §21.29(c)(7)(ii) and §21.30.

(3) Raptor bands shall not be altered, removed, or replaced without permission of the Department. The band shall not be defaced or counterfeited.

Statutory/Other Authority: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
History:
DFW 13-2020, amend filed 02/12/2020, effective 02/12/2020
DFW 109-2011, f. & cert. ef. 8-9-11
DFW 33-2002, f. & cert. ef. 4-18-02
FWC 19-1990, f. & cert. ef. 2-28-90
FWC 11-1983, f. & ef. 3-24-83
FWC 170, f. 12-23-77, ef. 1-1-78

635-055-0045
Capture Methods

All traps, nets, harnessed bait for raptors or other implements used to capture raptors shall be marked with the name and address of the user. Capture devices shall be attended at all times, except Swedish Goshawk traps which shall be checked every eight hours. Use of steel-jawed traps or jump traps are prohibited.

Statutory/Other Authority: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
History:
DFW 13-2020, amend filed 02/12/2020, effective 02/12/2020
DFW 33-2002, f. & cert. ef. 4-18-02
FWC 19-1990, f. & cert. ef. 2-28-90
FWC 170, f. 12-23-77, ef. 1-1-78

635-055-0055
Release of Any Raptor

(1) Indigenous raptors held under these rules, except golden eagles, may be released (hacked) permanently into the wild at appropriate locations and times of the year following consultation with Department biologists.

(2) Falconry birds may be released from a motor-propelled vehicle for the purpose of performing bird abatement, training raptors, or hunting with raptors.

Statutory/Other Authority: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
History:
DFW 13-2020, amend filed 02/12/2020, effective 02/12/2020
DFW 109-2011, f. & cert. ef. 8-9-11
DFW 33-2002, f. & cert. ef. 4-18-02
FWC 19-1990, f. & cert. ef. 2-28-90
FWC 11-1983, f. & ef. 3-24-83
FWC 170, f. 12-23-77, ef. 1-1-78

635-055-0060
Reports

Annual Report: All licensed falconers shall submit an annual report not later than January 15 each year disclosing the number of raptors possessed, and any changes in personal contact information including address, phone number and email updates. For Master and General falconers, the report must also indicate whether the falconer is willing to sponsor an apprentice falconer, plus the names of any apprentices the falconer currently sponsors. Failure to submit an annual report by January 15 may lead to suspension of the falconry license and the ability to hold raptors.

Statutory/Other Authority: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
History:
DFW 13-2020, amend filed 02/12/2020, effective 02/12/2020
DFW 109-2011, f. & cert. ef. 8-9-11
DFW 33-2002, f. & cert. ef. 4-18-02
FWC 19-1990, f. & cert. ef. 2-28-90
FWC 11-1983, f. & ef. 3-24-83
FWC 170, f. 12-23-77, ef. 1-1-78

635-055-0070
Revocation of License and Permits

(1) The Department may revoke a falconry license or permit if the holder is convicted of, or admits to a violation of, any wildlife law, or any rule, order or permit issued under the wildlife laws. Upon revocation, the Department may seize any raptors held for the purpose of falconry.

(2) Failure to comply with permit conditions is grounds for revocation or suspension of a capture permit.

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: ORS 496
History:
DFW 147-2009, f. & cert. ef. 12-15-09
DFW 33-2002, f. & cert. ef. 4-18-02
FWC 11-1983, f. & ef. 3-24-83
FWC 170, f. 12-23-77, ef. 1-1-78

635-055-0075
Disposition of Accidentally Killed Wildlife

If a falconer’s raptor kills any native prey species unintentionally (including a game animal taken outside of a regular hunting season) the falconer:

(1) May allow his or her raptor to feed on the animal, but may not take the animal into possession;

(2) Must report take of any federally listed threatened or endangered species to the U. S. Fish and Wildlife Service State Office or appropriate U. S. Fish and Wildlife Service field office nearest to the location in which the take occurred; and

(3) Must report to the Department’s program staff within five days the take of any species taken outside of regular hunting season and any migratory birds, state threatened or endangered or regulated birds. The report must include name of the species taken, date, number taken and approximate location. The information may be submitted by phone, mail, fax, email, or in person.

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: ORS 496
History:
DFW 109-2011, f. & cert. ef. 8-9-11
DFW 19-2008, f. & cert. ef. 2-29-08
DFW 11-2008, f. & cert. ef. 2-21-08
FWC 19-1990, f. & cert. ef. 2-28-90
FWC 11-1983, f. & ef. 3-24-83
FWC 8-1981, f. & ef. 2-26-81