Section 5.92.037. Permits for falconry.

	(a)  A permit and valid, current Alaska hunting license is required for taking, transporting, or possessing a raptor for falconry or for practicing falconry in this state. The permit will be issued under standards, procedures, and conditions set out in the Falconry Standards section of the Alaska Falconry Manual No. 9, dated July 1, 2012; that section of the falconry manual is hereby adopted by reference. Only a bird defined in (f) of this section as a raptor may be taken, transported, imported, exported, held, or possessed for falconry.  
	(b)  A permittee may not permanently export a raptor taken from the wild in this state, except that a permittee changing residence from this state to another state may retain possession of a raptor taken from the wild in this state if the permittee has legally held that raptor for at least one year, meets the residency requirements under AS 16.05.415, and transfers that raptor to a permit for that person in the new state of residence. Prior written approval of the commissioner is required before a raptor may be temporarily or permanently exported from or imported into this state, except as follows:  
		(1) a raptor taken from the wild in this state and legally possessed under an Alaska falconer permit may be temporarily exported from this state for a period not to exceed 12 months by an Alaska falconer who  
			(A) meets the residency requirements under AS 16.05.415 for the previous year; or  
			(B) legally possessed the raptor in this state for at least one year;  
		(2) a person with a valid, current permit for falconry in another jurisdiction may temporarily import a raptor, and use it for falconry under the terms of a temporary permit issued by the commissioner; a person moving into this state may import an approved raptor species under authority of a temporary permit, but must apply for an Alaska falconry permit no later than 30 days after the raptor arrives in this state; upon approval of the falconry permit, the permit becomes valid with a current Alaska hunting license; conditions for the import of the raptor shall be determined by the department as specified in the Alaska Falconry Manual.  
	(c)  A falconer is liable for the actions of the raptor with respect to seasons, bag limits, and other applicable regulations. If a falconry bird takes game that may not be taken under established regulations, the falconer must leave the dead game where it lies, except that the raptor may feed upon the game before leaving the kill site.  
	(d)  The commissioner may impose additional permit conditions as necessary and may adopt regulation changes under a delegation of regulatory authority issued by the board under board findings number 2012-190-BOG, dated January 15, 2012 and incorporated by reference.  
	(e)  Before taking peregrine falcons for the practice of falconry, a permittee must possess either an Alaska master class falconry permit or an Alaska general class falconry permit and have more than two years of experience in the practice of falconry at the general class level.  
	(f)  In this section, "raptor" means any bird of the following species, including all subspecies of those species:  
		(1) northern harrier (Circus cyaneus);  
		(2) sharp-shinned hawk (Accipiter striatus);  
		(3) northern goshawk; any nonindigenous subspecies of northern goshawk (Accipiter gentilis) must be behaviorally (imprinting) or surgically sterilized, except Accipiter gentilis atricapillus or A.g. laingi.;  
		(4) red-tailed or Harlan's hawk (Buteo jamaicensis);  
		(5) rough-legged hawk (Buteo lagopus);  
		(6) golden eagle (Aquila chrysaetos);  
		(7) white-tailed sea eagle (Haliaeetus albicilla);  
		(8) Steller's sea eagle (Haliaeetus pelagicus);  
		(9) American kestrel (Falco sparverius);  
		(10) Eurasian kestrel (Falco tinnunculus);  
		(11) Asiatic sparrow hawk (Accipiter gularis);  
		(12) merlin (Falco columbarius);  
		(13) gyrfalcon (Falco rusticolus);  
		(14) peregrine falcon (Falco peregrinus);  
		(15) great-horned owl (Bubo virginianus);  
		(16) snowy owl (Bubo scandiacus);   
		(17) northern hawk-owl (Surnia ulula);  
		(18) barred owl (Strix varia);   
		(19) great-gray owl (Strix nebulosa);  
		(20) western screech-owl (Otus kennicottii);  
		(21) northern pygmy-owl (Glaucidium gnoma);   
		(22) long-eared owl (Asio otus);  
		(23) short-eared owl (Asio flammeus);  
		(24) boreal owl (Aegolius funereus);  
		(25) northern saw-whet owl (Aegolius acadicus);  
		(26) a hybrid of the species in this subsection that is produced by a raptor breeder; and  
		(27) the following nonindigenous species:  
			(A) Harris's hawk (Parabuteo unicinctus);  
			(B) Cooper's hawk (Accipiter cooperii);  
			(C) Ferruginous hawk (Buteo regalis);  
			(D) Swainson's hawk (Buteo swainsoni);  
			(E) prairie falcon (Falco mexicanus);  
			(F) Aplomado falcon (Falco femoralis).  
	(g)  The taking, transporting, or possessing a raptor for falconry by a nonresident is allowed under the following conditions:  
		(1) a permit and a valid, current nonresident hunting license is required for submitting an application, taking, transporting, possessing, and transferring a raptor to another state's falconry program;  
		(2) the nontransferable permit will be issued under standards, procedures and conditions set out in the Alaska Falconry Manual No. 9, dated July 1, 2012; that manual, including its conditions related to nonresident take, is hereby adopted by reference;  
		(3) take is limited to nonresidents who are citizens of the United States;  
		(4) only the raptor species listed under (f) of this section are eligible for nonresident take;  
		(5) up to five permits for taking, transporting, or possessing a raptor for falconry by a nonresident shall be issued annually by the department;  
		(6) a targeted hunt system will be used to determine permit winners if the number of applicants exceeds the number of permits available;  
		(7) take is limited to one passage, hatching-year raptor;  
		(8) the annual nonresident season for acquiring a passage raptor is from August 15 - October 31;  
		(9) the department shall specify other permit conditions as required to be consistent with the federal falconry laws and regulations, Alaska Falconry Manual, and export requirements;  
		(10) the department may, in its discretion, establish additional permit conditions necessary to administer this program;  
		(11) the department may, in its discretion, close areas for nonresident take;  
		(12) if live birds or mammals are to be imported to assist with trapping raptors, all federal and state import requirements shall be met; including the requirements of 5 AAC 92.029; deleterious exotic wildlife and species not listed in 5 AAC 92.029(b) may not be imported to Alaska for use in trapping raptors; resident pigeons and starlings, if used as lure birds, shall not be released into the wild;  
		(13) permits are nontransferable.  

Authorities

16.05.255;16.05.270;16.05.920

Notes

Authority

AS 16.05.255 AS 16.05.270 AS 16.05.920 A copy of the Alaska Falconry Manual described in 5 AAC 92.037(a) is available online at http://www.adfg.alaska.gov/static/license/otherlicense/pdfs/falcman.pdf or at any division of wildlife conservation office of the department. A copy of the Board of Game Finding 2012-190-BOG, incorporated by reference in 5 AAC 92.037(d), may be obtained from the Boards Support Section, P.O. Box 115526, Juneau, AK 99811-5526 or online at http://www.adfg.alaska.gov/static/regulations/regprocess/gameboard/pdfs/findings/12-190-bog.pdf.

History

Eff. 7/5/85, Register 95; am 8/12/90, Register 115; am 2/28/96, Register 137; am 3/10/96, Register 137; am 6/8/96, Register 138; am 3/30/2002, Register 161; am 7/1/2004, Register 170; am 12/30/2004, Register 172; am 7/1/2008, Register 186; am 7/1/2012, Register 202; am 7/1/2014, Register 210; am 7/1/2015, Register 214

References

5.92.037