Texas Falconry Regulations, HELP

[wilded]

In section (f) below it says any raptor other than endangered species may be used for falconry. The white tailed and zone tailed hawk are only threatened. Can anyone tell me where to find the regulation or law telling they are prohibited to be used in Texas. I have not been able to find that regulation. Thanks for your help, Ed Thomas


Texas Administrative Code

TITLE 31
NATURAL RESOURCES AND CONSERVATION

PART 2
TEXAS PARKS AND WILDLIFE DEPARTMENT

CHAPTER 65
WILDLIFE

SUBCHAPTER K
RAPTOR PROCLAMATION

RULE §65.269
Trapping Seasons and Collecting Area





--------------------------------------------------------------------------------


(a) The trapping season for raptors begins September 15 and ends December 31. The season for taking eyasses begins May 1 and ends June 30. A marked raptor may be retrapped at any time.

(b) Except as expressly authorized in writing by the department, raptors shall not be trapped at any time in Brewster, Culberson, El Paso, Hudspeth, Jeff Davis, Presidio, or Terrell Counties.

(c) No eggs may be taken from raptor nests.

(d) Eyasses shall be taken only by a general or master falconer. No person shall take more than two eyasses during the season for taking eyasses.

(e) Only American kestrels (Falco sparverius) and great-horned owls (Bubo virginianus) may be taken when over one year old.

(f) Any raptor other than an endangered species taken under a federal depredation (or special purpose depredation) permit may be used for falconry by a general or master falconer. Endangered species taken under a depredation permit shall not be released to the wild without prior department approval of the release site.

(g) Nonresidents in possession of a valid Nonresident Trapping Permit may trap raptors from the wild according to the terms of the permit.


--------------------------------------------------------------------------------

[titaniumtalons]

Hey that reads good to me! I'd love to fly a white tail hawk. I wonder if Jenifer could shed some light on this since she's the one that could shut it down.

Michael Beran

[Weasel]

Ed, You bring up a good point with this question. I have asked the same thing before and got no answer from Jennifer. I asked her several years ago and she said she would look into it, but I never followed up.

[Yarak]

It would surprise me if they let a threatened species be used. I would not get my hopes up. I think the Feds would have COW!
Yarak

[Riker]

With my experence working with tpwd and usfws you will most likely not be able to use a white tailed hawk. bc threatend is really really close to being endangerd and most of the same rules apply when managing for those species. plus being able to trap a white tailed hawk would not be easy we did a reaserch project with them and it was very very hard to get them to come down to a trap. plus there just is not that many of the birds so they are hard to trap i think they got like 9 with months of reaserch.

[wilded]

They can only enforce the law. If there is no law then the regulation about any but endangered is the law. I am just wanting to know if anyone knows where to find the law that they are prohibited. I have seen several that I could have trapped. Thanks, ET

[titaniumtalons]

White tail hawks are thick as fleas just across the gulf(south). They just have not as yet established a strong breeding group here. I guess as "global warming" brings a stronger sub tropical enviroment they may breed larger groups.

Michael Beran

[wilded]

I saw four following a tractor plowing a field on my last trip to the Coast.

[ccrobbins]

I am curious....I read a magazine article in A.M. and it said they were not on our list to take....I wonder what Jennifer will say? I think I know but I am curious to see how she says it.

[Weasel]

Yea, but where is this list they speak of?

[wilded]

I have now talked with 3 falconers that say they have been told they could not trap them and when they asked for a law, regulation or list none was ever given. I think we should ask the THA to pursue this. The above regulation says any raptor other than endangered, which the whitetailed hawk is not endangered and seems to be expanding their range.

[Weasel]

Is their a federal regulation that states trapable birds of prey? Perhaps under the migratory bird/falconry take section?

[wilded]

I have not been able to locate anything. It is a Texas deal.

[frootdog]

If you could trap anything other than endangered then you would also be able to fly Bald Eagles and Peregrines and that is not the case.

[wilded]

Where is the law or list that says what can and cannot be used. Wild take of peregrines is a federal law. I can not find a federal law prohibiting the white tailed hawk period.