(a) Each individual
keeping raptors shall maintain the facilities in accordance with this
regulation.
(1) "Primary facility" shall mean
the principal place and structures where the raptor is normally provided care
and housing. This term shall include indoor facilities and outdoor
facilities.
(2) "Temporary
facility" shall mean a place and structure where a raptor is kept during the
raptor's time away from the primary facility, including during transportation
and while hunting or attending an event. This term shall include a place and
structure where a raptor is kept for a limited time period while the primary
facility is not available.
(b) All primary facilities used to house and
keep raptors shall be inspected and approved by the department before the
issuance of a Kansas falconry permit. Thereafter, all primary facilities used
to house and keep raptors shall be inspected and approved whenever a change in
the location of the primary facility occurs. All primary facilities shall meet
the following standards:
(1) All indoor areas
of the primary facility, which are also known as "mews," and all outdoor areas
of the primary facility, which are also known as "weathering areas," shall
protect raptors from the environment, predators, and domestic
animals.
(2) The indoor area of the
primary facility shall have a perch for each raptor and at least one opening
for sun-light.
(3) Two or more
raptors may be housed together and un-tethered if the birds are compatible with
each other. Each raptor shall have an area large enough to allow the raptor to
fly if it is untethered or, if tethered, to fully extend its wings to bate or
attempt to fly while tethered without damaging its feathers or contacting other
raptors.
(4) Each raptor shall have
a pan of clean water available.
(5)
Each indoor area of the primary facility shall be large enough to allow easy
access for the care and feeding of the raptors kept there.
(6) Each indoor area of the primary facility
housing untethered raptors shall have either solid walls or walls made with
vertical bars spaced narrower than the width of the body of the smallest raptor
being housed, heavy-duty netting, or other similar materials covering the walls
and roof of the facility. All windows shall be protected on the inside by
vertical bars, spaced at intervals narrower than the width of the raptor's
body.
(7) The floor of the indoor
area of the primary facility shall consist of material that is easily cleaned
and well drained.
(8) Each indoor
area of the primary facility shall include shelf-perch enclosures where raptors
are tethered side by side. Other housing systems shall be acceptable if they
afford the enclosed raptors with protection and maintain healthy
feathers.
(9) A falconry raptor, or
raptors, may be kept inside the permittee's residence if a suitable perch, or
perches, are provided. Windows and other openings in the residence structure
shall not be required to be modified. All raptors kept in the residence shall
be tethered when the raptors are not being moved into or out of the location
where they are kept.
(10) Each
outdoor area of the primary facility shall be totally enclosed and shall be
made of heavy-gauge wire, heavy-duty plastic mesh, slats, pipe, wood, or other
suitable material.
(11) Each
outdoor area of the primary facility shall be covered and have at least a
covered perch to protect a raptor held in the facility from predators and
weather. Each outdoor area of the primary facility shall be large enough to
ensure that all the raptors held inside cannot strike the enclosure when flying
from the perch.
(12) Any new design
of primary facility may be used if the primary facility meets the requirements
of this subsection.
(c)
Falconry raptors may be kept outside, including in a weathering yard at a
falconry meet, if the raptors are under watch by the permittee or a designated
individual.
(d) The permittee may
transport any permitted raptor if the bird is provided with a suitable perch
and is protected from extreme temperatures, wind, and excessive disturbance. A
giant hood or similar container may be used for transporting the bird or for
housing it while away from the primary facility.
(e) The permittee shall inform the department
of any change of location of the primary facility within five business days of
the move to the new location.
(f)
The property where the primary facility is located may be owned by the
permittee or another person and may be at the residence of the permittee or at
a different location.
The permittee shall submit to the department a signed and dated
statement showing that the permittee agrees that the primary facility,
equipment, all falconry-related facilities, equipment, records, and raptors may
be inspected without advance notice by department authorities at any reasonable
time on any day of the week if the inspections are in the presence of the
permittee. If the property is not owned by the permittee, the actual property
owner shall also sign the statement acknowledging the inspection
allowance.
(g) The permittee
shall provide and maintain the following equipment during the term of the
permit:
(1) At least one pair of Aylmeri
jesses, or jesses of a similar type, constructed of pliable, high-quality
leather or a suitable synthetic material. The jesses shall be used when any
raptor is flown free. Traditional one-piece jesses may be used on raptors when
not being flown;
(2) at least one
flexible, weather-resistant leash and one strong swivel of acceptable falconry
design;
(3) at least one suitable
bath container for each raptor. Each container shall be at least two to six
inches deep and wider than the length of the raptor; and
(4) a reliable scale or balance that is
suitable for weighing the raptors and is graduated to increments of not more
than Vi ounce (15 grams).
(h) A permittee may house a raptor in
temporary facilities for no more than 120 consecutive days if the bird is
provided with a suitable perch and protection from predators, domestic animals,
extreme temperatures, wind, and excessive disturbance.
(i) A permittee may allow a raptor to be
temporarily cared for and possessed by another falconry permittee in accordance
with the following requirements:
(1) The
raptor shall be kept at the permittee's primary facility or at the permitted
primary facility of the other permittee.
(2) The raptor shall be cared for by the
other permittee for no more than 120 consecutive days, unless the department
provides a written extension of time for extenuating circumstances that may
include illness, military service, or a family emergency. Extenuating
circumstances may be considered by the secretary on a case-by-case
basis.
(3) The permittee shall
provide the other permittee with a signed, dated statement authorizing the
temporary possession. The statement shall include information specifying the
time period during which the temporary care and possession are allowed and what
activity is allowed. The permittee providing the temporary care may fly the
raptor as authorized in the statement, including hunting, if the permittee
providing the temporary care holds the appropriate level of falconry permit.
The raptors being provided temporary care shall not count against the
possession limit of the permittee providing the care.
(4) The permittee shall provide a copy of the
United States fish and wildlife service form 3-186A showing that permittee as
the possessor of the raptor to the other permittee providing the temporary
care.
(j) Any permittee
may allow a raptor to be temporarily cared for by an individual who does not
possess a falconry permit in accordance with the following provisions:
(1) The raptor shall not be removed from the
permittee's facility during the time of temporary care. The person caring for
the raptor shall not fly the raptor for any reason.
(2) The raptor may be cared for by another
person for no more than 45 consecutive days, unless the department provides a
written extension of time for extenuating circumstances that may include
illness, military service, or a family emergency. Extenuating circumstances may
be considered by the secretary on a case-by-case basis.
(3) The raptor shall remain on the
permittee's falconry permit.
(k) Falconry raptors may be trained or
conditioned in accordance with the following provisions:
(1) Equipment or techniques acceptable for
falconry practices including or similar to any of the following may be used:
(A) Tethered flying, which is also known as
flying with a creance;
(B) lures
made from animal parts;
(C)
balloons;
(D) kites; or
(E) remote-control airplanes.
(2) The following species of live
wildlife may be used:
(A) Rock dove or
domestic pigeon;
(B) European
starling;
(C) house
sparrow;
(D) Hungarian
partridge;
(E) Chukar partridge;
and
(F) any small game, as defined
by
K.S.A.
32-701 and amendments thereto, during the
established hunting seasons for the small game.
(l) All facilities and equipment
shall be properly maintained and cleaned during the term of the
permit.
(m) Mistreatment of any
raptor shall be grounds for revocation of the falconer's permit and for
confiscation of any raptors in possession of the falconer. "Mistreatment" shall
be defined as any of the following:
(1) Having
physical custody of a raptor and failing to provide food, potable water,
protection from the elements, opportunity for exercise, and other care as is
needed for the health and well-being of the raptor;
(2) abandoning or leaving any raptor in any
place without making provisions for its proper care; or
(3) failing to meet the requirements of this
regulation.
This regulation shall be effective on and after December 31,
2020.