Mont. Admin. R. 12.6.1122 - FACILITIES
(1) Permittees must keep all raptors held
under their falconry permit in humane and healthful conditions.
(2) Whether indoors (mews) or outdoors
(weathering area), raptor facilities must protect raptors from the environment,
predators, and domestic animals. Permittees are responsible for the
maintenance, security, and protection of raptors they possess under a
permit.
(3) Permittees must have
raptor housing facilities approved by the department before obtaining a bird to
use in falconry. The department requires that the permittee have either an
indoor or outdoor facility or both. A representative of the department, or its
designee, must certify that facilities and equipment meet the following
standards:
(a) All facilities must protect
raptors from predators and domestic animals.
(b) The facility must have a suitable perch
for each raptor, at least one opening for sunlight, and must provide a healthy
environment for raptors.
(c)
Untethered raptors may be housed together if they are compatible with each
other.
(d) Each raptor must have an
area large enough to allow it to fly if it is untethered or, if tethered, to
fully extend its wings or bate (attempt to fly while tethered) without damaging
its feathers or contacting other raptors.
(e) In most cases, each raptor should have a
pan of clean water available. However, at the discretion of the permittee, this
requirement is waived if weather conditions, the perch type used, or some other
factor makes it inadvisable to have water available to the raptor.
(f) An indoor facility must be large enough
to allow easy access for the care and feeding of raptors.
(i) If raptors are not tethered, all walls
that are not solid must be protected on the inside. Suitable materials may
include vertical bars spaced narrower than the width of the body of the
smallest raptor housed in the enclosure. However, heavy-duty netting or other
such materials may be used to cover the walls or roof of the
enclosure.
(ii) Acceptable indoor
facilities include shelf perch enclosures where raptors are tethered side by
side. Other innovative housing systems are acceptable if they provide the
enclosed raptors with protection and maintain healthy feathers.
(g) A falconry raptor or raptors
may be kept inside the permittee's place of residence if a suitable perch or
perches are provided. If raptors are housed inside the home, windows or other
openings of the structure do not need to be modified. Raptors kept in the home
must be tethered when they are not being moved in or out of the location in
which they are kept.
(h) An outdoor
facility must be totally enclosed, and may be made of heavy-gauge wire,
heavy-duty plastic mesh, slats, pipe, wood, or other suitable material.
(i) The facility must be covered and have at
least a covered perch to protect a raptor from predators and weather.
(ii) The facility must be large enough to
ensure that the birds cannot strike the enclosure when flying from the
perch.
(4)
Falconry raptors may be kept outside in the open if they are under watch, such
as by the permittee or a family member at any location or, for example, by a
designated individual in a weathering yard at a falconry meet.
(5) A permittee must inform the department
within five business days if there is a change in the location of their
facilities.
(6) Falconry facilities
on property not owned by the permittee:
(a)
must meet the standards in this rule; and
(b) the permittee must submit to the
department a signed and dated statement showing that the permittee and the
property owner agree that the falconry facilities, equipment, and raptors may
be inspected without advance notice by the department at any reasonable time of
day. Inspections must be in the presence of the permittee.
Notes
87-5-204, MCA; IMP, 87-5-204, MCA;
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