ENV-12-13-00006-A New York State Falconry Regulations

7/17/13 N.Y. St. Reg. ENV-12-13-00006-A

NEW YORK STATE REGISTER

VOLUME XXXV, ISSUE 29

July 17, 2013

RULE MAKING ACTIVITIES

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

NOTICE OF ADOPTION

 

I.D No. ENV-12-13-00006-A

Filing No. 704

Filing Date. Jul. 01, 2013

Effective Date. Jul. 17, 2013

New York State Falconry Regulations

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Action taken:

Amendment of Part 173 of Title 6 NYCRR.

Statutory authority:

Environmental Conservation Law, sections 11-1001, 11-1003, 11-1007 and 11-1009

Subject:

New York State Falconry Regulations.

Purpose:

To implement changes to New York State's falconry regulations.

Text or summary was published

in the March 20, 2013 issue of the Register, I.D. No. ENV-12-13-00006-P.

Final rule as compared with last published rule:

No changes.

Text of rule and any required statements and analyses may be obtained from:

Joseph E Therrien, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4752, [phone], email: [e-mail]

Additional matter required by statute:

A programmatic environmental impact statement is on file with the Department of Environmental Conservation.

Initial Review of Rule

As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2018, which is the 4th or 5th year after the year in which this rule is being adopted. This review period, justification for proposing same, and invitation for public comment thereon, were contained in a RFA, RAFA or JIS:

Assessment of Public Comment

The Department of Environmental Conservation (department) received comments from 14 individuals on the proposed amendments to the New York State falconry regulations during the 45-day public comment period (March 20 – May 6, 2013). All individuals who provided comments were in support of the proposed regulation with ten individuals in full support of adopting the regulations with no further changes. The amended regulations will bring the state falconry regulations into compliance with the changes incorporated in the Federal regulations thereby allowing New York to continue falconry in the state under the new Federal falconry standards.

Several individuals commented on allowing falconers to fly golden eagles (Aquila chrysaetos) in New York State. However, golden eagles are specifically excluded from the definition of “raptor” - birds that can be flown for falconry, in Environmental Conservation Law § 11-1001. Golden eagles are also listed as endangered in New York State and therefore are further excluded from the statutory definition of raptor and as such, the department cannot authorize their use in the sport of falconry through regulation.

Several comments were submitted addressing the licensing of apprentice falconers. One comment suggested that the minimum age to be licensed as an apprentice falconer should be lowered to 12 years of age – the limit set by the USFWS in the federal regulations. The department and the falconry advisory board (board) agreed to leave the minimum age at 14 which is the current limit in state regulations. It was also suggested that apprentice falconers be allowed to possess and fly any species of hawk authorized by the USFWS including captive bred Harris’ hawks (Parabuteo unicinctus). The department and board discussed this as well but agreed that an apprentice falconer should gain experience in trapping and flying wild raptors native to New York so that they could later train other apprentices they may sponsor in the trapping of wild raptors for use in falconry. The board and the department agreed that the red-tailed hawk (Buteo jamaicensis) and American kestrel (Falco sparverius), the two raptors allowed to be possessed and flown by apprentice falconers, were ideal birds for the beginning falconer. After completion of training as an apprentice, the falconer can then qualify for the general falconry license and the wider range of raptors available at that level.

One comment was received which suggested removing the requirement that a sponsor has to be present with their apprentice for at least the first two times that the apprentice flies his or her first raptor. The department and board disagree with this suggestion and instead favor the oversight and guidance of the sponsor for apprentices who are acquiring the beginning skills in the sport of falconry especially when the apprentice is flying his or her raptor for the first time in the wild.

Several comments were submitted addressing master falconers. One comment addressed the 13 raptor maximum for master falconers stating that this limit was too high and suggested that 5 to 7 birds was enough for a falconer to maintain. The department and board set this limit to provide falconers who had the means, time and ability to possess, train and fly this number of raptors the opportunity to do so and to allow master falconers to use multiple captive bred raptors held under the authority of their falconry license for authorized abatement activities.

A comment was received stating that master falconers should not be required to train captive bred raptors, held under the authority of their falconry license, in pursuit of wild game and use the raptors in hunting. The department contends that the intent and purpose of issuing a falconry license to individuals authorizing the possession of regulated species is specifically for the purposes of training and using raptors for these activities.

One comment was received which disagreed that general falconers must, along with submitting three letters of reference from master falconers, be approved by the board prior to receiving a master falconry license. The falconry advisory board is a commissioner appointed board qualified by reason of their association with state or national organizations or institutions with primary interest in ornithology, falconry or wildlife conservation. Among the board’s duties are reviewing and screening applications for falconry licenses and, recommending action to be taken on each application. The knowledge and experience of the board serve well in the review and screening of upgrades to the master falconry license ensuring that applicants have the skills and care techniques required of a master falconer.

One additional comment was received questioning the language of the regulation as it pertains to use of raptors for abatement activities. The regulation as written allows master falconers to use raptors held under the authority of their falconry license for abatement activities. The concern was raised that the regulation would limit abatement activities only to raptors held under the authority of a falconry license. The regulation clarifies that master falconers may use falconry raptors for abatement activities as an additional authority under their falconry license without having to obtain a separate license from the department. Any captive bred raptor held under the authority of a USFWS Abatement license will be allowed to be used for abatement activities in New York State regardless of whether the raptor is held under the authority of a falconry license.