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(1) The director may issue falconry permits in response to applications received on forms provided by the department, provided an applicant meets the requirements and otherwise complies with the provisions of this rule.

(a) Permits are valid for a period of three years or portion thereof, and shall expire on the date designated on the face of the permit unless amended or revoked. Permits are renewable.

(b) Only a person who is a resident of Montana as defined in section 87-2-102, MCA may apply for a permit under this rule.

(c) Applicants shall submit payment of a $125 state permit fee with the application.

(d) Upon program certification by the service, a first-time apprentice falconer permit will be issued for a reduced fee of $50. That first-time permit application fee must be submitted prior to taking the falconry examination.

(2) The department may reinstate a lapsed falconry permit.

(a) If a permit has lapsed for fewer than five years, it may be reinstated at the level previously held if proof of certification at that level can be provided.

(b) If a permit has lapsed for five years or longer, an examination administered by the department must be taken and passed with a score of at least 80 percent to have a permit reinstated at the level previously held. Falconry facilities must also pass state inspection before a falconry bird may be possessed.

(3) The department will recognize valid falconry permits from other states while an individual is in the process of moving to Montana. Within 120 days of moving to Montana, the department must inspect falconry facilities. Once the department residency requirements are satisfied, the department will recognize time spent practicing falconry in other service-approved states and will grant permits at the same class as permits previously held.

(4) The department may grant new residents to the United States with experience in falconry a permit to practice falconry in Montana and allow them to possess a raptor for use in falconry at an appropriate level after:

(a) taking and passing the falconry examination with at least an 80 percent score to demonstrate knowledge of falconry laws and regulations;

(b) providing documentation of experience with falconry in the applicant's country of origin;

(c) construction and inspection of falconry facilities determined by the department to be in compliance with ARM 12.6.1122; and

(d) a determination by the department of the appropriate level of falconry for which the applicant is qualified.

(5) A falconer must have permits or legible copies of them in their possession if they are not at the location of their falconry facilities and are trapping, transporting, working with, or flying falconry raptors.


History: 87-5-204, MCA; IMP, 87-5-204, MCA; NEW, 1992 MAR p. 2381, Eff. 10/30/92; AMD, 2009 MAR p. 1470, Eff. 8/28/09.

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