(a) Apprentice falconers.      
        (1) An apprentice falconer may possess any member of the Order Strigiformes or Falconiformes except as provided in paragraph (3) of this subsection.       
        (2) An apprentice falconer may obtain a raptor by trapping, by purchase, or by transfer from another permittee.       
        (3) An apprentice falconer may not:                  (A) possess more than one raptor at any given time;                   (B) hack a raptor possessed under a permit;                   (C) possess any of the following:                      (i) American swallow-tailed kite (Elanoides forficatus);                       (ii) bald eagle (Haliaeetus leucocephalus);                       (iii) white-tailed eagle (Haliaeetus albicilla);                       (iv) Steller's sea-eagle (Haliaeetus pelagicus);                       (v) northern harrier (Circus cyaneus);                       (vi) Swainson's hawk (Buteo swainsoni);                       (vii) golden eagle (Aquila chrysaetos);                       (viii) peregrine falcon (Falco peregrinus);                       (ix) flammulated owl (Otus flammeolus);                       (x) burrowing owl (Athene cunicularia); or                       (xi) short-eared owl (Asio flammeus); or                     (D) take or possess:                      (i) an eyass;                       (ii) an imprinted raptor; or                       (iii) a raptor taken from the wild as a nestling.           
        (4) An apprentice falconer must secure a new sponsor within 30 calendar days in the event of sponsorship termination.       
        (5) An apprentice falconer may conduct abatement activities only as a subpermittee of a master falconer who holds an abatement permit.       
      (b) General falconers.      
        (1) A general falconer may possess any member of the Order Strigiformes or Falconiformes except as provided in paragraph (2) of this subsection.       
        (2) A general falconer may not:                  (A) possess more than three raptors at any given time; or                   (B) possess any of the following: golden eagle, a bald eagle, a white-tailed eagle, or a Steller's sea-eagle.         
        (3) A general class falconer may possess hybrid and captive-bred raptors.       
        (4) A general falconer may take no more than one raptor that is listed as a federal threatened species from the wild each year, provided that take is specifically authorized by both the department and the federal government.       
        (5) A general falconer may conduct abatement activities only as a subpermittee of a master falconer who holds an abatement permit.       
      (c) Master falconers.      
        (1) A master class permittee may possess any member of the Order Strigiformes or Falconiformes except as provided in paragraph (3) of this subsection.       
        (2) A master class permittee may not possess more than five wild-caught raptors at any time. Captive-bred raptors may be possessed in any number; however, all captive-bred raptors must be trained and used for hunting.       
        (3) A master falconer may possess up to three golden eagles, white-tailed eagles, or Steller's sea eagles, in the aggregate. To possess a raptor under this subsection, a master falconer shall submit to the department a written request to possess individuals of the listed species. The written request required by this subsection must contain description of the applicant's experience in handling large raptors, including information about the species handled and the type and duration of the activity in which the applicant has engaged. The written request required by this subsection must be accompanied by at least two letters of reference from people with experience handling and/or flying large raptors such as eagles, ferruginous hawks (Buteo regalis), goshawks (Accipiter gentilis), or great horned owls (Bubo virginianus). Each letter of reference must contain a concise history of the author's experience with large raptors, and must attest to the applicant's ability to care for eagles and fly them in falconry.       
        (4) A master falconer may take up to two golden eagles within a calendar year from a livestock depredation area declared by the United States Department of Agriculture or the governor.       
        (5) A master falconer may take no more than one raptor that is listed as a federal threatened species from the wild each year, provided that take is specifically authorized by both the department and the federal government.       
        (6) A master falconer may conduct abatement activities with a bird or birds possessed under the person's falconry permit, provided the birds are captive-bred and the permittee has obtained a federal permit for that purpose.       
        (7) No person other than the master falconer to whom an abatement permit has been issued may use a raptor possessed under a falconry permit to conduct abatement activities. A master falconer may receive payment, and may pay a general or apprentice falconer for providing abatement services under a federal permit for that purpose.       
      (d) Raptor propagator permittees.      
        (1) A person who holds a raptor propagator permit may use raptors possessed by the person under a falconry permit for captive breeding, however, if the raptor is used as a captive breeding bird for more than eight months in any 12-month period, the raptor must be:                  (A) permanently transferred as a propagation bird; and                   (B) be permanently banded as provided under 50 CFR §21.30.         
        (2) A raptor propagator may not possess or breed species of raptors listed by the federal government as endangered unless the propagator can document proof of seven years' experience caring for and handling raptors.       
      (e) Nonresident trapping permittees. A nonresident trapper shall not trap more than one raptor per year in this state.     
      (f) Federal abatement permittees.      
        (1) The possession limits established in this section for each class of permittee do not apply to raptors possessed under a federal abatement permit.       
        (2) The requirements of §65.268(2) of this title (relating to Equipment and Facility Standards; Related Provisions) apply to raptors possessed under a federal abatement permit.       
        (3) Only a raptor held under an abatement permit may be used for abatement purposes, unless the raptor is possessed as a falconry bird by the abatement permit holder. If a raptor is possessed as a falconry bird and flown for abatement purposes, it must be:                  (A) captive bred; and                   (B) flown only by the person to whom the abatement permit was issued.         
     Source Note:        The provisions of this §65.267 adopted to be effective June 3, 2010, 35 TexReg 4425; amended to be effective July 22, 2013, 38 TexReg 4639