Originally Posted by
goshawkr
Hey Paul.
Also, the US FWS expressly retained the ability to perform their own enforcement activities, including inspections, when they handed administration of falconry down to the states, and they commonly see themselves as being "above" any state law or any state interpretation of federal law.
No, the USFWS turned all of the inspections over to the state, no where do they expressly retain the ability to perform their own inspections. This was one of the big changes that came about in these new regulations, all law enforcement was turned over to the states. That said, individual states could add more restrictive language and grant federal law enforcement the ability to perform inspections.
From 50 CFR 21.29
(ii) You must submit to your State, tribal, or territorial agency that regulates falconry a signed and dated statement showing that you agree that the falconry facilities and raptors may be inspected without advance notice by State, tribal (if applicable), or territorial authorities at any reasonable time of day, but you must be present. If your facilities are not on property that you own, you must submit a signed and dated statement showing that the property owner agrees that the falconry facilities and raptors may be inspected by State, tribal (if applicable), or territorial authorities at any reasonable time of day in the presence of the property owner; except that the authorities may not enter the facilities or disturb the raptors unless you are present.
(9) Inspections. Falconry equipment and records may be inspected in the presence of the permittee during business hours on any day of the week by State, tribal, or territorial officials."
Paul Domski
New Mexico, USA