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  1. #1
    Join Date
    Apr 2008
    Charlotte, NC

    Default AFC FAQ (some answers)

    Though many know already, some are not sure what we are all about. We want to post some of our past accomplishments. This is a brief list. We are working on SEVERAL issues right now that we will post as soon as we have something to present.

    Thanks everyone!


    __________________________________________________ ____

    1. We wrote a letter of support for the MN falconers, which helped open their state for the take of passage goshawks. The best local in the lower 48 to do so!

    2. Through our efforts, South Dakota - an excellent State in the lower 48 for trapping gyrs - was opened for non-resident take.

    3. Several years ago we initiated the thrust with falconers in Colorado, Nebraska, and Montana to open to nonresident take and they are working on opening their doors as they are re-writing their falconry regs.

    4. We have retained the finest legal counsel in the country, William Horn, for wildlife law. He was previously Assistant Secretary for the Dept. of the Interior under President Reagan.

    5. We objected to the FWS's inclusion of the authority to inspect falconers' facilities when the Proposed Falconry regs were published. FWS took this objection to the Department of Justice, which stated that when FWS gives up the permitting authority, they must give up the power for FWS to inspect.

    6. Through our Counsel, we objected to the FWS stating in the Draft Environmental Assessment and the Proposed Propagation Regs that our raptors are not our private property but remain the property of the State. They withdrew this position and George Allen of FWS retracted this stance and admitted that FWS was wrong and in fact our raptors, both wild and domestic bred, are indeed private property.

    7. Through our Counsel, we objected to the FWS limiting the amount of raptors we can possess in the Proposed Falconry Regs. In the Final Falconry Regs they removed restrictions on domestic bred birds.

    8. A falconer in California was charged by FWS for euthanizing a hybrid falcon. We connected this individual with Counsel Horn. Mr. Horn wrote the brief for this case and the charges were dismissed since the MBTA was amended and non-native species, which includes hybrids as the judge determined, were exempted from the MBTA due to what is known as the Mute Swan case.

    9. We have assisted several States with comments on delisting peregrines.

    10. There are a variety of issues of lesser importance that we have helped resolve with State and federal agencies. One was an attempt by the U.S. Forest Service to prohibit take of eyass raptors on a federal park in Kentucky. Through well-connected individuals, we were able to prevent this from happening.

    *** "What are you doing for me now?" - the falconry regulations. We are against inspections after the permit has been issued, since it then becomes a search, which violates the 4th Amendment. We intend on petitioning FWS to get this offensive language removed. There are other provisions within the falconry regulations that are also offensive which we will petition FWS to remove.

    There are several other issues we are working on right now and we will be posting information about them soon!
    Last edited by JRedig; 04-05-2016 at 04:32 PM. Reason: Corrected claims about MN NR take.
    Jason Hausman - AFC Moderator
    Tundra Peregrine Falcon, Red-Tailed Hawk & German Shorthaired Pointer

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