To protect and preserve the art and practice of falconry for future generations and to protect falconers’ rights, we hereby declare ourselves as a non-profit organization known as American Falconry Conservancy established in 2002 – an organization dedicated to the art of hunting with trained raptors. It is also our intention to pursue the broadest liberties possible that are not in conflict with legitimate conservation efforts based upon sound biological and legal reasoning. Citizens have a right to practice falconry within the confines of ecologically and ethically responsible behavior, and it is the intention of AFC to defend this right.
We further declare that our purpose is to help promote knowledge of quality falconry, as well as to instill pride in falconers for the cultural heritage of the sport, and its place in world history. We also support and recognize falconry’s continuing contributions to raptor/avian science and ecology.
Lastly, we declare that our purpose is to open borders between all States and nations for: trapping wild raptors, commerce in domestically propagated raptors, and transportation of all secure species of raptors for use in falconry. |
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FWC approves draft rule to allow peregrine falcons for falconry |
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For immediate release: September 9, 2009 Contact: Patricia Behnke, 850-251-2130 FWC approves draft rule to allow peregrine falcons for falconry The Florida Fish and Wildlife Conservation Commission (FWC) moved one step closer to allowing falconers to take peregrine falcons for the sport of falconry. At the meeting in Howey-in-the-Hills on Wednesday, the Commission directed staff to finalize the rule that authorizes the take of peregrine falcons for falconry with a permit issued by the FWC. |
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Regulation Comments |
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I want to thank the USFWS for the opportunity to comment on the changes in the falconry regulations, RIN 1018–AW44. As president of the American Falconry Conservancy (AFC), I wish to convey to the USFWS the position of this organization in relation to the inspection of falconers birds, mews and paperwork. It is the position of the American Falconry Conservancy that after passing the initial inspection as an apprentice falconer by the state , that random inspections are considered warrantless searches that have no basis in law. The AFC is opposed to including administrative inspections in the final federal regulations as well as the demand that states are required to carry out these inspections. We further oppose the requirement that falconers must sign a document allowing the inspections as a prerequisite to their falconry permit. Falconry inspections that occur after the initial inspection are used as a method of search for infractions that can be utilized to revoke a falconers license and potentially remove their birds, which are considered private property. These warrantless searches are contrary to the Constitution of the United States. The AFC is in favor of a search when there is evidence of infractions or danger to the raptor and a warrant is easily obtained in these situations. The attached file is in support for this position and is based on the Constitution as well as Supreme Court cases. The AFC strongly urges the USFWS to consider removing the requirement for these inspections from the proposed regulations in order to be compliant with federal law. View Complete Document |
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Accomplishments |
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Since its formation in 2002, the American Falconry Conservancy has accomplished a great deal. 1. Through our efforts, Minnesota - the best State in the Union for trapping passage goshawks - was opened for non-resident take.
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 non-resident 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. We have assisted several States with comments on delisting peregrines.
9. There are a variety of other issues 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.
You may ask, "What are you doing for me now?" Currently, we are working on helping States to adopt State 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 to petition the 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!
We would not have been able to accomplish these goals without the active support of our membership; it has allowed us to procure the legal representation to move forward expeditiously on matters that affect our right to practice our sport. We believe that actively maintaining open lines of communication with our membership is what has been responsible for our continued growth. We hope this trend continues unabated! |
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