Muscovy ducks now illegal to own. Actions duck lovers need to take.

[thkosan]

The regulation as stands states that you are able to keep the Muscovies you already have (have had as of March 31st) but can not obtain additonal ducks, sell what you have or hatch the eggs.

What I find crazy is that the Muscovy is a domesticated duck, and has been for 500 years. How could the FWS get away with putting poultry on the Migratory Bird List? Just nuts...

As far as how the ruling will be amended, it will depend on what comments the FWS continues to get from US -- so contact them and make your opinion heard!

 

[lovesduckies]

Quote:
there are no wild scovies here either. i have never seen on till i got them. i won't abide. there are more important thing to worry about then birds. like drugs.. i can't tell you how many times i've called the cops on him for selling ILLEGAL drugs in front of my house and they don't do anything. sooo why would i abide to something i think is stupid and not worth it? this makes me mad.

Yea niether will I. I got my muscovies early last year and this is there first time producing for me and I'll be darned if I'm gonna dispose of eggs and what not. I've got people asking to buy the ducklings already!

i've got a lady at a feed store who wants to buy mine. she told me to call her as soon as they hatch. these are my first hatchlings, as if i will dispose them HAHAH they are toooo funny. either she doesn't know or doesn't care lol. she was telling me stories about her drake and then was totally curious about my inside the house duckies lol. catch me if you can

 

[Sierra pachie bars]

Yup I do not plan on getting rid of mine. I will keep raising them. Heck we are buying a larger home with more land so I can have more. I am pretty sure nobody in my area is going to complain nor report me.
I still see many at the swap meet every time I go. I just bought several babies. Hoping we move soon as they are getting large very fast. Escrow takes forever.. lol

 

[luvmychix]

Well I have done everything I can for now as far as the actions listed to take on this post. A few said they would contact me back but we will see if it is true. I won't get rid of my muscovy's and I have a momma that has been sitting on 15 eggs for 11 days now and 10 more in the incubator. My muscovy's are part of my family and I love them very much. I had over 100 ducks last year with 9 breeds and decided to only keep my Muscovies as the seemed to me to have to best and most personality. I have a total of 10 Muscovies right now and they are all big babies and eat out of your hand if you will let them and follow you around the yard like puppies. I sit outside for hours watching them play and swim. Last year I had a momma sitting on her eggs and somehow she hurt her leg and the other ducks were kinda picking on her so I brought her and the nest of 25 eggs in the house and she finished hatching them beside my computer desk. Once hatched she was able to go back outside with her babies.

Thinking about getting rid of these babies makes me want to cry! I have ducks, chickens, quail, guineas, turkeys, geese, pigs, goats, horses, donkeys, dogs and cats..... Now don't get me wrong here I love all my animals but If I had to only pick one.... It with no question would be my ducks! Maybe I am strange but it's true!

 

[thkosan]

You will in all liklihood not have to get rid of your ducks -- but you may have to band them or mark them in some way. The revisions are continually getting revised as we continue to contact the FWS and others, so we just need to keep calling and expressing your concerns.

I have out together a press release and have sent it to my local media. You can look at it on my website and maybe put one like that together for yourself. The key is to get the word out and press releases do that very well.

 

[dreamrequest]

Thanks for the heads up.. now, will someone ship me some Muscovies before they start enforcing the law???

 

[RunnerDucks]

This makes me nervous. People keep muscovy for meat, pets, showing, etc. If they can take one species of our barnyard/backyard fowl, they can take any of them. There are plenty of other breeds of duck that can survive and reproduce in the wild. Will calls or Australian spotted ducks be next on the list of things to ban?

It's kind of like dog breed bans to me. There may be a problem with one or two breeds, but a severe step like completely banning it only sets ground to ban more in the future any time any inkling of a problem pops up. In other areas, breed bans have spread to include breeds that have no reputation or evidence of aggression, but are simply large enough to cause significant damage if they ever should try.

There are also laws trying to go through that will ban large snakes. This will spiral (mark my words) into a ban on all "exotics" that could potentially be dangerous or invasive. That sounds fine to many people, until they realize that sugar gliders, pot bellied pigs, ferrets, chinchillas, and even guinea pigs are all exotic pets.

IMO, this trend towards more and more regulations and laws is getting ridiculous, and I hope we (citizens) realize that and take action before it's too late.

 

[ScaredOfShadows]

I have been actively responding to this ban on muscovies and the other ban on large constrictors. I own two small species of python - ball python, but have owned larger snakes in the past and as well I own a pit bull mix dog! I'm like this large snakes and pit bulls, its the irresponsible owners that have made a bad name for these animals (fighting pit bulls and not containing a potentially aggressive dog-or not following simple protocal when handling a large snake and being killed or releasing a large snake into the wild that shouldn't be there- and it starts eating the neighborhood cats and dogs) and us responsible and loving owners have to pay the price, but the animals pay for it more.

I mean in the case of breed bans - some areas when the ban went into affect you couldnt just let them know you had the dog before the ban went into affect, you would have to either get rid of your pit bull or move...I agree if they are starting to do this with dogs, reptiles, and now a domesticated fowl - whats next? Mallards, wood ducks, any and every duck? What about chickens?? they going to start taxing people who raise their own chickens for meat and eggs? Its crazy.

 

[Steve_of_sandspoultry]

This is part of an email we got from the FWS permit division. See #8 . The regulation IS on the books but they are not inforcing it. We have heard nothing back from them to date as to when it will be changed.




The U.S. Fish and Wildlife Service finalized changes to the List of Migratory Birds, both adding and removing species. An accurate and up-to-date list of species protected by the Migratory Bird Treaty Act (MBTA) is essential in order for the public, and our permittees in particular, to know which species are regulated. Published simultaneously with the revised list are two control orders that allow continued management of two species that have been added to the list—the muscovy duck and the purple swamphen.

All three final rules were published in the Federal Register on March 1, 2010 (Federal Register Volume 75, pages 9282-9322). The questions and answers below summarize the changes. For more information on these and other changes, including the revised migratory bird list, refer to the final rules at www.fws.gov/migratorybirds/index.html. All permittees are encouraged to review the new regulations carefully.

1. When do the new regulations go into effect? The final rules implementing the revised List of Migratory Birds and the control orders for muscovy ducks and purple swamphen are effective March 31, 2010.

2. Where are these new regulations located? The list of migratory birds is located in Title 50 of the Code of Federal Regulations, Part 10.13. The control order for muscovy duck is located at 50 CFR 21.54. The control order for purple swamphen is located at 50 CFR 21.53. You can access these regulations through our website at: www.fws.gov/migratorybirds/mbpermits/regulations/regulations.html.

3. What is the statutory authority for these regulations? The Service is responsible for administering and enforcing the MBTA (16 U.S.C. 703-711). The MBTA implements Conventions (treaties) between the U.S. and four countries for the protection of migratory birds—Canada, Mexico, Japan, and Russia. You can find information about these Conventions at www.fws.gov/laws/lawsdigest/treaty.html.

4. How has the List of Migratory Birds changed? The list of migratory birds has increased by 175 species (186 added to the list and 11 removed), bringing the total number of species protected by the MBTA to 1007. The changes include adding species based on new evidence of occurrence in the United States, including species that occur in Hawaii and the U.S. territories, removing species no longer known to occur within the United States, and changing names based on new taxonomy. Among the changes are:
• 94 species added due to including species of casual/accidental occurrence;
• 38 species added as a result of taxonomic splits; and
• 52 species added by including bird species in families covered by the MBTA that occur in Hawaii and the U.S. territories.

5. Why have species that occur in Hawaii and the U.S. territories now been added to the list? Previously, the Service considered it inappropriate to include species whose occurrence in the U.S. was accidental or casual--only species that occurred regularly in the U.S. were included. However, on reexamination of the MBTA and Conventions, we now recognize that any species that is listed in the Conventions or belongs to a family listed in the Conventions is protected by the MBTA anywhere it occurs in the U.S., including its territories, regardless of its population or migratory status.

6. Is the Barbary Falcon still listed? No, the Barbary falcon has been removed from the List of Migratory Birds. Previously, the Barbary falcon was considered a subspecies (pelegrinoides) of the peregrine falcon (Falco peregrinus). We now defer to the taxonomic treatment of Monroe and Sibley (1993) in recognizing F. peregrinus pelegrinoides as a distinct species, F. pelegrinoides, the Barbary Falcon, which occurs completely outside the U.S. This brings our treatment of this taxon into conformity with that adopted by the Convention on International Trade in Endangered Species (CITES).

7. Why was the muscovy duck added to the list and what does the new Control Order do? The muscovy duck (Cairina moschata) was added to the list as a result of natural expansion of the species’ range from Mexico to three counties in south Texas—Hidalgo, Starr, and Zapata. However, the muscovy duck has also been introduced through human intervention to many parts of the U.S., where it is an exotic species. Simultaneous to placing the muscovy duck on the list of migratory birds, we published a Control Order at 50 CFR 21.54 that allows landowners, State, Federal and Tribal agencies, and others to remove or destroy muscovy ducks, their nests, and eggs, anywhere outside their natural range, without a federal migratory bird permit. Any muscovy duck removed live under this order must be placed with a facility where it will be maintained under conditions that will prevent escape to the wild or it must be euthanized.

8. What other restrictions apply to muscovy duck? Other regulations published in addition to the listing and Control Order restrict possession of muscovy ducks (50 CFR 21.14) and require a Waterfowl Sale and Disposal permit to sell captive-bred muscovy ducks for food (50 CFR 21.25). However, as a result of information received since publication of the regulations, the Service plans to amend these regulations in the near future. Therefore, we will not administer these regulations at this time and will not issue permits.

9. Why was the purple swamphen added to the list and what does the new Control Order for the species do? The purple swamphen (Porphyrio porphyrio) is a member of the family Rallidae, a family included under the treaties with Canada and Mexico. It occurs naturally in the U.S. territories of American Samoa, Baker and Howland Islands, Guam, and the Commonwealth of the Northern Mariana Islands. However, it has also been introduced to other areas through human intervention, primarily southern Florida where it is an invasive species. The Control Order at 50 CFR 21.53 allows Federal, State, Tribal and local wildlife management agencies, their tenants, employees, or agents to remove or destroy purple swamphens anywhere outside their natural range, without a federal migratory bird permit. Carcasses may be donated to public museums or public institutions for scientific or educational purposes, buried or incinerated, or, if irretrievable, left in the field. Care should be taken not to confuse purple swamphens with purple gallinules, which they resemble.

10. How do the changes in the List of Migratory Birds and the control orders affect migratory bird permittees? Do they need to amend their permits? If you are a migratory bird permittee, you may be affected by these changes in a variety of ways, depending on the type of migratory bird permit you have.
Permit type
Waterfowl sale & disposal If you are a Waterfowl Sale & Disposal Permittee raising muscovy ducks, you do not need to amend your permit or make any changes to your activities at this time.
Falconry 1. Barbary falcons no longer count against your possession limit. However, hybrids between Barbary falcons and MBTA-listed species are protected by MBTA and count against your limit.
2. Nine accidental/casual raptor species have been added to the list and will require permits to possess.
Raptor Propagation 1. You no longer require a raptor propagation permit to propagate Barbary falcons. However, you do require a permit to hybridize MBTA-listed species with Barbary falcons.
2. You may no longer place Federal seamless bands on Barbary falcons.
3. Nine accidental/casual raptor species have been added to the list and will require permits to possess.
Special Purpose Abatement 1. You no longer require an Abatement permit for Barbary falcons. However, you do require a permit to use MBTA-listed species hybridized with Barbary falcons.
2. Nine accidental/casual raptor species have been added to the list and will require permits to possess.
Scientific Collecting If you are a Scientific Collecting permittee, you should compare your permit with the revised List to ensure you are covered for the species you are working with that are now listed, particularly in Hawaii and the U.S. territories. You should request amendment of your permit if you need to collect recently listed species.
Rehabilitation 1. You should not be substantively affected by the species additions and deletions but you should adopt the updated taxonomy if you haven’t already.
2. Although possession of muscovy ducks will not be federally regulated at this time, we discourage you from releasing feral muscovies back to the wild, except wild muscovies within their native range. We encourage you to place muscovies brought to your center with a facility that will prevent their escape to the wild or euthanize them. However, you may return the duck to the rescuer. If you do, we encourage you to advise the public that muscovy ducks are invasive species and should not be returned to the wild.
3. You should not release purple swamphens brought to your center back to the wild, except in American Samoa, Baker and Howland Islands, Guam, and the Northern Mariana Islands. They should be placed with a facility where they will be maintained under conditions that prevent escape to the wild or euthanized.
Special Purpose Education Nine accidental/casual raptor species have been added to the list and will require permits to possess.

11. Who can I contact if I have questions about the List or Control Orders? Contact your Regional Migratory Bird Permit Office. Addresses and phone numbers are located at www.fws.gov/migratorybirds/mbpermits/Addresses.html. (3/31/2010)

 

[Buttercup Chillin]

Bugcrusher said;

Probably aimed at meat producers for muscovy duck and a means to regulate and tax them.

I think it was aimed more at pet owners that got tired of thier ducks and dumped them on public lands. After all Muscovies grow up to be massive, they just keep growing. They don't stay cute and fluffy for long. On public lands they breed like crazy, have become ferral and are just out of control.

I see your from Florida, hope you enjoy crushing mosquitos too. Cause that population of critters is about to explode, without Scovies to help keep them controlled.

It is not open season on Muscovies. If you think it is you better read that law, before you find yourself in...trouble.

The new law is enforcable, however they are not at this time enforcing it. When they have made the revisions that are coming, it will be enforced by the various states and by local various agencies. Read the law itself, it is all spelled out. Will they go looking for Muscovies everywhere, no but in some areas of the country that asked for this law, yes they will and are rounding them up.​