To the best of my knowledge the prohibitions against raising Muscovies is not being enforced pending final revisions to the regs.
The public comment for the 2nd round of proposed regs ended Dec 30.
FWS received enough adverse public comments that they are considering revising the proposed regs a third time, but this time it sounds like they are inclined to exclude domestic Muscovies from any regulation other than a prohibition against the intentional release to the wild on land that you do not own.
Letters or e-mails to senators and congresspersons at this time may help to ensure this outcome.
I spoke with Dr. Allen yesterday. (About our local hawk issues). Then I asked how the Muscovy regulations were going. He requested that all emails etc stop. It is just a waste of our time at this point. Even calls from Congress is wasting ours and their time.
The USFWS is in discussions with the USDA and the USDA/Wildlife Services. The USFWS wants to hand ALL Domesticated Muscovy Duck regulations over to the USDA. However, it will retain regulations concerning feral ducks....ALL feral ducks! A new, very short, regulations will allow the USFWS to REMOVE feral flocks of all species of waterfowl, domesticated type or wild, from trouble spots etc.
Sounds like we have won! Any USDA regulation would have to go through a discussion period and the American Poultry Association monitors all USDA activity on poultry. So no surprises.