I have to hand it to you all for such amazing work on behalf of protecting the right to farm. Hats off and congratulations for influencing federal law. I'm impressed.
Muscovies in US - REGULATION CHANGES OPEN FOR COMMENTS - 10/1 update
- Thread starter Duck_feeder
- Start date
Quote:
I think these are win-win points that help Dr. Allen achieve his objectives, while allowing us to continue to raise Muscovies without a Federal permit, thus protecting one's right to farm.
For a sample letter to send to Dr. Allen visit: http://muscovyban.blogspot.com/2010/04/rule-by-u-s-fish-and-wildlife-service.html
Mac_
So is this the new law. Can we keep and breed muscovys now with out being an outlaw.
I think these are win-win points that help Dr. Allen achieve his objectives, while allowing us to continue to raise Muscovies without a Federal permit, thus protecting one's right to farm.
For a sample letter to send to Dr. Allen visit: http://muscovyban.blogspot.com/2010/04/rule-by-u-s-fish-and-wildlife-service.html
Mac_
So is this the new law. Can we keep and breed muscovys now with out being an outlaw.
ok im confused. so as of 6/10/10, is it legal to buy ad sell muscovies?
- Nov 3, 2009
- 77
- 1
- 31
Jeeper,
The law that bans raising Muscovies is still on the books. It is just not being enforced. It is my understanding, however, that you can still breed and sell Muscovies.
That said, I still feel strongly that we all need to make our voices heard on this issue.
See my post on 6/1/2010 for a link to suggested language and contact info.
Dr. Allen still has to formally publish his proposed revisions to the law. So voicing our demands that our right to farm is strongly protected in those revisions is still important.
After he publishes his proposed revisions, there will then be a public comment period. We will once again need to make our voices heard.
The price of liberty is eternal vigilance.
Mac_
The law that bans raising Muscovies is still on the books. It is just not being enforced. It is my understanding, however, that you can still breed and sell Muscovies.
That said, I still feel strongly that we all need to make our voices heard on this issue.
See my post on 6/1/2010 for a link to suggested language and contact info.
Dr. Allen still has to formally publish his proposed revisions to the law. So voicing our demands that our right to farm is strongly protected in those revisions is still important.
After he publishes his proposed revisions, there will then be a public comment period. We will once again need to make our voices heard.
The price of liberty is eternal vigilance.
Mac_
Last edited:
where do i send the email?
Quote:
Quote:
- Mar 17, 2010
- 142
- 2
- 99
Not so officially on hold. By law they are illegal for breeding purposes. A word of warning for anyone who wants to apply for a variance to keep Muscovies, save your money and time, don't bother to ask. You will be denied because of the current federal regulations.
Correct -- the regulation is NOT on hold -- only the enforcement of it. But because it is not currently being enforced there is no reason to apply for a variance.
- Mar 17, 2010
- 142
- 2
- 99
I had to apply for a variance because I live on this stupid road which is a platted sbdivision over 35% developed. I was cited for having livestock and instead of hiding the birds I wanted to make it legal. Waste of time and money.
I emailed our state game and fish commission and this is the response I received.....
I have received multiple inquiries in the past few weeks about new USFWS regulations governing Muscovy ducks. The new regulations will not affect individuals who raise, breed, and sell Muscovy ducks and their eggs for food (i.e., no FWS of AGFC permit is required). This is not clear in the current Code of Federal Regulations but changes are forthcoming to clarify the issue; see bullets 7 and 8 in the attached document. Of course folks are still subject to other FWS and AGFC regulations, such as those prohibiting the release of these birds for any reason.
Kim Cartwright
Media Specialist
Arkansas Game and Fish Commission
See Below
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 listthe 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 birdsCanada, 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 TexasHidalgo, 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 havent 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)
I have received multiple inquiries in the past few weeks about new USFWS regulations governing Muscovy ducks. The new regulations will not affect individuals who raise, breed, and sell Muscovy ducks and their eggs for food (i.e., no FWS of AGFC permit is required). This is not clear in the current Code of Federal Regulations but changes are forthcoming to clarify the issue; see bullets 7 and 8 in the attached document. Of course folks are still subject to other FWS and AGFC regulations, such as those prohibiting the release of these birds for any reason.
Kim Cartwright
Media Specialist
Arkansas Game and Fish Commission
See Below
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 listthe 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 birdsCanada, 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 TexasHidalgo, 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 havent 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)
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