Muscovies in US - REGULATION CHANGES OPEN FOR COMMENTS - 10/1 update

Quote:
Dr Allen is going to attempt to get a USFWS vet to provide me with a "how to pinion" and I will pass that on.

In my opinion, we have won. Marking will be fairly simple.

The issue is that we have sold birds to folks who acused this problem. Easter Muscovy ducklings will be no more. Where did all those feral Muscovy ducks come from? From breeders who sold them to the wrong people. Lets get our head out of the sand and become responsible. This regulation barely will effect most on this forum. You can still raise the Mscovy for exhibition, meat and eggs. the backyard flock is untouched, other than marking them. So your ducks are no longer "pets". Your backyard chickens are not "pets" but production birds for your home table.

Yesterday I won the Champion Waterfowl at our American Poultry Association Arkansas State Meet. It was with an old drake, Chocolate Muscovy that we call "Old Dan". Just a big, fat, ugly pet....I mean production/exhibition duck. Lets be reponcible. Yesterday a local lady purchased a trio of chocolate muscovy ducks and released them on her "private" golf course/country club. Within two or 3 years we will have a large population of feral muscovy ducks in my neighbor hood. I offered to trade her some Budd Ducks for the Muscovy. She declined. I explaine dto her what she did was against the law. She would not listen.

To be honest, I have wanted to pinion our Muscovies so we don't have to clip the wings. From what I have read, we have a nice comprimise. If we don't handle this properly, they may go back to the original rules.
 
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=425956940e277f5d5949f66ea64f72a6&tpl=/ecfrbrowse/Title50/50cfr21_main_02.tpl

TITLE
50--Wildlife and Fisheries

CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR

SUBCHAPTER B--TAKING, POSSESSION, TRANSPORTATION, SALE, PURCHASE, BARTER, EXPORTATION, AND IMPORTATION OF WILDLIFE AND PLANTS

PART 21--MIGRATORY BIRD PERMITS


Subpart A--INTRODUCTION

§21.1
Purpose of regulations.

§21.2
Scope of regulations.

§21.3
Definitions.

§21.4
Information collection requirements.


Subpart B--GENERAL REQUIREMENTS AND EXCEPTIONS

§21.11
General permit requirements.

§21.12
General exceptions to permit requirements.

§21.13
Permit exceptions for captive-reared mallard ducks.

§21.14
Permit exceptions for captive-bred migratory waterfowl other than mallard ducks.

§21.15
Authorization of take incidental to military readiness activities.


Subpart C--SPECIFIC PERMIT PROVISIONS

§21.21
Import and export permits.

§21.22
Banding or marking permits.

§21.23
Scientific collecting permits.

§21.24
Taxidermist permits.

§21.25
Waterfowl sale and disposal permits.

§21.26
Special Canada goose permit.

§21.27
Special purpose permits.

§21.28
[Reserved]

§21.29
Falconry standards and falconry permitting.

§21.30
Raptor propagation permits.

§21.31
Rehabilitation permits.


Subpart D--CONTROL OF DEPREDATING AND OTHERWISE INJURIOUS BIRDS

§21.41
Depredation permits.

§21.42
Authority to issue depredating orders to permit the killing of migratory game birds.

§21.43
Depredation order for blackbirds, cowbirds, grackles, crows and magpies.

§21.44
Depredation order for designated species of depredating birds in California.

§21.45
Depredation order for depredating purple gallinules in Louisiana.

§21.46
Depredation order for depredating scrub jays and Steller's jays in Washington and Oregon.

§21.47
Depredation order for double-crested cormorants at aquaculture facilities.

§21.48
Depredation order for double-crested cormorants to protect public resources.

§21.49
Control order for resident Canada geese at airports and military airfields.

§21.50
Depredation order for resident Canada geese nests and eggs.

§21.51
Depredation order for resident Canada geese at agricultural facilities.

§21.52
Public health control order for resident Canada geese.

§21.53
Control order for purple swamphens.

§21.54
Control order for muscovy ducks in the United States.


Subpart E--CONTROL OF OVERABUNDANT MIGRATORY BIRD POPULATIONS

§21.60
Conservation order for light geese.

§21.61
Population control of resident Canada geese.
 
I don't currently own muscovies, but I have wanted to get some. Not sure if I am going to now. Not sure if I want to deal with marking them and so on. I wonder if this is going to stick and how strictly it will be enforced.
 
You should make a comment to that effect. We need to comment if you want your issues to be addressed.

I disagree with Jim's Farmstand. I think that it should NOT be illegal to own muscovies as pets. Muscovies make wonderful pets and I have owned muscovies as pets for years. Muscovies should be able to be sold and kept as pets and those pets could be marked to be able to track both breeder and owner (seller would have to document who the duck was sold to) to encourage responsible pet ownership.

I agree with Mac, Muscovy ducks have been domesticatedfor hundreds of years and they are domesticated livestock. As such, they are not subject to these marking requirements. However, I have argued with with FWS and they don't seem to care because there are wild populations that have crossed the border in the US and that seems to trump the livestock designation -- which I personally think is crazy.

Anyway, whatever your thoughts, you need to make them known to FWS. This is our time to be heard.
 
My personal feeling is the Muscovy is livestock and thus, USFWS has no jurisdiction. I also oppose Obamacare. Did no good. We are stuck with big government regulating the Muscovy. They have been polite enough to ask our input.

Though many won't admt it, the pet duck industry has acused this issue.

Not one exhibition Muscovy has been released into a feral location. The pet folks claim they haven't. So where has all these feral muscovy ducks come from? The city park in Little Rock, Arkansas has a large population of Muscovy ducks. When I lived near Muskogee, Oklahoma the city parks had a severe problem with feral Muscovy ducks. We can not change what caused USFWS to start this regulation, but if we work with them we can save what we have. I for one will be more careful who I sell Muscovy eggs and birds to. I have been considering pinioning my Muscovies anyway. Don't like clipping wings on show birds.

Just remember, calling USFWS and emailing will not change this. We must respond according to the law. In writing to the address provided in the regulation.
 
Correct me if I'm wrong or if i missed something but as it states
(b) All mallard ducks possessed in
captivity, without a permit, shall have
been physically marked by at least one
of the following methods prior to 6
weeks of age and all such ducks
hatched, reared, and retained in captivity
thereafter shall be so marked
prior to reaching 6 weeks of age.

and as a muscovy is not a mallard derived species, they do not have to marked in the methods listed.
If they want us to "mark" muscovies as such they would need to change the wording.

I also like how they stated
We also propose editorial changes to reorganize the material in
this section of the regulations, and to use simpler words and more
straight-forward sentences in order to clarify, and use consistent
terminology in, the requirements.

and it was still hard to follow without getting lost in all the legal mumbojumbo.​
 
Hold the phone, there's a lot more to this than just marking our ducks. Read section 21-25. What about the waterfowl sale and disposal permit? What's that going to cost? How much government interference and red tape does it involve? How come domestic captive-raised mallards are exempt but Musovys aren't ? How do you like the part about documenting all transfers of said birds, providing copies to the purchaser and filing a copy and reporting monthly and anually to the FWS, This is starting to make NAIS sound pretty tame. Or is this just a way to gret NAIS foot through the door? Which breed and or species comes next?
 
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exhibition and flocks for meat/egg production would be exempt from permits. It is the pet market that they wish to control. Thousands of feral ducks that were released when pet folks got tired of them.
 
Quote:
exhibition and flocks for meat/egg production would be exempt from permits. It is the pet market that they wish to control. Thousands of feral ducks that were released when pet folks got tired of them.

So how does one transfer a Musovy? Say I have a drake who is just to die for and I have enough of his genetics here, and I am going in a different direction in regards to... head color- something- doesn't matter- and I want to sell him to you. Does he get re-marked and the old band stays with me and a record of purchase? Does he keep the old one and the new one?
 

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