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Dear Daisygirlfp; I've just had a similar experience here in Florida. I won't mention the name of the dealer, but it turns out they were unwittingly breaking the laws, both federal and state.
I found my info on http//myfwc.com under captive reared waterfowl To acquire and possess waterfowl, F.S.372.16 requires you to have a game farm permit($50.00), then look at 50 CFR 21.13 & 50 CFR 21.14 into proper marking of said waterfowl and don't forget your copy of Form 3-186, notice of waterfowl sale or transfer from the person whom you are buying the federally protected species and keep it on file as long as you possess the birds or their eggs or offspring. I would venture to imagine that you would need to furnish a similar form to whomever you transferred the waterfowl to, be it a sale, gift, whatever. More than likely, this could apply to a fertile egg. Speaking of eggs, if you wish to experience waves of nausea, look up the fed usda gfc, and dept of ag regs for the list of compliance and permit requirements to legally sell a **** egg- And don't get me started on trying to sell one for meat, You will have an easier time butchering and selling your children! I'm not making this up! Until you walk in to your farm supply store and get pulled aside by a friend/salesperson in a small town where everyone knows each other, and they reluctantly inform you that your purchase of the little ducklings you've come to love was not exactly according to Hoyle, you've never experienced a swift kick in the groin, I AM NOT A LAWYER!!! I am some poor smuck on a few acres in the woods that is content to raise a few rabbits, ducks chickens, and veggies and be left to heck alone, Good luck with that!!! Honestly, spend the next 72 hours feverently looking for your niche( loophole ) and get back with me, LOL (Lots of Luck)
Thank you for the response. I'm not trying to be contentious, but when it comes to dealing with the bureaucracy, best to err on the side of caution. It all depends on the interpretation of the law by the investigator.
On the link covering migratory bird treaty protected species if you scroll down to taxonomic listings you will find Anas Platyrhynchos- Mallard If its a rouen it's a Mallard- If it's a khaki campbell it's a Mallard. If it's a peking, its a Mallard, altho for some reason the peking is exempt. Basically, ALL domestic ducks except the muscovy are Mallards.
(b) Limitation on application to introduced species
(1) In general
This subchapter applies only to migratory bird species that are native to the United States or its territories.
(2) Native to the United States defined
(A) In general
Subject to subparagraph (B), in this subsection the term “native to the United States or its territories” means occurring in the United States or its territories as the result of natural biological or ecological processes.
(B) Treatment of introduced speciesFor purposes of paragraph
(1), a migratory bird species that occurs in the United States or its territories solely as a result of intentional or unintentional human-assisted introduction shall not be considered native to the United States or its territories unless—
(i) it was native to the United States or its territories and extant in 1918;
(ii) it was extirpated after 1918 throughout its range in the United States and its territories; and
(iii) after such extirpation, it was reintroduced in the United States or its territories as a part of a program carried out by a Federal agency.
50 CFR 21.13 section b clearly states the requirements for physically marking your ducks.