Found a Duckling

[lomine]

1) the act you are quoting ONLY applies to Federal Law and not state law AND does not list the EXEMPTIONS such as some have already mentioned on here i.e. zoos
2) the act you are quoting ONLY applies to CERTAIN situations and to CERTAIN avian species
For example, they (meaning cities and homeowners associations) REGULARLY and LEGALLY round up and KILL Muscovy ducks in Florida as it is not A NATIVE species. Neither is the Florida Flamingo. So there are A LOT of situations that this ACT does NOT apply.

Also, the legislative intent behind the ACT is for harming or transporting in interstate commerce, not for someone wanting to love and take care of an abandon animal.

Just like I read on here is it illegal to use certain antibiotics. If you actually read the law it is for people that are raising the poultry for commercial purposes. It does not apply when it is someone's pet.

Actually, I am NOT getting off this site as there will always be bullies. If I BOIL your blood then you go spend hundred of thousands of dollars on law school. She can NOW say she depended on an ATTORNEYS advice in keeping her DUCK!

1) We don’t know what state OP lives in so you can’t say with certainty it isn’t violating state law too.
2)Mallards are one of the protected species and a zoo would most certainly have a permit.

The purpose of the act is to protect wildlife and keep people from meddling. To protect a nest of eggs on a boat that a fisherman just wants to dump overboard so he can go fishing. To protect a Golden Eagle from drowning in a drum of oil because the oil company is too cheap to put on a cover. To protect a brood of ducklings from a person who thinks they are just so cute and have to be taken home.

Like I already said, it ultimately boils down to a difference in morals. Even if there were no laws against it, I would still view the act as morally wrong. If you have a different view that’s your right but it doesn’t make my viewpoint wrong.

 

[Soon2BChixMom]

Since you never know what people are searching for when they come across a thread, I will post this from the U.S. Fish & Wildlife Service. This was taken from their faq page. There are more answers on the page, but this screenshot pertains to finding injured birds and rehabilitation of birds.
Actually federal law supersedes state laws in most instances.
https://www.fws.gov/birds/faqs.php

 

[dkkirby]

I have to talk with the others I live with. I think they want to keep it but as of right now he gets loud when I'm not around.

What do you think would happen if we introduced him to a group of mallards that live in a lake near us once he got a bit bigger?

Needs to be 8wks for that I believe

 

[MaxwellHouse]

you can keep the duck and you have attorney BAR ID 90737 TAYLOR KAIN ADVICE ON THE MATTER

If you need a written and signed letter then let me know.

 

[happy duck]

I would feed him some chick starter feed that is unmedicated and then take him to a wild life rescue.

 

[MROO]

This came from an old friend who worked for DNR (Department of Natural Resources.) Order a few Mallard ducklings from a hatchery. Put them all together. You now have a domestic flock. Not only will your baby be happier (and likely healthier in the long run) but regulations about wild life do not apply to domestic flocks. No one from the state is going to bother you. It's not worth their time or the paperwork. All is good.

 

[MaxwellHouse]

TAYLOR KAIN LAW OFFICE
PO BOX 432150
MIAMI FL 33243
CELL NUMBER 502-377-9188

ATTORNEY

 

[MaxwellHouse]

Putting in the above information for contact purposes as someone called 2crows removed my other comments. Pro Bono if someone needs a letter containing the applicable law that the Migratory Bird Act does NOT APPLY and you can keep your duck.

 

[Raenh]

I'm keeping this information.

 

[MaxwellHouse]

I am not saying this Migratory Bird Treaty Act applies to someone finding and keeping a duck but I did want to point at there are MANY MANY MANY species of ducks and other avian species that are NOT on the list.
https://www.fws.gov/birds/management/managed-species/migratory-bird-treaty-act-protected-species.php

For example, PEKING DUCKS, MANDARIN DUCKS, PEACOCKS, and many many other avian species.

SOME ducks that are on the list can be killed such as muscovy, unless in one of the rare counties that have a law to protect muscovies, like a few places in Texas.

Peacocks can be killed unless in county with a law to protect them like Miami Dade.

My point is not to take a question/answer page from a website and state is applies to everything including animals on your own property.