Mallard Duck Regulations

[DenverDucky]

The "mallards" in the case I am referring to originated at Tractor Supply. I am NOT providing a criminal suggestion because the birds came from a department store in the first place (not "the wild") It is unfortunate you decided I was "encouraging anyone to be able to just take a mallard from the wild and mark it themselves" by taking my comment completely out of context (the thread it addressed). The suggestion was provided IN THIS THREAD ONLY merely to relieve someone's apprehension. The concept of fraudulently marking wild birds that are property of the United States was never expressed or implied...on my end.

I can understand someone one who bought their mallard ducklings doing this but with all the people who come on here with ones they have found and have no clue where it came from should call a wildlife rehabber, don't just take a pair of scissors to it. Tame or not.

 

[JJRS]

Agreed.

 

[JJRS]

Further clarification: I toe clip my hatchlings. I have been breeding waterfowl for 10+ years.

 

[DenverDucky]

As a breeder of mallards would you sell any of yours unmarked? Or do you inform the buyer about why the toe has been removed? I'm just curious.

 

[kswaterfowl]

Having bred domesticated Mallards for over a decade we do NOT mark our birds in any way. Domestic Mallards differ considerably from the wild Mallard, and while we have been very lucky to finally obtain a fair number of grays that are far more streamlined and wild looking, they still have a little more domestic duck attitude than the wild ones on the pond. We also breed them in Snowy so there is no need to mark those either. You won't have any issues with the ducklings from TSC, they are sold as domestic and are for all intents and purposes domestic birds, some may fly off if left to their own devices, but the majority of them will act no different than the white Pekins. They all learn when its time to be fed and will happily come for their food.

 

[jdywntr]

BTW, if they came from TSC they are not "wild type" mallards and do not require marking. I bought some once and they wound up being Rouens.

This is from Metzer's site
All domestically hatched Mallard ducklings are required to be identified by the US Fish and Game. Our method is to remove a back toe when they hatch. This is an acceptable method by the US Fish and Game and you do not need to do any other marking of our Mallards at any time. This is to show, if you were ever inspected, that the birds were domestically hatched and not "kidnapped" out of a local marsh.

Per fws.gov:
A permit is not required to sell or dispose of properly marked, captive-reared mallards.

So, any mallard duckling sold, regardless of where, would need to be identified. TSC is a reseller. It would be the responsibility of the hatchery to properly mark their hatchlings as required by law. If people are purchasing mallards, and not mistaking rouens for them, if the hatchery is not doing it's part, that is a problem. I looked at the websites of some of the biggest hatcheries and they say nothing about marking them. But they did have a little blurb in their FAQs section regarding permits and the answer was check with your state. So, I suppose that they would be off of the hook at the state level. But the federal law is sale of properly marked.

 

[JJRS]

Edited to add: "As a breeder of mallards would you sell any of yours unmarked? Or do you inform the buyer about why the toe has been removed? I'm just curious."



All birds I have ever sold are toe clipped or pinioned, eggs notwithstanding. I have never had to explain it because I have never sold birds to anyone who did not know better.

 

[JJRS]

If the birds purchased are actually domestically hatched wild type mallards and they are unmarked there are really only 2 options:
1. Mark them yourself and move on- (Don't buy any more from them because they are ignorant of the law).
2. Attempt to initiate a criminal complaint/investigation by contacting USFWS or the State (if they will listen).

I will only speak for my State: A State permit is required to keep/sell properly marked, legally obtained or raised, domesticated wildfowl including mallards. The State requires compliance with all USFWS requirements as well as record keeping and an annual report. The State does not provide the "mallard permit exemption" the USFWS does.

The best course of action is to study the laws on you own via the USFWS web site and your State's legal resources prior to purchasing regulated species to avoid prosecution resulting from ignorance of the law. It is never too late to do this.

 

[DenverDucky]

Having bred domesticated Mallards for over a decade we do NOT mark our birds in any way. Domestic Mallards differ considerably from the wild Mallard, and while we have been very lucky to finally obtain a fair number of grays that are far more streamlined and wild looking, they still have a little more domestic duck attitude than the wild ones on the pond. We also breed them in Snowy so there is no need to mark those either. You won't have any issues with the ducklings from TSC, they are sold as domestic and are for all intents and purposes domestic birds, some may fly off if left to their own devices, but the majority of them will act no different than the white Pekins. They all learn when its time to be fed and will happily come for their food.

If you are selling mallards wouldn't you want to make sure your business is legit?

 

[DanAndQuails]

Maybe the hatcheries do not mark the ducklings because they are not over six weeks old, or anywhere near six weeks old, when they are shipped out. Whatever the case, I definitely am not going as far as to initiate a criminal complaint. If what I have are mallards and not rouens, then it seems that they should be marked. My issue still remains as to where I would get seamless metal bands. From websites, bands are either seamless PLASTIC or ADJUSTABLE metal, so that is a little frustrating...

If I could find seamless metal bands and put them on my ducks, then that would satisfy all federal requirements. (right?)

I'm hoping FWS responds to me soon (before the ducks get to be six weeks old) and gives me a clear and reasonable answer.



By the way, can anyone explain to me, in basic terms, what the federal "mallard duck exemption" is? Thanks for all your continued guidance!