Mallard issue

[JJRS]

COPIED AND PASTED FROM 50 CFR 21.13:

§ 21.13 Permit exceptions for captive-reared mallard
ducks.
Captive-reared and properly marked mallard
ducks, alive or dead, or their eggs may be acquired,
possessed, sold, traded, donated, transported, and
disposed of by any person without a permit, subject to the following conditions, restriction s, and requirements:
(a) Nothing in this section shall be construed to
permit the taking of live mallard ducks or their eggs from
the wild.
(b) All mallard duck s possess ed 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 retain ed in captivity
thereafter shall be so marked prior to reaching 6 weeks of
age.
(1) Removal of the hind toe fro m the rig ht foot.
(2) Pinioning of a wing : Provided, That this
method shall be the removal of the metacarpal bones of one
wing or a portion of the metacarpal bones which renders the
bird permanently in capable of flight.
(3) Banding of one metatarsus with a seamless
metal band.
(4) Tattooing of a readily discernible number or
letter or combination thereof on the web of one foot.
(c) When so marked, such live birds may be
disposed of to, or acquired from, any person and possessed
and transferred in any number at any time or place:
Provided, That all such birds sh all be physically marked
prior to sale or disposal regardless of whether or not they
have attain ed 6 weeks of age.


SINCE YOU STATED YOU ACQUIRED THE MALLARDS LEGALLY IN THE FIRST PLACE, NOT TO MENTION THEY MAY BE LESS THAN 6 WEEKS OLD, CLIP THE RIGHT HIND TOE OF EACH BIRD AND YOU WILL BE IN COMPLIANCE. (I AM IN NO WAY SUGGESTING ANY ILLEGAL ACTIVITY.)

THE LIKELIHOOD OF REACHING SOMEONE AT TSC WHO IS KNOWLEDGABLE IN REGARDS TO MBTA ISSUES IS SLIM TO NONE.

 

[AJH1544]

Thank you!!!!!! that was a huge help! I didnt realize it was only the right toe, i will have to double check now.

And they were hatched the first week of march, so they are far beyond six weeks old,

 

[AJH1544]

And as far as the flying issue... Ive searched on here for clipping and feel like i can do it well. But when and how often does it get done? Ive read once a year, but about what time of year does it need done?

 

[Haunted55]

Haunted, my limited understanding was that keeping mallards as pets is illegal unless you can prove they were hatched at a hatchery, usually denoted by removal of hind toes? I am new to this, so please bear with me, i am trying to learn but also cover my bases. I dont want any trouble.

NO, don't get me wrong!!! This was the first I'd heard of it and I did some quick looking up and found the laws. I am wondering if there have been amendments to them. I didn't get a chance to call any hatcheries but did put in a call to TS and was told they can't sell anything that hasn't met the Feds laws and rules. Also they have to go by local laws as well. If it came across wrong, I am sorry! Truly!

I do have all my receipts from last March or April, when ever it was. I have also blithely hatched a few more from my originals and in fact just had 5 hatch today. From the reading about the Mallards I have done, they won't fly away from home as long as they have plenty of feed and water, even though they aren't much removed from the wild Mallards. Mine never have offered to do that at all. They do get a kick out of dive bombing the geese and occasionally us, but never much more. I can tell you that one of my girls led a Red Tail hawk right into the door post at the opening to their pen. I really thought she was a gonna but she knew what she was doing. The hawk was able to fly up into a tree but it sat there for a long time just shaking it's head. I think it may have had itself a headache from the argument with the door frame.

After reading the laws, which made me sick by the way, I just can't see me maiming one of these little babies! There is no chance I am going to be removing bones from their wings, that's for sure! Clipping their toe??? I believe God put it there for a reason and I'm not going to argue with him. I'm going to do some more searching and see what I can find out about this.

 

[JJRS]

The molt is approximately sometime between late July and late August. All the males go first, then all the females. You cant miss it, flight feathers everywhere. Start watching the birds about two weeks after they drop their feathers and when you see the new primaries growing in, cut them. Just don't cut any higher than you can clearly see. Make sure you are cutting below and not into any pinfeather sheaths

 

[AJH1544]

Thanks everyone for your replies.

I double checked today when i finally remembered, and they all still have their back toes on both feet. We put a tarp over the top of the kennel where they are penned up to keep them in till i can get hubby to help me clip wings. We will be building a new small barn in july with separate rooms and outdoor runs for the ducks and chickens, so they just have to hold out til then being afraid of the tarp. They havent come out of their duck house since we put the tarp up, lol.

I guess i will just wait til someone comes and says skmething before i go to all the trouble of getting a record from tsc since we do not have our receipts anymore. Just seems so shady and a pain in the rear for them to sell mallards from a hatchery that doesnt even properly mark them. Wont be doing that again! Webuy our chicks from a hatchery,guess we will have to start doing the same with the ducks from now on.

Thanks again for all your help, everyone.

 

[Haunted55]

Thanks everyone for your replies.

I double checked today when i finally remembered, and they all still have their back toes on both feet. We put a tarp over the top of the kennel where they are penned up to keep them in till i can get hubby to help me clip wings. We will be building a new small barn in july with separate rooms and outdoor runs for the ducks and chickens, so they just have to hold out til then being afraid of the tarp. They havent come out of their duck house since we put the tarp up, lol.

I guess i will just wait til someone comes and says skmething before i go to all the trouble of getting a record from tsc since we do not have our receipts anymore. Just seems so shady and a pain in the rear for them to sell mallards from a hatchery that doesnt even properly mark them. Wont be doing that again! Webuy our chicks from a hatchery,guess we will have to start doing the same with the ducks from now on.

Thanks again for all your help, everyone.

Like i said before, you might want to check and see if the Law has been changed somehow. TSC is responsible for selling anything from their stores. they have to be in compliance with the local as well as federal laws. I think the 'wait and see' is your best bet. In the mean time, do contact TSC and get them going on the search. It took me 2 months to get a copy of my receipt, but they finally came through. Be persistent.

 

[JJRS]

I can assure you the Fed law has not changed. In addition, many States require a State permit for keeping mallards.

 

[Haunted55]

I can assure you the Fed law has not changed. In addition, many States require a State permit for keeping mallards.

Good to know, but it still doesn't answer how TSC or the other companies are able to sell these birds to the public with no disclaimer or warnings of the necessary actions needed to be in compliance with Federal or State laws.

Effective: Tuesday, November 01, 2011
Captive-reared and properly marked mallard ducks, alive or dead, or their eggs may be acquired, possessed, sold, traded, donated, transported, and disposed of by any person without a permit, subject to the following conditions, restrictions, and requirements:
(a) Nothing in this section shall be construed to permit the taking of live mallard ducks or their eggs from the wild.
(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.

The hatchery where these ducks originated from would of course hold a permit. They are too big an operation not to go through the proper channels. They would be the ones who are first, aware of any Federal or State restrictions for ownership of these birds. It would fall on them to be in compliance with the sale of these birds, as they were the first to 'own' these birds. Tractor Supply Company, the second 'owner', would also have to be aware of restrictions applying to this ownership. Even though the law states 6 weeks of age, they could still be held culpable if someone wanted to really push this. What about the times when they have birds unsold for the 6 weeks? Do they become law breakers? If so, why isn't something done about it? I know of at least two stores in my State that have had birds up to the 8 week mark and some were Mallards. They have been sold since reaching that age so where is the culpability here? The store? The unsuspecting final buyer? Or is it the original owner, the hatchery, being the permit holder who needs to be in compliance to retain the right to hold it?

Let's take this a bit further...21.13b subsections 1 - 4 and c.

(1) Removal of the hind toe from the right foot.
(2) Pinioning of a wing: Provided, That this method shall be the removal of the metacarpal bones of one wing or a portion of the metacarpal bones which renders the bird permanently incapable of flight.
(3) Banding of one metatarsus with a seamless metal band.
(4) Tattooing of a readily discernible number or letter or combination thereof on the web of one foot.
(c) When so marked, such live birds may be disposed of to, or acquired from, any person and possessed and transferred in any number at any time or place: Provided, That all such birds shall be physically marked prior to sale or disposal regardless of whether or not they have attained 6 weeks of age.

1 and 2, for me woud be out of the question. I cannot see permantly maiming an animal of any kind to be covered under the laws. That's just a bit harsh. 3 and 4 are much more user friendly and easy to do. In fact I am in the process of getting the leg bands right now. Simple and keeps everyone happy. Then we come to subsection c....it distinctly says that these Mallards have to be marked prior to sale even if they have not reached the 6 week age. So it goes back to my original question...how can these businesses sell these birds when they are in blatant violation of at least the Federal laws and most probably on the State level as well?

I am not trying to be argumentative, seriously. From your posting, I get the impression you are involved with this some how and just would like to understand the hows and whys of the workings of these laws.

 

[JJRS]

I am offering knowledge as one who has/does study the laws so as not to run afoul while pursuing my hobby. It is important to me to keep it all legal.
With regards to TSC-I purchased "mallards" from them once. I asked several times if the birds were "mallards" or "rouens." I was assured they were "mallards." I bought them and later found they were "rouens." I gave them away.
With regard to "how"-if TSC is actually selling "wild type" mallards without the proper marking-THAT IS A VIOLATION. However IMO, I doubt the Fed would care to go after TSC on that matter because it is highly unlikely TSC has people on the ground illegally collecting mallard eggs to sell them in the stores.
It is also unlikely the Fed would come to anyone's house to prosecute because they have 3 unmarked mallards purchased from TSC. It COULD happen though.
Once one has taken possession of the unmarked birds-the culpability/liability lies with the possessor-that is why it is important to know the law-nobody wants to "prove it in court"

If the birds in question are in fact "wild type mallards" and they are being sold in VIOLATION it would require a "whistle blower" to make the Fed aware. There is no standardized Federal inspection or oversight program for sellers that I am aware of. It is a "BUYER BEWARE" system.

Personally I won't buy birds from TSC-that's how I handle the situation.

In regards to RINGING the birds-I doubt you will be successful because the RINGS are one piece and must be slipped over the foot at a young age (4-6 weeks) for the bird to grow into the RING so it becomes un-removeable.

I have never tattooed birds. I have been told by people who have that it is difficult and may result in damage to the webbing if done improperly.
Hope this helps