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

[HallFamilyFarm]

Oh, I called the secretary of the American Poultry Association. She had not heard about this yet. The Muskovy is a recognised breed and has been in the standard for years! She is calling the APA president and he will call the legislative committee. The APA will stand up and take action!

 

[Cindiloohoo]

Quote:
Good work!!

 

[Davaroo]

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The law goes into effect March 31, 2010! It has passed without the American Poultry Association or any of the exhibition organisations or media knowing about it.

The best laws usually do...

 

[harryg6167]

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The law goes into effect March 31, 2010! It has passed without the American Poultry Association or any of the exhibition organisations or media knowing about it.

I may be wrong but from my reading this did not have to go before the house or senate to become a law.
If I read this right the Secretary of Interior and his cohorts can decide to add birds at any time they want to.

Authority for the Secretary of the Interior to determine, periodically, when, consistent with the Conventions, "hunting, taking, capture, killing, possession, sale, purchase, shipment, transportation, carriage, or export of any . . .bird, or any part, nest or egg" could be undertaken and to adopt regulations for this purpose. These determinations are to be made based on "due regard to the zones of temperature and to the distribution, abundance, economic value, breeding habits, and times of migratory flight." (16 U.S.C. 704)

Comment were taken on this proposal back in 2008. Did any of you all know about it then or did only a select few know about
it? I was just wondering as now it might be too late to get it stopped. I don't raise muscovies because personally
I just don't like them. But I will sign any petition to help stop this from taking place if possible.
Anyone that sits back and reads this thread and decides to not do anything to try to help in any small way
because you, like me do not have muscovies and it does not concern you, think about it. What if the next
crazy law was to prevent anyone but commercial growers from owning chickens,quail, or any other farm animal for that matter.
As I said I don't like 'em but will do whatever I can. I will be sending a letter to the Senators from my state and signing a petition
for whoever has one going.

 

[Dances with Ducks]

Link to the petition in my signiture.

 

[Ducks-R-Us]

DID YOU READ THIS:
‘‘* * * these new proposed rules do not
deal with domesticated farm populations.

 

[Dances with Ducks]

DID YOU READ THIS:
‘‘* * * these new proposed rules do not
deal with domesticated farm populations.

What about this:

"We amend the regulations to
prohibit sale, transfer, or propagation of
muscovy ducks for hunting and any
other purpose other than food
production, and to allow their removal
in locations in which the species does
not occur naturally in the contiguous
United States, Alaska, and Hawaii, and
in U.S. territories and possessions."

Maybe we need a lawyer to interpet this​

 

[harryg6167]

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I think you may have misread that statement.

( ‘‘* * * these new proposed rules do not
deal with domesticated farm populations.)

That statement was actually a response that they recieved about the proposals when they were in the stages
of recieving responses from the public. The gov. responded to that statementby saying the following:

Response. Control of this species in areas in which it is invasive
is the intent of this rulemaking.



(g) You may not acquire or possess live muscovy ducks, their
carcasses or parts, or their eggs, except to raise them to be sold as
food, and except that you may possess any live muscovy duck that you
lawfully acquired prior to March 31, 2010. If you possess muscovy ducks
on that date, you may not propagate them or sell or transfer them to
anyone for any purpose, except to be used as food. You may not release
them to the wild, sell them to be hunted or released to the wild, or
transfer them to anyone to be hunted or released to the wild.

I don't even care for them but now keeping my head buried in this darn ruling. (Gotta be a bigger loophole for
you muscovy owners somewhere in it)





``* * * the proposed rule makes no mention of so-called
``mules,'' a cross between Muscovy ducks and other duck species.
Mules, while unable to reproduce, s[t]ill have the potential to
hamper government control of Muscovy duck populations. This topic
should be addressed.''

Response. Any hybrid of a species listed at 50 CFR 10.13 is a
Federally-regulated migratory bird species. As such, it may be managed
under all relevant regulations. Hybrids of muscovy ducks in the wild
may be controlled under this regulation.

 

[Dances with Ducks]

They also say
"We allow private
ownership of MBTA-protected species
in few circumstances. We intend to
disallow private possession of muscovy
ducks, except to raise them to be sold
as food (which has been ongoing for
years). However, we will allow
possession of any live muscovy duck
held on the date when this rule takes
effect."

 

[Sonoran Silkies]

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No, Federal laws supercede State laws, including State Constitutions. Federal RULES or REGULATIONS do not, unless enacted as Federal law. What would likely happen is that it would go to court to determine if the Federal Law is Constitutional (US).