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

[Duck_feeder]

Quote:
the regulations over migratory birds (50 CFR 21) has a section on definitions (50 CFR 21.3):

Bred in captivity or captive-bred refers to raptors, including eggs, hatched in captivity from parents that mated or otherwise transferred gametes in captivity.

Captivity means that a live raptor is held in a controlled environment that is intensively manipulated by man for the purpose of producing raptors of selected species, and that has boundaries designed to prevent raptors, eggs or gametes of the selected species from entering or leaving the controlled environment. General characteristics of captivity may include, but are not limited to, artificial housing, waste removal, health care, protection from predators, and artificially supplied food.

Clearly this is currently limited to raptors and will need to be updated if the phrase "captive-bred" is used in the updated muscovy regulations. But for now, we can use this as a guideline on the intended meaning of "captive-bred" as these definitions are part of the same set of regulations.

References to "captive-reared" ducks are made in 50 CFR 21.13 and 21.14 but no definition is provided as far I could tell.​

OK, sounds like they are associating Muscovies with raptors, which are federally protected and require permits to even possess. Not a good sign in my opinion. Thanks for posting this.

I just found that JM Hatcheries (Freedom Rangers) sells Muscovies from breeding stock from France, that originally came from Brazil. Grimaud Farms in California has been raising Muscovies, also from French breeding stock since 1965.

I don't think they are associating muscovies with raptors. This is more likely just a gap in the regulation due to decades worth of incremental changes to the regulations. 50 CFR 21 covers all regulations for birds that are covered by the Migratory Bird Treat Act. I will be emailing Dr Allen regarding this ambiguity in the regulations to ensure that everything is well defined.

 

[Mac_]

I guess what I meant to say, was that they seem to be associating domestic Muscovies with wild birds. The use of the term "captive bred" does seem to hint that they still may be claiming jurisdiction over domesticated Muscovies.

Why don't you ask "What is your current position on whether or not your agency has jurisdiction over domestic Muscovy production?"

 

[Duck_feeder]

Quote:
My understanding is as follows (which very well could be incorrect):

- Muscovies are under the jurisdiction of the FWS because (1) they are now a native species in the US and (2) the migratory bird treaty act requires protection of native species of birds.
- In areas where the muscovies are a native species (3 counties in Texas) they are protected. In all other areas in the US, they are considered an invasive species
- Any invasive species that is detrimental to native species fall under the FWS jursidiction
- if muscovies are truly domesticated the domestic varieties would NOT be under FWS jurisdiction.

Right now, I don't know if there is enough scientific evidence to support that all captive muscovies or feral muscovies are a distinct domesticated breed (like pekins are a domesticated breed of mallards). Simply raising an animal in captivity for many years is not sufficient to be considered domesticated and slight variations in size and appearance are not sufficient either. For example, Macaws have been raised in captivity for at least 600 years but they are not considered domesticated birds even though that can learn to socialize with humans very effectively.

Generally when a breed is considered domesticated it is classified as a different sub-species from the wild variety (my observation, do not accept as fact). I have not come across any references to a domestic muscovy sub-species. That leads me to believe that the scientific community does not consider the muscovy to be truly domesticated. As such it would fall under the jurisdiction of the FWS.

That is why I would be more comfortable with a "captive-bred" or "captive-reared" exception in the revised regulations over "domestic" exceptions. "Domestic" leaves too much to interpretation.

Of course, this is all my opinion. I urge anyone that disagrees with me to explain why they believe I'm mistaken and inform Dr Allen of their concerns.

 

[Mac_]

Thank you for that explanation. Below is a copy of my notes so far on documenting that the history of the domestication of the Muscovy.

Results of online research regarding the history of the domestication of the Muscovy


"Muscovy Ducks had been domesticated by various Native American cultures in the New World when Columbus arrived. The first few were brought to Europe by the European explorers at least by the 1500s."

http://en.wikipedia.org/wiki/Muscovy_Duck


"The muscovy duck (Cairina moschata) was domesticated in Colombia and Peru before the arrival of the conquistadores."

http://www.britannica.com/facts/5/25314/Muscovy-duck-as-discussed-in-anseriform-bird-order


"HISTORY mentioned L'Hist nat des Oyseaux p 176 fol. Paris published 1545 then being mainly black variegated with other colours ie wild colouration.Confirmation source 'The Poultry Yard' by Peter Boswell"


http://www.domestic-waterfowl.co.uk/mozzie.htm


This is a link to a page from 'Poultry Breeding and Genetics' by R. D. Crawford. This traces domestication back to the 1500s and through Africa, Taiwan, France, etc.

http://books.google.com/books?id=VM...nepage&q=Muscovy domestication France&f=false



How long have hatcheries been selling domestic Muscovies in the United States? The following are my notes from a brief online attempt to answer this question.

Grimaud Farms, California

Grimaud Farms parent company has been raising Muscovy ducks since 1965, with breeding stock from France.

"A breed apart
Originating in the warm climates of South America, the Muscovy duck is a breed apart from the rest. It is by far the leanest domesticated duck breed. Long the favorite of Europeans, Muscovy now the duck of choice here in the United States.

All natural
Groupe Grimaud, our former parent company, has been raising Muscovy ducks since 1965. To take advantage of all this experience and ensure the genetic quality of our products, (French consultants continue to visit our operations every year). The birds are barn-raised without the use of steroids, antibiotics or growth hormones. We don't hurry nature: we grow our ducks for 70-85 days compared to 42-45 days for most Pekin ducks. This allows the bird to fully mature. Feed is carefully selected for a balanced diet and for the best possible yield and flavor."

http://www.grimaudfarms.com/duck.htm

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J M Hatchery sells Muscovies from breeding stock from France.

"Muscovy Ducks originated in Brazil and were domesticated in Europe. White Muscovy Ducks are best suitable for meat production and make up 90% of commercial production of duck meat. J.M. Hatchery uses breeding stock from France that has been genetically improved to produce birds that are 50% larger than other Muscovies. The males can weigh 12 pounds in 12 weeks. The meat is less greasy and with a lower fat content than other ducks. They are known to have a sense of humor, are intelligent, and love to fly."



http://www.jmhatchery.com/ducks/white-muscovy-ducks/prod_4.html

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Ridgway Hatchery sells Muscovies.

http://www.ridgwayhatchery.com/ducks.htm

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McMurray Hatchery has been selling Muscovy eggs for over 20 years.

http://www.mcmurrayhatchery.com/assorted_muscovy_duck_eggs.html

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The above info is from just the first few results from googling "hatchery muscovy".

Results of google search for "hatcheries muscovy":

http://www.google.com/search?hl=en&...tnG=Google+Search&aq=f&aqi=&aql=&oq=&gs_rfai=

 

[Dances with Ducks]

Here is a link to Storey's Guide to Raising Ducks page 74 http://books.google.com/books?id=DD...resnum=2&ved=0CAkQ6AEwAQ#v=onepage&q=&f=false
Holderread states that the Muscovy was listed in the first Standard of Perfection in 1874!

 

[Sonoran Silkies]

Quote:
I'll be looking up the history of pekins, but would like to note that they are a HEAVY breed of duck, as compared with mallards which are bantams. There is a HUGE size difference, and I find it hard to believe that pekins were developed from mallards.

 

[Duck_feeder]

Quote:
I'll be looking up the history of pekins, but would like to note that they are a HEAVY breed of duck, as compared with mallards which are bantams. There is a HUGE size difference, and I find it hard to believe that pekins were developed from mallards.

other than muscovies, all domestic ducks were bred from mallards. The huge difference in size is due to centuries of selective breeding for color and size. Similar as to how a chiuaua and st Bernard both come from the wolf.

 

[Mac_]

I just read about a court case involving migratory birds.

United States of America, Plaintiff-appellee, v. George Allen Mebane; Leon Ralph Sears; Orville Larrywoodhouse; Nathan Cartwright, Jr., Defendants-appellants - 839 F.2d 230 - Justia US Court of Appeals Cases and Opinions

http://cases.justia.com/us-court-of-appeals/F2/839/230/83644/

It has no direct bearing on the current regulation, however, after reading it, it occured to me that the real issue is whether or not domestic Musovies are "migratory birds".

The differences in the adult weight of true wild Muscovies and domestic Muscovies should be enough to differentiate as different subspecies.

Your thoughts?

 

[Duck_feeder]

I'm not sure if weight would be a sufficient differentiator due to variations in both wild and domestic populations.

I'm interested in how the natural range in the US was determined. That might provide us with some insight on how natural
populations were distinguished from feral ones. I guess I can dig into that when I have free time. At least we aren't working against the click anymore.

 

[Mac_]

I just spoke with Alicia King at FWS and asked if they had any info on their website regarding the specifics of the changes that they were working on regarding domestic Muscovies.

She e-mailed me a pdf of a Muscovy fact sheet that contained the following:

4. What activities are now restricted? Simultaneous to the addition of the muscovy duck to
the list of migratory birds, we revised regulations at 50 CFR 21.14 (permit exceptions for
captive-bred migratory waterfowl other than mallard ducks) to restrict the possession, sale and
release of captive-bred muscovy ducks. We also revised 50 CFR 21.25 (waterfowl sale and
disposal permits) to prohibit propagation and sale of muscovies except for food and require
anyone propagating and selling muscovy ducks for food to obtain a Waterfowl Sale and Disposal
permit.
However, as a result of information received since publication of the final rules, the Service has
decided to amend the regulations restricting possession, propagation and sale of muscovy ducks.
Therefore, we will not restrict possession or issue permits for propagation and sale of muscovies
at this time. However, to reduce their spread, the revision to 50 CFR 21.14(g) prohibiting release
of captive-bred muscovy ducks to the wild, including for hunting, will be implemented.

So, as the existing rules stand, a permit is required to propagate and sell. I wonder if that really means that a permit is needed to propagate or sell.

Addresses and phone numbers for FWS: www.fws.gov/migratorybirds/mbpermits/Addresses.html.

I have cut and pasted the entire fact sheet below. I do not have a link to this, as it was e-mailed to me. Please excuse me if this has already been posted.


The U.S. Fish and Wildlife Service published a final rule adding the muscovy duck (Cairina
moschata) to the List of Migratory Birds protected under the Migratory Bird Treaty Act
(MBTA). In addition, a final rule was published restricting certain activities with muscovy
ducks and establishing a Control Order to manage feral populations. The final rules were
published in the Federal Register on March 1, 2010 (Federal Register Volume 75, pages 9282-
9322). The questions and answers below summarize how the regulatory changes affect activities
with muscovy ducks. For more information, refer to the final rules at
www.fws.gov/migratorybirds/index.html.

1. Why was the muscovy duck added to the List of Migratory Bird List? The muscovy
duck is native to Mexico, Central and South America. However, it has recently expanded its
range from Mexico to Hidalgo, Starr, and Zapata counties in south Texas. As a result of this
natural expansion into the United States, the species is now considered native and has been
added to the list of species protected under the MBTA (50 CFR 10.13).

2. The muscovy duck occurs in many areas outside of south Texas. Is it protected in these
areas? Yes. The muscovy duck has been introduced through human intervention to many parts
of the United States where it is an exotic species. Even though these feral muscovy ducks bear
little physical resemblance to the muscovy duck in its native range, biologically they are still
Cairina moschata and thus are accorded the protection of the MBTA.

3. Muscovy ducks are widely raised for food and maintained as pets and show ducks. Are
these muscovies now protected? Yes, muscovy ducks are now subject to regulation wherever
found in the United States and its territories, whether in the wild or in captivity.

4. What activities are now restricted? Simultaneous to the addition of the muscovy duck to
the list of migratory birds, we revised regulations at 50 CFR 21.14 (permit exceptions for
captive-bred migratory waterfowl other than mallard ducks) to restrict the possession, sale and
release of captive-bred muscovy ducks. We also revised 50 CFR 21.25 (waterfowl sale and
disposal permits) to prohibit propagation and sale of muscovies except for food and require
anyone propagating and selling muscovy ducks for food to obtain a Waterfowl Sale and Disposal
permit.
However, as a result of information received since publication of the final rules, the Service has
decided to amend the regulations restricting possession, propagation and sale of muscovy ducks.
Therefore, we will not restrict possession or issue permits for propagation and sale of muscovies
at this time. However, to reduce their spread, the revision to 50 CFR 21.14(g) prohibiting release
of captive-bred muscovy ducks to the wild, including for hunting, will be implemented.

5. Will the new Control Order be implemented? Yes. Simultaneous to the listing, we
published a Control Order at 50 CFR 21.54 that allows landowners, State, Federal and Tribal
agencies, and others to remove or destroy muscovy ducks, their nests, and eggs, anywhere
outside their natural range, without a federal migratory bird permit. Any muscovy duck removed
live under this order must be placed with a facility where it will be maintained under conditions
that will prevent escape to the wild, or it must be euthanized.

6. Do federally licensed migratory bird rehabilitators have to euthanize sick, injured or
orphaned feral muscovy ducks brought to their facility? We discourage the return of feral
muscovies back to the wild. We encourage rehabilitators to euthanize them, place them with a
facility that will prevent their escape to the wild, or return them to the rescuer with advice that
muscovy ducks are an invasive species and should not be returned to the wild.

7. Why was the public not given an opportunity to comment on these regulations? The
Service published a proposed rule in the Federal Register to add the muscovy duck to the list of
migratory birds on August 24, 2006 (71 FR 50194) and proposed the Control Order and other
regulatory changes specifically for muscovy duck on August 22, 2009 (73 FR 49626). Both
proposals invited public comment, were featured on our website, and State wildlife agencies
were advised. However, although any member of the public could have commented, we were
unaware of the extent to which muscovies are maintained in captivity and did not know of any
organization to inform about the proposed changes. Therefore, many muscovy duck owners
likely were not aware of the proposal.

8. When do the new regulations go into effect? The new regulations are effective March 31,
2010. However, regulations restricting possession and sale of muscovy ducks will not be
administered and permits will not be available because we plan to amend those regulations in the
near future.

9. Who can I contact if I have questions about the List or Control Orders? Contact your
Regional Migratory Bird Permit Office. Addresses and phone numbers are located at
www.fws.gov/migratorybirds/mbpermits/Addresses.html.

(3/30/2010)