Posts Tagged ‘muscovy ducks’
New Federal Muscovy Duck Regulations Passed
May 3, 2010 | 
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Image of a Muscovy Duck
However, agency officials say that for now they will not enforce the new regulations while the consider making revisions.
Confused yet? You aren’t the only ones. Let’s back it up a bit for those people who are just now learning about this situation.
Some months ago the U.S. Fish & Wildlife Service announced proposed changes to current migratory bird regulations that would include Muscovy Ducks as a regulated species and prohibit ownership, transportation or use of these birds except by those who obtain the required permits (and a few public entities that are exempt).
This was in response to some nuisance populations of these birds in states like Florida where feral and wild birds have become burdensome to parks and golf courses. The fact that this regulation is too broad including all Muscovy Ducks with no exemption for the domesticated birds seemed to be of little concern, until now.
Originally the announcement was made in the Federal Register, which is not a publication widely read by the hundreds of farmers, poultry exhibitors, and pet owners in the United States. So it is of little surprise then that, according to Dr. George Allen of the U.S. Fish & Wildlife Service, “little response” was received to the proposed changes and the agency went forward to enact the new regulations as of March 31, 2010.
White Muscovy Ducks on a Farm
However, there has been growing protest against the regulation and the U.S. Fish & Wildlife Service does appear to be listening. Which is great news, let’s take advantage of it by sending in polite, thoughtful letters that explain the situation from a farmer, pet owner, or exhibitor’s point of view… or as a consumer. Here’s a template letter made by the Farm-to-Consumer Legal Defense Fund.
According to the Fact Sheet, and one official Dr. George Allen, the U.S. Fish & Wildlife Service was ““…unaware of the extent to which muscovies are maintained in captivity and did not know of any organization to inform about the proposed changes.”
The fact that they seem aware at all now is partially do in part to the work of such groups such as the American Poultry Association and private farmers, exhibitors and owners on various forums and mailing lists on the web. I know I heard about it in March through one of the rare poultry email list groups I read.
Now we also have the Farm-to-Consumer Legal Defense Fund addressing the issue and soliciting comments from those people affected by this new regulation that have not had a chance to make their voices heard until now. They have an explanation of the legalities of this situation, a plan of action and a letter template for you to use to add your voice to the opposition of this new regulation.
Ok, so the regulation is in place and Muscovy Duck ownership is now regulated, right? Yes, but it’s not that simple. The agency says they are considering revisions so they will not issue anyone a permit right now but not to worry because they aren’t enforcing the new regulations. Right. Seems like a legal trap there and it explains why some big hatcheries are no longer offering the Muscovy eggs to customers. Even if they mean well, it puts is in a difficult situation. Do we or don’t we?
The Muscovy Duck has an unusual head coloring.
My best advice is to proceed with caution, make your voice heard and educate as many people about this situation as you can and ask their help in preserving private Muscovy Duck ownership. If you decide to risk getting some Muscovy Ducks be prepared and keep a copy of the Fact Sheet on hand in case some officials decide to enforce the changes made to MBTA (50 CFR 10.13). They clearly state in the fact sheet that we do not need permits but then they say they did change the regulations to require we have permits but are not choosing to enforce it at this time.
From the Fact Sheet:
“4. Do I need a migratory bird permit to raise and sell Muscovy ducks now? No. Although we amended the regulations at 50 CFR 21.14 and 21.25 to restrict possession and sale of muscovy ducks, we will not restrict possession or sale, or issue permits for this species at this time. As a result of information received since publication of the final rules, the Service has decided to revise the regulations”
Do we know when we will see revisions? Not that I have been able to find out. Do we know what those revisions will be? No indications there either but it is hopeful that reasonable accommodations will be made for livestock birds. The fact that this federal agency, the U.S. Fish and Wildlife Service, has no real jurisdiction over domesticated livestock animals, that do not migrate, doesn’t seem to matter which is alarming.
In the mean time if you are concerned please check out the Farm to Consumer Legal Defense Fund’s website. They have more information and a sample letter you can use to express your opposition to the rules as they stand now.
Also be sure to read the U.S. Fish & Wildlife Service’s fact sheet about the Muscovy Duck regulations. There you can see their explanations and perhaps keeping a copy for your records is good in case someone does knock on your demanding your proof of permit to own, raise, breed, show, sell or eat Muscovy Ducks.
Also Dr. George Allen urges anyone with suggested changes to the regulations to email him at george_t_allen@fws.gov.
Now, what does this really mean? Well, the reality is that the agency has no hope of enforcing this nationwide. At least not in a fair manner. Instead it will end up being a case by case, who got turned in by a nasty neighbor or sting operations at farmer’s markets and other places where eggs and meat might be sold. With the FDA’s sneaky tactics against raw milk sales it’s hard to place a limit on what these agencies will do. What they can and cannot do seems to be well defined but that doesn’t seem to limit the FDA’s harassment of dairy farmers across the USA. That, is of course a long and important topic for another day.
Read the Final Rule Here:
Another Article on this issue:
Muscovy Duck ‘Protection” gets mixed reviews in Florida | Palm Beach Post
Other interesting Muscovy Duck Websites:
AvianWeb’s Muscovy Duck Info Sheet
http://www.avianweb.com/muscovyduck.html
The Muscovy Duck Standard
http://www.muscovyduckcentral.com/witt_farms/themuscovyduckstandard.html
Muscovy Duck Central (for those who LOVE these ducks)
http://www.muscovyduckcentral.com/
Muscovy Duck Wikipedia
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