Feathers Fly Over Federal Ruling on Muscovy Ducks

Oct. 3, 2010 - PRLog -- Hempstead, TX – For animal rescuer Tobi Kosanke, the time to act is now.  The nation’s Muscovy ducks are about to land in the government’s “shoot to kill” zone, and the Texas farm owner is fighting the Feds to protect them.  Kosanke, who has about 50 Muscovy ducks on her working farm located just outside of Houston, is challenging a recent federal ruling designed to control the entire country’s Muscovy duck populations – including hers.  The ruling is about to go into law, and she is encouraging Americans join her in the fight.

The Muscovy is a large duck native to Mexico, South America, and Central America.  Due to recent northward expansion, the ducks have established some small natural breeding grounds in parts of southern Texas, and they can be found in several locations throughout Florida.  Muscovies have also been introduced in many locations throughout the United States.  Not only are these ducks kept as pets and show poultry, and raised by many people as a food source, Muscovies can be found in just about every public park and pond across the country.

“The comment period is NOW OPEN,” Kosanke, Crazy K Farm owner, said.  “If you have pet Muscovy ducks, or simply enjoy having these wonderfully sweet ducks on a pond in your local park, on your golf course, or in your subdivision, this is the time to MAKE A COMMENT or those ducks will be gone.”

The flap over Muscovies started on March 1st.  That’s when the United States Fish and Wildlife Service (FWS) published a final rule, CFR 21.54, adding the Muscovy duck – which is a non-migrating bird – to its list of Migratory Birds protected under the Migratory Bird Treaty Act (MBTA).  The FWS decided to take control over Muscovies after several individuals and States, primarily Florida and Texas, started expressing concern that the ducks have become a nuisance.  Reports of local aggressiveness and property damage led the FWS to establish a nationwide order to manage feral populations.  The order allows anyone to destroy the ducks, their nests and their eggs anywhere outside of their natural habitat in rural, southern Texas in any manner except shooting.  Additionally, anyone in the U.S. who keeps Muscovy ducks for any other reason except as show animals or to produce meat and eggs would no longer be allowed to do so.  All Muscovies in the United States would also have to be marked on either the wing or leg.

“I have two very large issues with this regulation.  First of all, it regulates a non-migratory domesticated bird that has been kept as both pet and livestock since the inception of our country.  A bird designated as livestock should NOT be regulated by the FWS,” Kosanke said.  “Second, the issues with the Muscovy that the FWS is trying to address are nearly identical to those of the Mallard, which IS a migratory bird.  Like the Muscovy, the Mallard duck is a waterfowl that individuals commonly purchase from hatcheries, has become a nuisance population in some areas, and also breeds with other species of duck, yet there is no national control order for the Mallard, nor are all Mallards in the U.S. required to be marked with leg or wing bands; instead, problems with Mallards are dealt with on the local level.”

“In Florida, for instance” Kosanke points out, “a Mallard Control Permit was issued by the Florida Fish and Wildlife Conservation Commission to address their local problem of nuisance situations and cross-breeding.  This is exactly what should have happened with the Muscovy instead of the FWS issuing a nationwide control order on, and banning possession of, a domesticated duck.”

The Fed’s enforcement of the ruling was set to begin on April 1st, but was officially put on hold as a result of public protest and backlash. In an unprecedented move, the FWS decided to reopen its rule-making and allow further public comment.

“When the FWS announced that they were amending the regulation, I was very hopeful.  But, unfortunately, while the amendment does address the issues of the bird clubs and livestock industry, both of which heavily lobbied the FWS to not include exhibition birds or poultry raised for meat in their regulation, the largest contingent of Muscovy lovers was ignored,” Kosanke said.  “As it is now written, regulation CFR 21.54 makes it illegal for individuals and subdivisions to maintain their pet duck populations.  It also makes it illegal for counties and cities to place Muscovy ducks on their ponds.”

Kosanke is encouraging people to join Crazy K Farm in making sure the ruling is revised in such a way that Americans can legally own and enjoy Muscovy ducks.  She has posted information about the regulation on her website http://www.crazykfarm.com/MuscovyDucks.html, and has included instructions on how to comment.

“I implore anyone in the United States who enjoys having Muscovy ducks around to let their voice be heard,” Kosanke said.  “Please comment before the comment period closes on December 30th.”

For more information about Crazy K Farm please visit http://www.crazykfarm.com.  Media inquiries can be directed to (800) 980-4165.

About Crazy K Farm® Crazy K Farm® is located in Hempstead, Texas approximately 45 miles northwest of Houston.  Chickens, ducks, geese, guinea fowl, goats and sheep are raised on the 35-acre working farm.  The majority of the animals are rescues.  Crazy K Farm® manufactures quality pet and poultry products including the patents-pending Hen Saver® hen apron, Avian Haven® hut for caged birds and Kitty Holster® cat harness.  The company is a member of the Houston Better Business Bureau, and is in the process of becoming a woman-owned business through the Small Business Administration.

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