[Code of Federal Regulations]

[Title 50, Volume 6]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 50CFR21.13]



[Page 53-54]

 

                    TITLE 50--WILDLIFE AND FISHERIES

 

 CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE 

                          INTERIOR--(Continued)

 

PART 21_MIGRATORY BIRD PERMITS--Table of Contents

 

              Subpart B_General Requirements and Exceptions

 

Sec. 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, 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



[[Page 54]]



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.

    (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.

    (d) When so marked, such live birds may be killed, in any number, at 

any time or place, by any means except shooting. Such birds may be 

killed by shooting only in accordance with all applicable hunting 

regulations governing the taking of mallard ducks from the wild: 

Provided, That such birds may be killed by shooting, in any number, at 

any time, within the confines of any premises operated as a shooting 

preserve under State license, permit, or authorization; or they may be 

shot, in any number, at any time or place, by any person for bona fide 

dog training or field trial purposes: Provided further, That the 

provisions:

    (1) The hunting regulations (part 20 of this subchapter), with the 

exception of Sec. 20.108 (Nontoxic shot zones), and

    (2) The Migratory Bird Hunting Stamp Act (duck stamp requirement) 

shall not apply to shooting preserve operations as provided for in this 

paragraph, or to bona fide dog training or field trial operations.

    (e) At all times during possession, transportation, and storage 

until the raw carcasses of such birds are finally processed immediately 

prior to cooking, smoking, or canning, the marked foot or wing must 

remain attached to each carcass: Provided, That persons, who operate 

game farms or shooting preserves under a State license, permit, or 

authorization for such activities, may remove the marked foot or wing 

when either the number of his State license, permit, or authorization 

has first been legibly stamped in ink on the back of each carcass and on 

the container in which each carcass is maintained, or each carcass is 

identified by a State band on leg or wing pursuant to requirements of 

his State license, permit, or authorization. When properly marked, such 

carcasses may be disposed of to, or acquired from, any person and 

possessed and transported in any number at any time or place.



[40 FR 28459, July 7, 1975, as amended at 46 FR 42680, Aug. 24, 1981; 54 

FR 36798, Sept. 5, 1989]