Information Concerning Captive-Reared Waterfowl in Florida
Because most species of ducks, geese, and swans are considered
wildlife, their acquisition, possession, keeping, selling, etc. are
regulated by the Florida Fish and Wildlife Conservation Commission
and the U.S. Fish and Wildlife Service. Florida law (F.A.C.
68A-4.005) requires that you keep captive-reared waterfowl (either
exotic or native species) on your property and not release them
into wild situations, because they are potential carriers of
disease to wild waterfowl. To acquire and possess waterfowl,
Florida Statute 372.16 requires you to have a game farm permit
($50). This license covers the protection, preservation,
propagation, rearing, and production of game birds and game mammals
for private and commercial purposes. You can apply for one of
these online at our permit page or by contacting the
Florida Fish and Wildlife Conservation Commission regional office
nearest you.
Most waterfowl species, other than muscovies and Pekin ducks,
are protected by federal law under the Migratory
Bird Treaty Act. No federal permits are needed to buy or keep
captive-reared waterfowl, but the protected species and any of
their resulting offspring must be properly marked as captive reared
(50 CFR 21.13 and 50 CFR 21.14). Proper marking consists of at
least one of the following: removal of right hind toe; pinioning;
banding with a seamless, metal leg band; or tattooing the web of
the foot. Federal law (50 CFR 21.14) also requires you to obtain a
copy of Form 3-186, Notice of Waterfowl Sale or Transfer, from the
person from whom you are buying the federally protected species.
You should keep this form on file as long as you possess the birds
or their eggs or offspring.
If you sell federally protected waterfowl species (other than
mallards) or their offspring, you need a federal Waterfowl Sale and
Disposal Permit (50 CFR 21.25). You also need to provide completed
copies of federal Form 3-186, Notice of Waterfowl Sale or Transfer,
to anyone who buys birds from you. To get an application for the
federal permit and Forms 3-186, visit fws.gov or
contact the U.S. Fish and Wildlife Service's regional office in
Atlanta, 404-679-7049.
Any species of domestic or captive-reared waterfowl can transmit
disease to wild waterfowl. All confirmed outbreaks of DVE, also
known as duck plague (a sometimes-devastating viral infection), in
wild waterfowl have been linked to domestic or captive-raised
waterfowl. Fowl cholera is another serious disease that is
transmittable between domestic and wild waterfowl. Although we have
had no major outbreaks reported yet in Florida, the potential for
captive-reared or domestic waterfowl to spread disease to wild
waterfowl remains a biological concern. We consider domestic or
captive-reared waterfowl to be undesirable in the wild because of
their potential to transmit disease and because of the potential
(in the case of mallards) to interbreed with Florida's native
waterfowl. Therefore, relocating or releasing captive-reared or
domestic waterfowl into a wild situation is not legitimate or
appropriate. Captive-reared waterfowl should remain confined to the
owner's property, where the birds do not come into contact with
wild waterfowl.
You can find a listing of businesses selling waterfowl and other
game birds at mynaga.org.
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