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October 15, 2008

Public Comments Processing

Attention: RIN 1018-AV34

Division of Policy and Directives Management

U.S. Fish & Wildlife Service

4401 North Fairfax Drive, Suite 222

Arlington, VA 22203-1610

Re: FWS-R9-MB-2007-0017; 91200-1231-9BPP

To Whom it May Concern:

I write on behalf of the National Pest Management Association (NPMA) to
provide comments on the U.S. Fish and Wildlife Service (USFWS)
rulemaking "Migratory Bird Permits; Control of Muscovy Ducks, Revisions
to the Waterfowl Permit Exceptions and Waterfowl Sale and Disposal
Permits Regulations." I will confine my comments to proposed 50 CFR
21.54, which pertains to "Control order for muscovy ducks in the United
States."

Founded in 1933, NPMA represents more than 5,000 professional pest
management companies that manage pests such as ants, cockroaches,
mosquitoes, spiders, stinging insects, termites and other wood
destroying organisms for various clients in countless settings such as
single and multi-family housing, restaurants, schools, child care
facilities, office buildings, hotels, and many other commercial and
institution structures. An increasing number of NPMA members also manage
vertebrate pests such as nuisance birds like muscovy ducks, especially
companies operating in Florida.

Large numbers of muscovy ducks can be found in Florida.  Many people
consider unconfined ducks a nuisance. Muscovy ducks can be aggressive
toward pets and children, deposit droppings where they are not desired,
and cause damage to lawns and gardens by their feeding and nesting
activities. Further, ducks lay many eggs, and uncontrolled duck
populations can increase dramatically in a short time. In small, urban
ponds, high bird densities contribute to reduced water quality that
lessens the aesthetic value and presents a potential public health
hazard. Each adult duck produces about 1/3lb of manure each day.

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October 15, 2008

FWS-R9-MB-2007-0017; 91200-1231-9BPP

NPMA applauds USFWS for putting forward this important rulemaking. We
find this action to be an acknowledgement of the problems outlined above
and it will definitely cut unwarranted red tape and bureaucracy. We very
much appreciate USFWS looking to streamline government.

The supplementary information that accompanies the text of the proposals
notes "We expect control of muscovy ducks to be undertaken primarily
through the use of walk-in baited traps and through shooting." We
believe the use of U.S. Environmental Protection Agency non-lethal,
contraceptive technology is also a prospective control option. Fed to
the ducks through bait, the product acts as a contraceptive and prevents
egg and embryo development. The product has been subject to a rigorous
risk assessment by the federal government, and the failure to follow
directions prescribed on the product labeling is a violation of both
federal and state law. At this time, only one active ingredient,
nicarbazin, is registered for this use for the control of muscovy ducks.
The use of the product is limited to state certified pesticide
applicators or persons under their direct supervision and only for those
uses covered by the state certified applicator\'s certification. Listed
below is a link to the product labeling. Also below is suggested
language for the rulemaking permitting the use of EPA registered
contraceptive technology.

<http://www.innolyticsllc.com/dec06add/OvoControlGGosDuk.pdf>

54. **Control order for muscovy ducks in the United States.**

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(a) Control of Muscovy ducks. Anywhere in the contiguous United States
    except in Cameron, Hidalgo, Starr, and Zapata Counties in Texas, and
    in Alaska, Hawaii, and U.S. territories and possessions; landowners
    and Federal, State, and local wildlife management agencies, and
    their tenants, employees, or agents may, without a Federal permit,
    remove or destroy muscovy ducks or their nests or eggs at any time
    when found. **[Landowners and Federal, State, and local wildlife
    management agencies, and their tenants, employees, or agents may
    also, without a Federal permit,]{.underline}** **[feed muscovy ducks
    U.S. Environmental Protection Agency registered contraceptive
    technology, provided such feeding is done according to label
    directions]{.underline}**. Any authorized person may temporarily
    possess, transport, and dispose of muscovy ducks taken under this
    order.

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October 15, 2008

FWS-R9-MB-2007-0017; 91200-1231-9BPP

NPMA appreciates the opportunity to comment on the USFWS' muscovy duck
rulemaking. Feel free to contact me at <gharrington@pestworld.org> or
(703) 352-6762 if you have any questions.

Sincerely,

Gene Harrington

Director, Government Affairs