ELR Citation: ELR 20156
No(s). 05-3244 (8th Cir. Aug 7, 2006)

The court holds that the Migratory Bird Treaty Act (MBTA) and its implementing regulations do not preempt Arkansas regulations governing captive-reared mallard ducks. Captive-bred ducks do not fall within the MBTA's scope of federal permitting requirements, and nothing in the MBTA prohibits a state from requiring permits for such ducks. Moreover, neither the MBTA nor any federal regulations conflict with or expressly prohibit the state regulations at issue.