Are Mallard Ducks Protected Under US Law? Penalties and Hunting Rules

Yes, mallard ducks are protected under United States law. They are listed migratory birds under the federal Migratory Bird Treaty Act (MBTA), which makes it illegal to hunt, kill, capture, sell, transport, or possess a mallard, its parts, its nest, or its eggs without specific authorization such as a hunting license or permit.¹ Regulated hunting is allowed under a federal and state licensing system, and captive-bred mallards follow a separate set of rules.

What the Federal Law Covers

The MBTA was originally enacted in 1918 and is codified at 16 U.S.C. § 703. It implements treaties between the United States and four other nations (Great Britain on behalf of Canada, Mexico, Japan, and the former Soviet Union) to conserve migratory birds across international boundaries.¹ Mallards appear by name on the official list of protected species at 50 CFR 10.13.²

The prohibition is broad. It reaches live birds, dead birds, feathers, mounted specimens, and products made from any part of the bird. It also reaches nests and eggs. Mallards are not, however, listed as endangered or threatened under the Endangered Species Act.³

Penalties for Killing or Possessing a Mallard Without Authorization

Penalties are set out in 16 U.S.C. § 707 and split into two tiers.

A general MBTA violation, such as killing or possessing a mallard without authorization, is a misdemeanor. It carries a fine of up to $15,000, up to six months in jail, or both.⁴

Knowingly taking a migratory bird with intent to sell or barter it, or actually selling or bartering one, is a felony. The MBTA sets that penalty at a fine of up to $2,000, up to two years in prison, or both.⁴ The felony provision targets commercial exploitation rather than one-off mistakes. Equipment and birds involved in violations are also subject to forfeiture.

How to Legally Hunt Mallards

Mallards are the most heavily harvested duck species in the country, and regulated hunting is a central part of how wildlife agencies manage their populations. To hunt one legally, you need at least three things:

A state hunting license.
A Federal Migratory Bird Hunting and Conservation Stamp (the “duck stamp”), which costs $25 and is valid from July 1 through June 30. An electronic version is valid from purchase through the end of the stamp year, with the physical stamp mailed after March 10.⁵
Harvest Information Program (HIP) registration, required in 49 states (Hawaii does not allow migratory bird hunting).

Many states also require a separate state waterfowl stamp on top of the basic hunting license.

The U.S. Fish and Wildlife Service sets annual framework regulations that establish outside season dates, maximum season lengths, daily bag limits, possession limits, and shooting hours. States then select their own seasons inside those frameworks.⁶ Season dates and bag limits for mallards therefore vary by state.

Federal rules also require nontoxic shot (typically steel) for all waterfowl hunting. Lead shot has been banned for waterfowl since 1991 because of the poisoning risk to birds that ingest spent pellets. Using lead shot on a duck hunt is a federal violation regardless of what your state allows for upland game.

Captive-Bred Mallards and Keeping One as a Pet

You cannot legally keep a wild mallard as a pet. The MBTA’s ban on possession applies to live birds in captivity, and there is no “pet” permit category under federal law. Taking a wild mallard or its eggs is prohibited regardless of your intentions.⁷

Captive-bred mallards are treated differently. Under 50 CFR 21.45, properly marked captive-reared mallards can be bought, sold, possessed, and transferred by anyone without a federal permit.⁸ The marking is what separates a lawful captive bird from a wild one taken in violation of federal law, and enforcement officers look for its absence.

Every captive mallard must be permanently marked before reaching six weeks of age (or before sale, whichever comes first) using one of four approved methods: removing the hind toe from the right foot; pinioning, which is the removal of the metacarpal bones from one wing so the bird cannot fly; a seamless metal band on one leg; or a visible tattoo of a number or letter on the web of one foot.

Captive-bred mallards can be killed by any method other than shooting at any time and in any number. Shooting them is allowed only during regular hunting seasons with the appropriate licenses, with two exceptions: they can be shot year-round on state-licensed shooting preserves, and they can be shot at any time for legitimate dog training or field trial purposes. In those two scenarios, you don’t need a federal duck stamp and don’t need to follow normal hunting season rules.⁸

Even where a captive-bred mallard is legal at the federal level, check local ordinances. Many municipalities restrict backyard poultry and waterfowl regardless of federal wildlife law.

Nuisance Mallards on Your Property

Mallards nesting in your yard, fouling a commercial property, or damaging crops can be genuinely frustrating, but you still cannot kill or relocate them without authorization. You do not need a permit to scare or haze them. Federal law allows you to harass migratory birds without a permit, as long as you are not dealing with eagles or federally listed endangered species.⁹

If non-lethal methods like scare devices, noise makers, or habitat modifications don’t work, you can apply for a federal depredation permit (Form 3-200-13) through the U.S. Fish and Wildlife Service. The permit authorizes you to capture or kill migratory birds causing damage to property, livestock, or posing threats to human health and safety.⁹ You must document your non-lethal efforts with receipts, photos, or contracts, and you need a Wildlife Services Permit Review Form completed by USDA. The application fee is $50 for individuals and $100 for businesses. The permit lasts one year and requires an annual report.

Is It Legal to Feed Wild Mallards?

Tossing bread to ducks at the park is not a federal crime, but it causes real harm that wildlife agencies actively discourage. The U.S. Fish and Wildlife Service has documented several problems. Bread and similar low-nutrition food leave birds more vulnerable to disease and harsh weather. Concentrated feeding crowds birds into small areas, which accelerates the spread of avian cholera, duck plague, and avian botulism.¹⁰

Feeding also disrupts migration. Birds that find reliable handouts may delay migration or skip it entirely, leaving them stranded where natural food and shelter are inadequate for winter survival. Droppings from artificially concentrated bird populations degrade water quality and can trigger algal blooms.¹⁰ Some local jurisdictions have outright banned feeding waterfowl in public parks.

Injured Birds and Reporting Violations

If you find an injured mallard, don’t try to care for it yourself. Contact a licensed wildlife rehabilitator in your area. Possessing a wild migratory bird without a permit is a federal violation even when your intentions are good, and rehabilitation itself requires federal permits from the U.S. Fish and Wildlife Service, plus a state-level permit in most states.¹¹

If you witness someone illegally killing, trapping, or selling mallards, you can report it to the U.S. Fish and Wildlife Service through its online Wildlife Crime Tips form. Include the location, what you saw, and any identifying information about the people involved. The FWS is authorized to pay rewards for information that leads to an arrest, conviction, or civil penalty.¹²

1
Office of the Law Revision Counsel. 16 U.S. Code 703 – Taking, Killing, or Possessing Migratory Birds Unlawful
2
eCFR. 50 CFR 10.13 – List of Birds Protected by the Migratory Bird Treaty Act
3
NatureServe. NatureServe Explorer – Anas Platyrhynchos
4
Office of the Law Revision Counsel. 16 USC 707 – Violations and Penalties; Forfeitures
5
U.S. Fish & Wildlife Service. Permanent Electronic Duck Stamp Act
6
U.S. Fish & Wildlife Service. Migratory Bird Hunting Regulations
7
eCFR. 50 CFR 21.45 – Permit Exceptions for Captive-Reared Mallard Ducks
8
eCFR. 50 CFR 21.45 – Permit Exceptions for Captive-Reared Mallard Ducks
9
U.S. Fish & Wildlife Service. Migratory Bird – Depredation
10
U.S. Fish & Wildlife Service. Caution: Feeding Waterfowl Can Be Harmful
11
U.S. Fish & Wildlife Service. Migratory Bird Permits
12
U.S. Fish and Wildlife Service. Wildlife Crime Tips