Black Duck Mallard Hybrid

[Captain Jay Kavanagh]

Black Duck Mallard Hybrids: I have killed two this year and the old man killed one.

All three birds had very distinct mallard traits, some green on the head, color in the tail and one had curls.

What is the law, are they a black or are they a mallard or neither?

I have gotten three different opinions from different game wardens from two states and a bioligist in NC.

got checked yesterday, and I only had one Black, but I asked the warden about it and he tried to tell me that those were mottled ducks, I think he was wrong.

After I killed the first one, looked like a black duck with some green on his head and butt curls, I did alot of research on the net, and it looks like there could be alot of mallard black hybrids, as any black with a white speculum is an indiactor of mallard genes.

I have been told by one warden that it was not a black nor it was a mallard and does not count against you limit on those (here in NC we are allowed 1 black and 4 mallards no more than 2 hens.)

Anyway, anyone has any real world experience with the man in dealing with these Hybrids.

[Dave Sikorski]

I've been told you should count it as whatever species if looks like the most.

Remember that you're gonna have to convince the game warden and maybe a judge.

-D

[Glenn W]

Jay, My son killed one this weekend as well. We have a couple of pics from the cell phone if I can ever figure out how to get the pic off the phone.
As to your question, I cannot find any case law on this topic and strongly feel there is none because I can't imagine any court convicting anyone on this issue.
Virtually every field guide identifies a Black as Black on purple with no white on the speculum. The presence of white on the speculum, Green in the head, and/or a curled tailed is clear evidence that the bird is not a pure Black duck.
In general, there must be clear and convincing evidence that a law or regulation is broken. The presence of any of the above traits means that an such evidence is not clear or convincing.
As for me, I will not count such hybrids as part of my Black duck limit. However, should you or anyone decide to also follow this belief and practice I would recomend the following if checked or questioned:

You are well aware of the fact that the duck exhibits SOME Black duck traits, but not all;

You killed the hybrid before your second Black duck of the day.

If you are given a ticket, insist that the duck not be confiscated without retaining some evidence in your favor--- require that you keep at least one wing, or at the very least take photos. Make sure to preserve the bird. If you are given a ticket, contact the prosecuting attorney's office and explain that they don't have enough evidence for a conviction.
A Federal or state court has alot more worries than some silly ass game violation to prosecute. If the prosecution knows that they have a questionable or losing case, I'll bet they drop the matter.

The fact that several law enforecment officers give differing views is proof that the is no clear and convincing evidence.

In short, confidence that you knew what you were doing and that is was not a violation of the law will go a long ways in not getting written up--- or--- having the case dropped/ found in your favor.

I would not make any arguements that you were doing the gene pool a favor my eliminating the bird in question.

As for a mottled duck--- I don't know enough about one possibly venturing to the OBX or if white on the speculum is a trait of the species.

[beaglewoman]

post a pic please..

[Captain Jay Kavanagh]

Well, unfourtunately I did not take any up close pics.

I am with you Glenn, I beleive if I shot a hybrid first, I would still consider that I have not shot my black. If I shoot a black first, I am not gonna try to identify a hybrid to shoot.

[Glenn W]

It was easier breaking the DaVinci code than getting pics off the cell phone but we did it

[Captain Jay Kavanagh]

Killed one about like that one, how about his rump? the one I killed had a blue green top rump like a mallard, but no curls, one I killed had three curls.

[Glenn W]

The rump on the bird in the pic was like a normal Black duck. I've had em before w/ a couple curled feathers but don't remember one ever having the coloration of a drake Mallard on the rump.