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Noe v. Henderson

ELR Citation: 36 ELR 20156
Nos. No. 05-3244, (8th Cir., 08/07/2006)

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.