You Can Do This to Ducks in Boise — and the Law Says It’s OK

A Close Call on Myrtle Street

I was driving down Myrtle toward Broadway, and I saw something that made my heart skip. A car in the far-right lane just ahead of me suddenly jerked to the left. It nearly clipped the vehicle next to it. That driver had to react fast and moved into the next lane over to avoid getting hit. Thankfully, there weren't any other cars beside them, or it could have turned into a chain-reaction crash in the middle of downtown Boise. 

As I got closer, I saw what caused the commotion. A small family of ducks was making their way across Myrtle Street. The first driver was trying to do the nice thing and spare them.

While I was glad the ducks made it across safely and no one was hurt, it reminded me of what I was taught growing up in rural Idaho. In most cases, the safer choice is to stay the course, even if it means hitting the animal.

Is It Illegal to Hit a Duck?

Let's break this down. Boise city code has an animal-cruelty law that makes it unlawful to knowingly or intentionally injure an animal. Idaho state law has a similar code that ties into federal rules protecting ducks as migratory birds. The Migratory Bird Treaty Act.

Like a lot of laws, there are some grey areas, but what seems to matter most is intent. IF you deliberately plow through a family of ducks, you could face charges under city or state law. However, an unavoidable hit while obeying traffic laws isn't likely to be treated as a crime.

What Idaho Fish & Game Says

Idaho Fish & Game agrees that it's best to avoid hitting wildlife when possible. Buuuut Fish & Game warns that swerving to miss an animal can be far more dangerous. Most serious wildlife-related accidents happen because a driver overcorrects and loses control. If you have time to brake safely, by all means do it. If not, it is generally considered safer to hit the animal than risk hitting another car or leaving the road.

Putting Safety First

No one likes the idea of hitting an animal, especially something as harmless as a family of itty-bitty ducks. But protecting people comes first. A quick swerve can easily become a serious crash. IF you can stop safely, that’s the best outcome. If you can’t, the hard truth is that it may be safer for everyone to stay in their lane, even if it means the ducks wind up flat.