Maybe you dont understand that their are different types of foul. Ever hear of water foul(Ducks,Swans,)?
Genesis 1:20 says "Let the waters bring forth abundantly the moving creature that hath life, and fowl that may fly above the earth in the open firmament of heaven." It does NOT say "and water fowl that may fly above the earth.
You are reading the bible like a liberal reads the constitution.