Can you own a hummingbird in the US?

Hummingbirds are beautiful, tiny birds that have captured the fascination of people for centuries. Their ability to hover mid-air with their wings rapidly flapping up to 80 times per second is a marvel of nature. Hummingbirds are native to the Americas, with over 300 species identified. While it is illegal in the US to own any wild native bird, there are some exceptions made for scientific and educational purposes. So can you own a hummingbird in the US? The answer is generally no, but there may be some limited exceptions made.

Is It Legal to Own a Hummingbird in the US?

The short answer is no, it is not legal for a private citizen to own a hummingbird in the US. Hummingbirds are protected under the Migratory Bird Treaty Act of 1918, which makes it illegal to own any wild native bird in the US without a permit. This includes all hummingbird species naturally found in the US. Here are some key facts about the legality of owning hummingbirds:

• All native hummingbird species are protected under the Migratory Bird Treaty Act and cannot be owned without a permit.
• Fines for violating the MBTA can be up to $15,000 per bird and potential jail time.
• Hummingbirds can only be possessed legally with a valid permit from the US Fish & Wildlife Service.
• These permits are only issued for limited educational, scientific, propagating, or rehabilitation purposes.
• It is illegal to sell hummingbirds across state lines or internationally.
• Many states also have additional laws prohibiting private ownership of hummingbirds.

The Migratory Bird Treaty Act is taken very seriously, and even keeping a single hummingbird as a pet is violating federal law. The goal of the law is to protect wild populations of birds from exploitation. So having a hummingbird for your own enjoyment would be illegal without proper permits.

What Types of Permits Allow Owning Hummingbirds?

While owning hummingbirds is generally prohibited, there are some limited permits issued by the USFWS that allow possession:

• Education permits – Issued to zoos, nature centers, and other facilities to keep hummingbirds for educational display.
• Scientific permits – For researchers doing scientific study involving hummingbirds.
• Propagation permits – For breeding hummingbirds in captivity for conservation purposes.
• Rehabilitation permits – For temporarily housing sick/injured hummingbirds until they can be released.

These permits are rigorously reviewed and regulated by the USFWS. The hummingbirds cannot be kept as personal pets, must be properly housed and cared for, and used only for the permitted purpose. Permits also require detailed reporting. They would never be issued to allow someone to casually keep a pet hummingbird at home. Any facility or individual found violating permit conditions risks losing their permit and facing legal charges.

Why is it Illegal to Own Hummingbirds?

There are several important reasons why native wild hummingbirds cannot be owned as pets under law:

• Protect wild populations – Capturing wild hummingbirds for pets could damage populations.
• Hummingbirds are not domesticated animals – They have specialized needs in the wild that could not be met properly in captivity.
• Public safety – Their small size and rapid flight make them dangerous pets that could easily escape or get loose and injure people.
• Disease transmission – Captive hummingbirds could acquire and transmit diseases to wild populations if released.
• Difficult to provide proper care – Very specific diets, housing, social and other needs.

Hummingbirds are fascinating creatures, but they are still fundamentally wild animals unsuited for domestic life. While some people do succeed in temporarily housing hummingbirds under permitted conditions, long-term survival and thriving would be unlikely. Taking them from the wild also damages native ecosystems that depend on their unique pollination services. For these key reasons, the US concluded that allowing private hummingbird ownership would ultimately be detrimental to the birds and ecosystems, hence the restrictions against it.

Can You Own a Hummingbird in Any Conditions?

Given the robust federal laws prohibiting hummingbird ownership, there are very few conditions where private citizens could legally own one, even temporarily:

• With a proper rehabilitation permit, an individual could take in an injured hummingbird they find and arrange to transfer it to a licensed rehabilitator within 24 hours for care and release back to the wild.
• If a professional ornithological association or university temporarily assigned you a hummingbird for an authorized research study, this could be legal with proper documentation.
• You cannot find a lost hummingbird and just keep it as a pet, it must be immediately turned over to wildlife authorities to handle.
• A licensed master bird bander could potentially handle and release a hummingbird for banding purposes with permits.

So unless you are a trained, licensed bird rehabilitator, researcher, or bander engaged in sanctioned activities for the benefit of the species, there are essentially no conditions in which a private citizen could legally own even a single hummingbird. Any possession without documentation would violate the MBTA.

Can You Obtain an Exotic Pet Permit for Hummingbirds?

No, native species like hummingbirds are protected by federal law and cannot be permitted as exotic pets by states. The exotic pet permitting some states offer only applies to non-native species that are not addressed by federal regulations.

Since hummingbirds fall under the Migratory Bird Treaty Act as native wild birds, they cannot be permitted under state exotic pet programs. These permits are for creatures like snakes, alligators, monkeys, and other animals that do not have separate federal protections. Even if your state may allow exotic pets, that does not override the federal MBTA rules that prohibit owning native hummingbirds. There is no loophole that would allow permitting them as pets.

Are There Any Non-Native Hummingbird Species?

While over 300 species of hummingbirds are native to the Americas, there are a few species found only in other parts of the world:

So unfortunately, even exotic pet laws would not allow a legal path to owning any hummingbird species as pets in the US, since all known species are native to the Americas. There are no hummingbird species native to other continents that could potentially be legally permitted. This means there is essentially no way within the current legal framework for a private citizen to legally own a hummingbird in the US.

Can You Own a Hummingbird in the US for Scientific Research?

It is possible to legally possess hummingbirds for authorized scientific research purposes with a permit issued by the US Fish & Wildlife Service. University researchers, scientists employed by ornithological labs, and others engaged in serious academic study of hummingbirds can qualify.

However, the requirements and restrictions are quite stringent:

• Must demonstrate the research has significant scientific merit and benefits to species conservation/knowledge.
• Permits limit specific approved activities involving the birds.
• Only the minimum number of birds needed can be in possession.
• Protocols must be in place to ensure humane treatment and housing.
• Detailed reporting is required including number of birds, any mortalities, etc.
• USFWS monitors compliance through submitted reports and site inspections.
• Birds cannot be used for unauthorized commercial purposes.

So while scientific research represents one of the very rare instances where hummingbird ownership could be legal with federal permits, the oversight is still very strict. The birds remain protected at all times and cannot be exploited. Private citizens would generally be unable to meet the permitting requirements.

Can You Volunteer at a Hummingbird Rehabilitation Facility?

Yes, one way to be able to work closely with hummingbirds without owning them is to volunteer at a licensed bird rehabilitation clinic that takes in injured hummingbirds. Rehabilitators must obtain federal and state wildlife permits to temporarily house hummingbirds and nurse them back to health for release into the wild.

Typical duties volunteers can help with include:

• Assisting with capture and intake of injured birds.
• Helping with food preparation – specialized nectar mixes.
• Cleaning and maintenance of cages/enclosures.
• Record-keeping and administrative work.
• Releasing rehabilitated birds back into appropriate habitats.
• Educating the public on threats to hummingbirds.

This opportunity allows volunteers to learn about proper hummingbird care while getting hands-on experience. However, the ultimate goal remains returning the birds to the wild. Volunteers work under the facility’s permits and cannot remove birds. Volunteering is a great option for legally interacting with these special birds through conservation work.

Conclusion

The Migratory Bird Treaty Act established broad protections that make it illegal for the average person to own any native wild hummingbird species in the US. While certain narrowly defined permits may allow possession for rehabilitation, research, or educational purposes, these birds are never truly considered pets. Strict rules remain in place to prevent exploitation and protect wild populations. However, opportunities like volunteering at authorized hummingbird facilities can allow close contact. Overall, the legal restrictions are designed to ensure the conservation of these unique pollinators for future generations to enjoy. For hummingbird lovers who still wish to attract them to their yards, nectar feeders and plenty of flowering plants are great options!