Hummingbirds are some of the most fascinating birds in the world. Known for their incredibly fast wing beats, hovering flight capabilities, and long slender bills adapted for accessing nectar, hummingbirds capture the imagination of nature lovers everywhere. But are these tiny birds protected by law? That depends on the location and species. In this article, we’ll explore hummingbird protection in depth.
Are Hummingbirds Protected Under Federal Law in the United States?
The short answer is no. There is no federal law in the United States that protects hummingbirds as a group. However, two species of hummingbirds are federally protected under the Migratory Bird Treaty Act:
- The ruby-throated hummingbird is protected in the Eastern United States.
- The rufous hummingbird is protected in the Western United States.
All other hummingbird species in the US may be hunted and killed under federal law. However, state and local regulations may offer added protection.
The Migratory Bird Treaty Act
Passed in 1918, the Migratory Bird Treaty Act (MBTA) protects over 1,000 species of birds that migrate across international borders. The law was enacted to fulfill the United States’ pledge to protect migratory birds in treaties with Canada, Mexico, Japan, and Russia. Under the MBTA, it is illegal to hunt, kill, buy, sell, or possess migratory birds or their parts (like feathers or eggs) without a permit. Fines for violating the MBTA can be up to $15,000 and six months imprisonment for an individual, and up to $500,000 for an organization.
So while the MBTA protects over 1,000 bird species, only two hummingbird species are currently included – the ruby-throated hummingbird in the Eastern US and the rufous hummingbird in the Western US. No other hummingbirds are protected under federal law in the US.
State and Local Protections
While federal law only protects two hummingbird species, some states and local jurisdictions have additional regulations that cover more hummingbirds or prohibit things like nest disruption. For example:
- California – All native hummingbird species are protected under the California Fish and Game Code.
- Florida – Four hummingbird species are designated as protected by the Florida Administrative Code.
- Texas – It is illegal to trap or kill hummingbirds under the Texas Parks and Wildlife Code.
- New York City – All migratory birds, including hummingbirds, are protected by the NYC Wild Bird Protection Law.
So be sure to check state and local laws before taking any actions that may impact hummingbirds. The consequences for violating these laws can include fines up to $5,000 and six months in jail.
Are Hummingbirds Protected in Other Countries?
Protection for hummingbirds outside the United States varies by country. Here are a few examples:
- Canada – Most hummingbirds are protected under the Migratory Birds Convention Act, similar to the US MBTA.
- Mexico – Hummingbirds are protected under the General Law of Wildlife and the General Law of Ecological Balance and Environmental Protection.
- Costa Rica – All wildlife, including hummingbirds, is protected under the Wildlife Conservation Law.
- Ecuador – Hummingbirds are considered national heritage species and protected under the Environmental Code.
Generally, most Central and South American countries have regulations in place to protect hummingbird species, considering the high diversity of hummingbirds on those continents. However, enforcement and effectiveness of protections vary. Endangered hummingbirds may receive heightened protections.
Are Any Hummingbird Species Endangered?
While no hummingbird species are currently listed as endangered worldwide, several are facing declining populations that put them at risk:
- The Esmeraldas woodstar hummingbird is critically endangered, with only 100-120 individuals left in the wild.
- The pink-headed warbler is endangered, with less than 1,000 mature individuals remaining.
- The marvelous spatuletail is vulnerable to extinction, with just 1,000-2,500 adults in existence.
Habitat loss is the biggest threat facing endangered hummingbirds. Deforestation, urbanization, agriculture, grazing, and mining destroy the forests and meadows where hummingbirds live and feed. Climate change also threatens hummingbird survival by impacting flowering cycles and promoting drought, fires, and severe weather.
Endangered hummingbirds may receive legal protections aimed at helping stabilize or increase their populations. This can include habitat preservation, nest protections, captive breeding programs, and restrictions on capture or trade. However, enforcement of these laws is not consistent worldwide.
Can I Have a Hummingbird as a Pet?
In most parts of the world, it is illegal to keep a hummingbird as a pet. They are highly protected in the wild in many countries. Even in places where it may be possible to acquire a license, keeping hummingbirds as pets is extremely challenging:
- Hummingbirds have very specialized diets. They live on nectar and small insects.
- They have high metabolisms and need to eat frequently throughout the day to survive.
- Keeping them in captivity often leads to starvation, injury, or fatal collisions against enclosure walls.
- They are very sensitive to changes in environment, temperatures, and stress.
- In the US, you must obtain both state and federal permits to legally possess a hummingbird, which is very difficult.
For these reasons, most experts consider keeping hummingbirds as pets unethical and harmful to the birds. It’s best to enjoy them flying free in the wild instead.
Putting Hummingbird Protection in Perspective
Only 2 out of over 300 hummingbird species worldwide are protected by US federal law. However, many other countries provide broader protections, and US state/local laws fill gaps in some areas. Protections are strictest for endangered hummingbirds, but habitat loss remains a major threat.
While laws aim to stabilize populations, hummingbird protection ultimately relies on human behaviors. Simple personal actions like planting native flowers, reducing pesticide use, keeping cats indoors, and fighting climate change can benefit hummingbirds. Being mindful of these tiny birds and their unique needs, especially when traveling, is one way we can all contribute to hummingbird conservation.
Conclusion
Hummingbirds represent one of nature’s most incredible miracles, from their distinctive adaptations to their migratory feats. While protected status varies regionally, many laws and regulations aim to safeguard hummingbirds worldwide. However, habitat loss, climate change, and unmindful human actions continue threatening populations. Whether through ethical ecotourism, sustainable gardening, conservation advocacy, or donations to research, we all have a role to play in protecting hummingbirds. The future of these special birds ultimately relies on human compassion and commitment to living in balance with nature.
