Can You Buy A Hummingbird As A Pet Legally?

Can You Buy A Hummingbird As A Pet? Considering owning a hummingbird? At PETS.EDU.VN, we understand the allure of these tiny, iridescent creatures. However, owning a hummingbird is not only challenging but also illegal. This article explores the legalities and ethical considerations surrounding hummingbird ownership, and guides you towards responsible ways to appreciate these fascinating birds, including bird-watching tips and backyard habitats. Learn why these wild birds are best admired in their natural habitats, understanding that wildlife conservation and bird protection are paramount.

1. Understanding the Legalities of Hummingbird Ownership

The question “can you buy a hummingbird as a pet” is quickly answered with a firm “no.” Several laws protect hummingbirds, making it illegal to own one. These laws are in place to ensure the survival and well-being of these delicate creatures.

1.1. The Migratory Bird Treaty Act (MBTA)

The cornerstone of hummingbird protection in the United States is the Migratory Bird Treaty Act (MBTA). This act, enacted in 1918, protects a vast number of migratory bird species, including all hummingbirds native to North America.

What the MBTA Prohibits: The MBTA makes it illegal to “pursue, hunt, take, capture, kill, or sell” migratory birds, their nests, and their eggs without a permit. This means you cannot legally:
- Capture a hummingbird from the wild.
- Keep a hummingbird as a pet.
- Sell or trade hummingbirds.
- Possess hummingbird feathers, nests, or eggs.
Penalties for Violating the MBTA: Violations of the MBTA can result in hefty fines and even imprisonment. Fines can range from $15,000 to $200,000, and repeat offenders may face jail time.
Exceptions to the MBTA: There are a few exceptions to the MBTA, primarily for scientific research, educational purposes, and wildlife rehabilitation. However, these exceptions require permits from the U.S. Fish and Wildlife Service.

1.2. State and Local Laws

In addition to the MBTA, many states and local jurisdictions have their own laws protecting hummingbirds. These laws may be even more restrictive than the MBTA.

Check Local Regulations: Before even considering any interaction with hummingbirds, research your state and local laws. Contact your state’s Fish and Wildlife Agency or a local wildlife organization for information.
Example: California: California, for instance, has specific regulations that prohibit the harassment, pursuit, hunting, or capture of any bird species designated as “protected.”

1.3. International Laws

Outside of the United States, similar laws exist to protect hummingbirds. Many countries in Central and South America, where many hummingbird species reside, have strict regulations against the capture and trade of wild animals, including hummingbirds.

CITES (Convention on International Trade in Endangered Species): CITES is an international agreement that regulates the trade of endangered species. Many hummingbird species are listed under CITES, meaning that international trade in these birds is strictly controlled or prohibited.
Respecting International Laws: If you are traveling to a country where hummingbirds are found, be aware of local laws and regulations regarding wildlife. Do not attempt to capture or possess hummingbirds, and do not purchase any hummingbird products.

1.4. Permits for Research and Rehabilitation

While owning a hummingbird as a pet is illegal, permits are available for specific purposes such as scientific research and wildlife rehabilitation.

Scientific Research Permits: Researchers who study hummingbirds may obtain permits to capture and handle birds for research purposes. These permits are issued by the U.S. Fish and Wildlife Service and require a detailed research proposal outlining the study’s objectives and methods.
Wildlife Rehabilitation Permits: Wildlife rehabilitators who care for injured or orphaned hummingbirds must also obtain permits. These permits allow rehabilitators to provide medical care and rehabilitation to birds with the goal of releasing them back into the wild.
Requirements for Permits: Obtaining a permit requires meeting specific criteria, including demonstrating expertise in hummingbird care, having appropriate facilities, and adhering to strict guidelines for handling and releasing birds.

1.5. Consequences of Illegal Possession

The consequences of illegally possessing a hummingbird can be severe, ranging from fines and imprisonment to the loss of hunting privileges and damage to your reputation.

Fines and Imprisonment: As mentioned earlier, fines for violating the MBTA can range from $15,000 to $200,000, and repeat offenders may face jail time.
Loss of Hunting Privileges: If you are a hunter, a conviction for illegally possessing a hummingbird could result in the loss of your hunting license and privileges.
Damage to Reputation: Being caught with an illegally possessed hummingbird can damage your reputation in the community and among conservation organizations.

2. Why Hummingbirds Are Unsuitable as Pets

Beyond the legal restrictions, keeping a hummingbird as a pet is simply not in the bird’s best interest. Hummingbirds have very specific needs that are difficult, if not impossible, to meet in a captive environment.

2.1. Specialized Dietary Needs

Hummingbirds have a very high metabolism and require a constant supply of nectar to fuel their energetic lifestyle.

Nectar Requirements: Hummingbirds feed primarily on nectar, a sugary liquid produced by flowers. In the wild, they visit hundreds of flowers each day to obtain enough nectar to meet their energy needs.
Artificial Nectar: While it is possible to provide hummingbirds with artificial nectar made from sugar and water, it is difficult to replicate the nutritional complexity of natural nectar. Natural nectar contains trace amounts of vitamins, minerals, and amino acids that are essential for hummingbird health.
Insect Consumption: In addition to nectar, hummingbirds also eat insects to obtain protein and other nutrients. They catch insects in flight or glean them from leaves and flowers. Providing a sufficient supply of insects in captivity is challenging.

2.2. High Metabolism and Energy Requirements

Hummingbirds have the highest metabolism of any warm-blooded animal. They must eat frequently to maintain their energy levels.

Frequent Feeding: Hummingbirds typically feed every 10-15 minutes throughout the day. If they go without food for more than a few hours, they can become weak and die.
Torpor: To conserve energy during the night or during periods of cold weather, hummingbirds can enter a state of torpor, a hibernation-like state in which their body temperature and metabolic rate drop dramatically. Providing the conditions necessary for torpor in captivity is difficult.
Constant Food Source: Ensuring a constant and reliable food source for a hummingbird in captivity is a major challenge. Feeders must be cleaned and refilled regularly to prevent the growth of harmful bacteria and mold.

2.3. Need for Free Flight and Foraging

Hummingbirds are active birds that need to fly and forage freely. Confining them to a cage or aviary can lead to stress, injury, and even death.

Flight Space: Hummingbirds need plenty of space to fly and exercise their wings. A small cage is simply not adequate for these active birds.
Foraging Behavior: Hummingbirds are natural foragers, spending much of their time searching for flowers and insects. Confining them to a cage deprives them of the opportunity to engage in this natural behavior.
Stress and Injury: Confined hummingbirds can become stressed and may injure themselves by flying into the sides of the cage.

2.4. Social Needs

While hummingbirds are not highly social birds, they do interact with each other, especially during breeding season. Keeping a hummingbird in isolation can deprive it of these important social interactions.

Territoriality: Hummingbirds are territorial and will defend their feeding territories against other hummingbirds.
Courtship Displays: During breeding season, male hummingbirds perform elaborate courtship displays to attract females.
Limited Social Interaction: While hummingbirds may not form strong social bonds, they do benefit from occasional interactions with other hummingbirds.

2.5. Difficulty Replicating Natural Habitat

It is extremely difficult to replicate the natural habitat of a hummingbird in captivity. Hummingbirds need a variety of flowering plants, insects, and other resources that are difficult to provide in a controlled environment.

Plant Diversity: Hummingbirds need a variety of flowering plants that bloom at different times of the year to provide a continuous source of nectar.
Insect Availability: Providing a sufficient supply of insects for hummingbirds in captivity is a major challenge.
Environmental Conditions: Hummingbirds need specific environmental conditions, such as temperature, humidity, and sunlight, to thrive.

3. Ethical Considerations

Even if it were legal and practical to keep a hummingbird as a pet, there are ethical considerations to consider. Is it right to deprive a wild animal of its freedom and natural environment for our own enjoyment?

3.1. Animal Welfare

The primary ethical consideration is the welfare of the hummingbird. Keeping a hummingbird in captivity can compromise its physical and psychological well-being.

Stress and Suffering: Confined hummingbirds can experience stress, anxiety, and boredom. They may also suffer from physical ailments due to poor diet, lack of exercise, and inadequate environmental conditions.
Reduced Quality of Life: Even in the best captive environments, hummingbirds are unable to live as full and natural lives as they would in the wild.
Prioritizing Animal Needs: Ethical pet ownership involves prioritizing the needs of the animal over our own desires. In the case of hummingbirds, their needs are best met in the wild.

3.2. Conservation Concerns

Removing hummingbirds from the wild can have a negative impact on their populations and the ecosystems they inhabit.

Population Decline: Hummingbird populations are already facing threats from habitat loss, climate change, and pesticide use. Removing birds from the wild can further reduce their numbers.
Ecosystem Disruption: Hummingbirds play an important role in pollinating plants and controlling insect populations. Removing them from the wild can disrupt these ecological processes.
Supporting Conservation: Ethical wildlife enthusiasts support conservation efforts that protect hummingbirds and their habitats.

3.3. Promoting Responsible Stewardship

Instead of trying to keep hummingbirds as pets, we should focus on promoting responsible stewardship of these amazing creatures.

Habitat Preservation: Protecting and restoring hummingbird habitats is essential for their survival.
Reducing Pesticide Use: Pesticides can harm hummingbirds and other wildlife. Reducing pesticide use can help protect these birds.
Supporting Conservation Organizations: Many organizations are working to protect hummingbirds and their habitats. Supporting these organizations can make a real difference.

4. Alternatives to Keeping Hummingbirds as Pets

If you are fascinated by hummingbirds, there are many ways to enjoy them without keeping them as pets.

4.1. Creating a Hummingbird-Friendly Garden

One of the best ways to attract hummingbirds to your yard is to create a hummingbird-friendly garden.

Plant Nectar-Rich Flowers: Choose flowers that are known to attract hummingbirds, such as salvia, petunia, and trumpet vine.
Provide a Water Source: Hummingbirds need water for drinking and bathing. Provide a shallow dish of water or a hummingbird-specific mister.
Avoid Pesticides: Pesticides can harm hummingbirds and other wildlife. Avoid using pesticides in your garden.
Provide Shelter: Plant trees and shrubs that provide shelter for hummingbirds.
Offer a Variety of Blooms: Select plants that bloom at different times throughout the growing season to provide a continuous source of nectar.
Consider Native Plants: Native plants are often the best choice for attracting hummingbirds, as they are adapted to the local climate and provide the food and shelter that hummingbirds need.
Group Plants Together: Planting flowers in groups can make it easier for hummingbirds to find them.
Add Red Accents: Hummingbirds are attracted to the color red, so add red accents to your garden, such as red flowers, ribbons, or ornaments.
Deadhead Flowers Regularly: Deadheading spent flowers can encourage plants to produce more blooms.
Provide Perches: Hummingbirds need places to rest and perch. Provide small branches or perches near your feeders and flowers.

4.2. Providing Hummingbird Feeders

Hummingbird feeders can provide a supplemental source of nectar for hummingbirds in your yard.

Choose the Right Feeder: Select a feeder that is easy to clean and fill.
Make Your Own Nectar: The best nectar for hummingbirds is a simple mixture of sugar and water. Use a ratio of 1 part sugar to 4 parts water.
Clean Feeders Regularly: Clean hummingbird feeders at least once a week, or more often in hot weather. Use hot, soapy water to remove any mold or bacteria.
Avoid Red Dye: Red dye is not necessary to attract hummingbirds and may be harmful to them.
Hang Feeders in a Shady Spot: Hanging feeders in a shady spot can help prevent the nectar from spoiling.

4.3. Birdwatching and Photography

Birdwatching and photography are great ways to appreciate hummingbirds in their natural environment.

Visit Hummingbird Hotspots: Research locations where hummingbirds are commonly found, such as parks, gardens, and nature reserves.
Use Binoculars: Binoculars can help you get a closer look at hummingbirds.
Take Photos: Photography can be a great way to capture the beauty of hummingbirds and share them with others.
Be Patient: Hummingbirds are fast-moving birds, so be patient and wait for them to come to you.
Respect Wildlife: Observe hummingbirds from a distance and avoid disturbing them.

4.4. Supporting Conservation Efforts

Supporting conservation organizations that work to protect hummingbirds and their habitats is a great way to make a difference.

Donate to Conservation Organizations: Many organizations are working to protect hummingbirds and their habitats. Donating to these organizations can help them continue their important work.
Volunteer Your Time: Many conservation organizations rely on volunteers to help with their work. Volunteering your time can be a great way to get involved and make a difference.
Educate Others: Educate others about the importance of protecting hummingbirds and their habitats.

5. Understanding Hummingbird Behavior and Ecology

To truly appreciate hummingbirds, it’s essential to learn about their unique behavior and ecological role.

5.1. Pollination

Hummingbirds are important pollinators, helping to transfer pollen from flower to flower as they feed on nectar.

Co-evolution with Flowers: Hummingbirds have co-evolved with many species of flowering plants, developing specialized relationships that benefit both the birds and the plants.
Specialized Tongues: Hummingbirds have long, specialized tongues that are adapted for extracting nectar from flowers.
Pollination Process: As hummingbirds feed on nectar, pollen sticks to their feathers and is transferred to other flowers when they visit them.

5.2. Migration

Many hummingbird species are migratory, traveling long distances between their breeding and wintering grounds.

Long-Distance Flights: Some hummingbird species, such as the Rufous Hummingbird, undertake incredibly long migrations, traveling thousands of miles each year.
Navigation Skills: Hummingbirds use a variety of cues to navigate during migration, including the position of the sun, the Earth’s magnetic field, and the stars.
Stopover Sites: Hummingbirds rely on stopover sites along their migration routes to rest and refuel.

5.3. Territoriality

Hummingbirds are territorial and will defend their feeding territories against other hummingbirds.

Aggressive Behavior: Male hummingbirds are particularly aggressive and will chase away any intruders that enter their territory.
Courtship Displays: Male hummingbirds perform elaborate courtship displays to attract females.
Territory Size: The size of a hummingbird’s territory depends on the availability of food and other resources.

5.4. Nesting

Hummingbirds build tiny, delicate nests in trees and shrubs.

Nest Construction: Female hummingbirds build nests out of plant fibers, spiderwebs, and other materials.
Egg Laying: Hummingbirds typically lay two eggs in their nests.
Incubation: Female hummingbirds incubate the eggs for about two weeks.
Raising Young: Both parents help to feed and care for the young hummingbirds.

6. Common Misconceptions About Hummingbirds

There are many misconceptions about hummingbirds. Let’s debunk some of the most common ones.

6.1. Myth: Hummingbirds Only Eat Nectar

While nectar is their primary food source, hummingbirds also eat insects to obtain protein and other nutrients.

Insect Consumption: Hummingbirds catch insects in flight or glean them from leaves and flowers.
Importance of Insects: Insects are particularly important for young hummingbirds, which need protein to grow and develop.

6.2. Myth: Hummingbirds Will Starve if You Take Down Your Feeders

Hummingbirds are capable of finding natural food sources, even if you take down your feeders.

Natural Food Sources: Hummingbirds feed on nectar from flowers, as well as insects and tree sap.
Feeder Dependence: While hummingbirds may become accustomed to using feeders, they are not entirely dependent on them.

6.3. Myth: Hummingbirds are Attracted to Red Dye

Red dye is not necessary to attract hummingbirds and may be harmful to them.

Natural Attraction to Red: Hummingbirds are naturally attracted to the color red, but they do not need red dye in their nectar.
Potential Harm of Red Dye: Some studies have suggested that red dye may be harmful to hummingbirds.

6.4. Myth: You Should Only Use Honey in Hummingbird Feeders

Honey can promote the growth of harmful bacteria and mold in hummingbird feeders.

Proper Nectar Solution: The best nectar for hummingbirds is a simple mixture of sugar and water. Use a ratio of 1 part sugar to 4 parts water.
Dangers of Honey: Honey can ferment and become toxic to hummingbirds.

6.5. Myth: Hummingbirds Don’t Need Water

Hummingbirds need water for drinking and bathing.

Importance of Water: Water helps hummingbirds stay hydrated and clean their feathers.
Providing Water Sources: Provide a shallow dish of water or a hummingbird-specific mister in your yard.

7. Caring for Injured or Orphaned Hummingbirds

If you find an injured or orphaned hummingbird, it’s important to know how to help.

7.1. Contact a Licensed Wildlife Rehabilitator

The best thing you can do for an injured or orphaned hummingbird is to contact a licensed wildlife rehabilitator.

Expert Care: Wildlife rehabilitators have the knowledge and experience to provide the specialized care that injured or orphaned hummingbirds need.
Legal Requirements: It is illegal to possess or rehabilitate wild birds without a permit.

7.2. Provide Temporary Care

While you are waiting for a wildlife rehabilitator to arrive, you can provide temporary care for the hummingbird.

Keep it Warm: Place the hummingbird in a warm, dark, and quiet place.
Offer Nectar: Offer the hummingbird a small amount of nectar.
Avoid Handling: Avoid handling the hummingbird unless it is absolutely necessary.

7.3. Do Not Attempt to Raise a Hummingbird Yourself

Raising a hummingbird requires specialized knowledge and skills. It is best left to the professionals.

High Mortality Rate: Hummingbirds have a high mortality rate in captivity, even when cared for by experienced rehabilitators.
Legal Restrictions: It is illegal to possess or raise wild birds without a permit.

8. Creating a Sustainable Environment for Hummingbirds

Protecting hummingbirds requires creating a sustainable environment that meets their needs.

8.1. Protecting Habitats

Protecting and restoring hummingbird habitats is essential for their survival.

Habitat Loss: Habitat loss is one of the biggest threats to hummingbird populations.
Conservation Efforts: Support conservation efforts that protect hummingbird habitats.

8.2. Reducing Pesticide Use

Pesticides can harm hummingbirds and other wildlife. Reducing pesticide use can help protect these birds.

Harmful Chemicals: Pesticides can poison hummingbirds directly or indirectly by contaminating their food sources.
Alternative Pest Control Methods: Use alternative pest control methods, such as biological controls and cultural practices.

8.3. Addressing Climate Change

Climate change is a growing threat to hummingbird populations.

Shifting Ranges: Climate change is causing shifts in the ranges of many hummingbird species.
Phenological Mismatches: Climate change is also causing phenological mismatches, where the timing of hummingbird migration and breeding does not align with the availability of food resources.

8.4. Promoting Education and Awareness

Promoting education and awareness about hummingbirds can help inspire people to take action to protect them.

Community Outreach: Participate in community outreach events to educate others about hummingbirds.
Social Media: Use social media to share information about hummingbirds and conservation efforts.

9. Exotic Pet Ownership: A Broader Perspective

While this article focuses on hummingbirds, it’s important to consider the broader issue of exotic pet ownership. Many exotic animals are unsuitable as pets and their trade can have negative impacts on wild populations.

9.1. Welfare Concerns

Exotic animals often have complex needs that are difficult to meet in captivity.

9.2. Conservation Impacts

The trade in exotic animals can deplete wild populations and disrupt ecosystems.

9.3. Public Safety Risks

Some exotic animals can pose a risk to public safety.

9.4. Legal and Ethical Considerations

Owning exotic animals is often illegal or restricted, and there are ethical considerations to consider.

10. Frequently Asked Questions (FAQs) About Hummingbirds

1. Is it legal to keep a hummingbird as a pet?

No, it is illegal in the United States and most other countries due to laws like the Migratory Bird Treaty Act.

2. Why is it illegal to keep hummingbirds as pets?

Hummingbirds are protected under federal and international laws due to their declining populations and essential role in ecosystems.

3. What are the penalties for illegally owning a hummingbird?

Penalties can include fines ranging from $15,000 to $200,000 and potential imprisonment.

4. Can I get a permit to keep a hummingbird for research purposes?

Yes, but only with a specific permit from the U.S. Fish and Wildlife Service, which requires a detailed research proposal and adherence to strict guidelines.

5. What do hummingbirds eat?

Hummingbirds primarily feed on nectar from flowers and supplement their diet with small insects for protein.

6. How can I attract hummingbirds to my garden without keeping them as pets?

Plant nectar-rich flowers, provide a clean hummingbird feeder, and ensure a water source in your garden.

7. What should I do if I find an injured hummingbird?

Contact a licensed wildlife rehabilitator immediately for expert care and guidance.

8. Are hummingbird feeders safe for hummingbirds?

Yes, but feeders must be cleaned regularly (at least once a week) to prevent the growth of harmful bacteria and mold.

9. Can hummingbirds survive without feeders?

Yes, hummingbirds can find natural food sources like nectar from flowers, but feeders can provide supplemental nutrition, especially during migration.

10. What role do hummingbirds play in the ecosystem?

Hummingbirds are essential pollinators, aiding in the reproduction of many plant species, making them vital to maintaining biodiversity.

The allure of owning a hummingbird is understandable, given their dazzling beauty and captivating behavior. However, laws such as the Migratory Bird Treaty Act exist to protect these wild creatures, and for good reason. Hummingbirds have extremely specialized needs that cannot be adequately met in captivity. Trying to keep one as a pet is not only illegal but also unethical, potentially causing the bird stress, suffering, and a reduced quality of life.

Instead of pursuing ownership, there are numerous ways to appreciate and support hummingbirds. Creating a hummingbird-friendly garden with nectar-rich flowers and clean feeders, engaging in responsible birdwatching, and supporting conservation organizations are all excellent alternatives. By learning about hummingbird behavior and ecology, we can gain a deeper appreciation for these amazing creatures and contribute to their long-term survival. Remember, ethical wildlife enthusiasts prioritize the well-being of animals and support conservation efforts that protect them and their habitats.

If you’re eager to learn more about how to care for wild birds, attracting different species to your garden, or understanding animal welfare, visit PETS.EDU.VN. Our comprehensive resources offer valuable insights and guidance to help you become a responsible and informed animal lover. Contact us at 789 Paw Lane, Petville, CA 91234, United States, Whatsapp: +1 555-987-6543, or visit our website pets.edu.vn for more information. By choosing responsible and ethical ways to interact with wildlife, you’re making a positive impact on the world.