Kingfishers are a group of small to medium-sized brightly colored birds in the family Alcedinidae. There are around 90 different species of kingfisher that are found throughout the world, except for Antarctica.
In the United States, there are eight species of kingfishers that can be found. These include the belted kingfisher which is found throughout North America, the ringed kingfisher found along the southern border states, the green kingfisher found in south Texas, the Amazon kingfisher found in south Texas, the green-and-rufous kingfisher found along the Rio Grande in south Texas, the American pygmy kingfisher found in south Texas, the azure-crowned hummingbird found in southeast Arizona, and the blue-crowned motmot found in south Texas.
So are kingfishers protected by law in the United States? The short answer is that most kingfisher species are protected under the Migratory Bird Treaty Act (MBTA) which makes it illegal to harm, harass, or kill kingfishers as well as possess kingfisher feathers or body parts without a permit. However, the belted kingfisher which is the most widespread kingfisher species in the US is not protected under the MBTA and can be hunted in most states with proper permits and during hunting season.
Migratory Bird Treaty Act (MBTA)
The Migratory Bird Treaty Act is a US federal law that was enacted in 1918 to implement the convention for the protection of migratory birds between the United States and Great Britain on behalf of Canada. The law makes it illegal to pursue, hunt, take, capture or kill any migratory birds or possess any parts, nests or eggs of migratory birds without permission from the Department of Interior. The law has been amended several times over the decades to include protection for migratory birds that have treaty protections with Mexico, Japan, and Russia.
Under the MBTA, most kingfisher species found in the United States are classified as migratory birds and are therefore protected from harm or harassment. The only exceptions are the belted kingfisher which is classified as a game bird and the ringed kingfisher which is not covered under any treaty.
The MBTA covers over 1000 species of migratory birds including eagles, hawks, owls, herons, loons, grebes, terns, and songbirds. It is illegal under the MBTA to disturb a nest that has eggs or fledglings present. So while the MBTA does not ban all killing or capturing of kingfishers, it does place strict limits on it.
State Laws
In addition to federal protection under the MBTA, some states have additional laws that protect certain species of kingfishers:
– Arizona: The azure-crowned hummingbird which is considered a kingfisher species is protected under the Arizona Native Plant Law which makes it illegal to harass or kill the bird.
– Texas: The green kingfisher, Amazon kingfisher, green-and-rufous kingfisher, and ringed kingfisher are designated as Species of Greatest Conservation Need in Texas which affords them some extra protections. The blue-crowned motmot is a protected species in Texas which bans capturing or killing the birds.
– Florida: The belted kingfisher is designated as a Species of Special Concern in Florida which means it requires monitoring but does not confer any legal protection.
So in summary, while the MBTA provides federal protection to most kingfishers in the US, some states have additional laws that protect certain kingfisher species found within their borders. The belted kingfisher however has no legal protection outside of regulated hunting seasons in most states.
Kingfisher Species in the US
Here is a brief overview of the eight kingfisher species found in the United States and whether they are protected under federal and state laws:
Belted Kingfisher
The belted kingfisher is the only kingfisher species that is widespread across the United States and Canada. It is medium-sized with a large head and shaggy crest. Belted kingfishers have a blue-gray head, large white collar, and a blue-gray back with white spotting. Females also have a rusty band across the breast.
Protected under MBTA? No
Other federal protection? None
State-level protection? Species of Special Concern in Florida
Ringed Kingfisher
The ringed kingfisher is found along the southern border of the US in south Texas, Arizona, New Mexico, and California. It has a massive bright red bill with a white band, blue upperparts, and white underparts.
Protected under MBTA? No
Other federal protection? None
State-level protection? Species of Greatest Conservation Need in Texas
Green Kingfisher
The green kingfisher is found in south Texas. It is tiny and has bright rufous underparts and bright green upperparts.
Protected under MBTA? Yes
Other federal protection? None
State-level protection? Species of Greatest Conservation Need in Texas
Amazon Kingfisher
The Amazon kingfisher is found in south Texas. It has vivid blue upperparts, cinnamon underparts, and a green mask.
Protected under MBTA? Yes
Other federal protection? None
State-level protection? Species of Greatest Conservation Need in Texas
Green-and-Rufous Kingfisher
The green-and-rufous kingfisher is found along the Rio Grande in south Texas. It has bright green upperparts and rufous underparts.
Protected under MBTA? Yes
Other federal protection? None
State-level protection? Species of Greatest Conservation Need in Texas
American Pygmy Kingfisher
The American pygmy kingfisher is a tiny kingfisher found in south Texas. It is bright green above and white below with rusty flanks.
Protected under MBTA? Yes
Other federal protection? None
State-level protection? Species of Greatest Conservation Need in Texas
Azure-crowned Hummingbird
The azure-crowned hummingbird is found in southeast Arizona. It is a small hummingbird with a purple-blue crown.
Protected under MBTA? Yes
Other federal protection? None
State-level protection? Protected under Arizona Native Plant Law
Blue-crowned Motmot
The blue-crowned motmot is found in south Texas. It is a colorful bird with a blue crown, black mask, and green body.
Protected under MBTA? Yes
Other federal protection? None
State-level protection? Protected species in Texas
Permitting
While most kingfisher species are protected under the MBTA, it is possible to get permits that allow certain exceptions:
– Scientific collecting permits allow researchers and scientists to capture and handle kingfishers for research purposes.
– Special purpose educational permits allow organizations like zoos or museums to keep live kingfishers for educational displays.
– Falconry permits allow individual falconers to capture and keep certain kingfisher species like the belted kingfisher as hunting birds.
– Depredation permits allow the taking of kingfishers to protect crops, property, and human safety in limited circumstances.
Any permitted taking of kingfishers must be reported to the US Fish and Wildlife Service. Permits stipulate how many individual birds can be taken and the disposal of any birds taken.
Punishments for Violating Kingfisher Protections
There are penalties and punishments under both federal and state law for harming, harassing, or killing protected kingfisher species:
– Federal: Violating the MBTA by harming or killing a protected kingfisher species can result in a maximum fine of $15,000 and imprisonment of up to 6 months.
– State: Punishments vary but most states impose fines between $500 – $5000 and possible jail time of 3-12 months for violating state laws protecting kingfishers. Some states like Texas impose fines up to $10,000 per individual bird illegally taken.
– Other punishments: In addition to fines and jail time, sentencing often includes forfeiture of vehicles and equipment used in violating wildlife laws and loss of hunting licenses and privileges.
Kingfisher Conservation
While most kingfisher species are protected to some degree in the United States, habitat loss and degradation remains the largest threat. Kingfishers rely on healthy aquatic ecosystems, and pollution, development, and damage to waterways all negatively impact kingfisher populations.
Some conservation actions that could benefit kingfishers include:
– Protecting and restoring riparian buffers along rivers and streams
– Reducing pollution and improving water quality standards
– Managing waterways for biodiversity rather than development
– Creating nesting banks in areas where kingfishers breed
– Monitoring kingfisher populations and distributions
Education and outreach are also important for ensuring that laws protecting kingfishers are adhered to and for generating support for kingfisher conservation. While kingfishers face challenges, the legal protections afforded to most species in the US provide a baseline of security that enables focused conservation efforts.
Conclusion
In conclusion, most kingfisher species found in the United States are protected under federal law through the Migratory Bird Treaty Act. This prohibits harming, harassing, or killing protected kingfishers as well as possessing kingfisher parts like feathers. The belted kingfisher is the only kingfisher not protected under the MBTA and can be hunted in most states with proper permitting. Some states have additional laws that protect certain kingfisher species within their boundaries. Violating federal and state laws on kingfisher protection can result in fines up to $15,000 and imprisonment for up to 6 months. While protected, many kingfisher species are still threatened by habitat degradation, and conservation efforts focused on improving waterway health are important for the long-term security of these iconic birds. Thoughtful management and stewardship of aquatic ecosystems will help ensure kingfishers continue gracing America’s waterways for generations to come.