Recent efforts by the Rusty Blackbird Technical Working Group have been directed toward making state environmental agencies aware of the steep decline in the population of the rusty blackbird.
So far, State Wildlife Action Plans in 17 states currently list the rusty blackbird as a species of concern:
Other states are likely to follow suit soon including: Florida, New Jersey, and Pennsylvania. Alabama, Georgia, Missouri, North Carolina, West Virginia, Michigan, and Maryland are all considering listing it. Only Ohio has decided not to list the rusty blackbird as they only list birds that breed in the state.
In Canada, it is listed as a species of "Special Concern" under the federal Species at Risk Act. It is excluded, along with all blackbird species, from the Migratory Birds Convention Act, which protects most migratory birds.
It is categorized as "May be at Risk" in the Northwest Territories and New Brunswick; "Sensitive" in Yukon, British Columbia, Alberta, Manitoba, Quebec, Nova Scotia, and Prince Edward Island; and "Secure" in Saskatchewan, Ontario, and Newfoundland and Labrador.