Chimney swifts are a small bird species native to North America that has seen population declines in recent decades. This has led some people to wonder if chimney swifts are federally protected under laws like the Migratory Bird Treaty Act or the Endangered Species Act. In the opening paragraphs, we’ll provide quick answers to key questions about the federal protection status of chimney swifts.
Quick Answers
– Chimney swifts are not currently listed under the federal Endangered Species Act. They are proposed for listing as a threatened species, but this has not been finalized.
– Chimney swifts are protected under the Migratory Bird Treaty Act. This prohibits killing, capturing, selling, or otherwise harming chimney swifts, their nests, or eggs.
– While protected under the MBTA, chimney swifts have no designated critical habitat under the Endangered Species Act and are not subject to ESA protections like restrictions on federal projects that could impact the species.
– Conservation and management efforts for chimney swifts focus on education, maintaining chimney habitats, restricting chimney removal/capping during nesting season, and preserving forest habitat.
Background on Chimney Swifts
The chimney swift (Chaetura pelagica) is a small bird in the swift family Apodidae. It is found across much of eastern North America. As their name suggests, they nest in chimneys and other vertical hollow structures. Chimney swifts feed exclusively on flying insects like flies, bees, wasps, and ants which they catch while flying.
Chimney swifts migrate annually between their breeding range in North America and their wintering grounds in South America. Their total population is estimated at around 5.8 million birds.
Over the last few decades, chimney swift populations have seen significant declines. Breeding Bird Survey data indicates their numbers fell by around 72% between 1966 and 2015. This is likely due to a combination of factors, including:
- – Loss of nesting habitat as chimneys are removed or capped
- – Decline in insect prey due to pesticide use
- – Conversion of forest habitat to farmland or development
The downward population trend has raised conservation concerns for chimney swifts and prompted consideration of new protective policies.
Federal Protection Status
Endangered Species Act
The Endangered Species Act (ESA) provides protection for species at risk of extinction. Under the ESA, species can be listed as either endangered or threatened. Endangered means the species is at risk of extinction throughout all or much of its range. Threatened means the species is at risk of becoming endangered in the foreseeable future across all or much of its range.
Chimney swifts are not currently listed under the ESA. In 2021, the U.S. Fish and Wildlife Service found that chimney swifts warrant listing as a threatened species under the Endangered Species Act. However, the listing proposal has not been finalized and chimney swifts remain unlisted at this time.
If eventually listed as threatened, chimney swifts would receive certain protections under the ESA such as:
- – Prohibition on killing, harming, or otherwise “taking” chimney swifts
- – Restrictions on federal agency activities that could harm the species
- – Authority to develop a recovery plan and designate critical habitat
But the full protections granted to endangered species, like severe restrictions on take and required recovery plans, would not apply.
Migratory Bird Treaty Act
While not protected under the ESA, chimney swifts are covered under a different federal law – the Migratory Bird Treaty Act of 1918 (MBTA). The MBTA implements international treaties that protect migratory birds. It covers over 1000 bird species, including the chimney swift.
Under the MBTA it is illegal to:
- – Pursue, hunt, take, capture or kill any migratory birds, nests with eggs or young
- – Sell, offer for sale, barter or exchange migratory birds
The law encompasses both live birds and parts like feathers or eggs. The MBTA protects chimney swifts year-round.
Critical Habitat
For endangered and threatened species listed under the Endangered Species Act, designated critical habitat may be established. Critical habitat refers to areas that have features essential to the conservation and recovery of the species.
Because they are not currently listed under the ESA, chimney swifts have no designated critical habitat. If they are listed as threatened in the future, officials may identify and protect important habitat areas at that time.
Conservation Efforts
In lieu of formal protections like those offered by the ESA, voluntary conservation and management practices are promoted to benefit chimney swifts:
- – Education campaigns to raise awareness of chimney swifts and get property owners to properly maintain chimney habitats.
- – Programs preventing chimney removal or capping during nesting season when swifts are present.
- – Encouraging new construction to incorporate chimney swift towers.
- – Agencies managing public forest lands are recommended to conserve broadleaf tree habitat.
Various nonprofit groups like the Chimney Swift Conservation Association work to research and promote chimney swift conservation.
Summary
While populations have declined, chimney swifts are not federally endangered or threatened at this time. They are protected from harm under the Migratory Bird Treaty Act but lack other ESA protections. Conservation efforts center on voluntary habitat maintenance and education campaigns. Chimney swifts warrant close monitoring, and further federal action may be needed if populations continue to decline.