Fish & Wildlife Service & Federal Wildlife Law

The U.S. Fish and Wildlife Service (FWS) is the primary federal agency managing wildlife conservation — overseeing a portfolio that includes the 568-refuge National Wildlife Refuge System (150 million acres, the world's largest system of lands dedicated to wildlife conservation), enforcement of federal wildlife protection laws, and listing and recovery of species under the Endangered Species Act. Federal wildlife law is a layered system of statutes: the Lacey Act (1900) prohibits trafficking in illegally taken wildlife and is the primary tool for combating the illegal wildlife trade; the Migratory Bird Treaty Act (1918) protects approximately 1,100 bird species from hunting, capture, or harassment; the Bald and Golden Eagle Protection Act (1940) prohibits take of eagles; and the Marine Mammal Protection Act (1972) broadly protects all marine mammals. Together these laws make it a federal crime to kill, capture, or transport certain species, or to buy and sell goods made from protected wildlife — from ivory to eagle feathers to parts of marine mammals. FWS manages the federal duck stamp program (required for migratory bird hunting), issues permits for scientific research involving protected species, and coordinates with states on fish and wildlife management on federal lands.

Current Law (2026)

Legal Authority

• 16 U.S.C. §§ 703-712 — Migratory Bird Treaty Act (MBTA) (unlawful to pursue, hunt, take, capture, kill, or possess migratory birds, their parts, nests, or eggs without permit; implements treaties with Canada, Mexico, Japan, and Russia; hunting permits and seasons set by FWS)
• 16 U.S.C. §§ 668-668d — Bald and Golden Eagle Protection Act (unlawful to take, possess, sell, purchase, or transport bald or golden eagles or their parts, nests, or eggs; permits for limited religious, scientific, and incidental take purposes)
• 16 U.S.C. §§ 3371-3378 — Lacey Act (prohibits trade in wildlife, fish, and plants taken in violation of federal, state, tribal, or foreign law; false labeling of wildlife; civil and criminal penalties; forfeiture; applies to timber and plant products since 2008 amendment)
• 16 U.S.C. §§ 1361-1423h — Marine Mammal Protection Act (moratorium on taking and importing marine mammals; exceptions for Alaska Natives, scientific research, public display, and incidental take during commercial activities; NMFS and FWS shared jurisdiction)
• 16 U.S.C. §§ 1531-1544 — Endangered Species Act (listing, critical habitat, Section 7 consultation, Section 9 take prohibition, Section 10 permits — covered in separate wiki page)
• 16 U.S.C. §§ 668dd-668ee — National Wildlife Refuge System (FWS manages the system for conservation, management, and restoration of fish, wildlife, and plant resources; compatible uses including hunting, fishing, wildlife observation)

How It Works

Federal wildlife law protects America's wild animals through a layered set of statutes — from the bald eagle to migratory songbirds to marine mammals. The Fish and Wildlife Service administers most of these laws, managing the largest wildlife conservation land system in the world and enforcing protections that apply to hundreds of species.

The Migratory Bird Treaty Act (MBTA) is one of the oldest conservation laws in America, implementing international treaties by making it unlawful to "take" — kill, capture, or possess — any migratory bird, its eggs, or its nest without a permit. It protects approximately 1,100 species, virtually all native wild birds in the United States. FWS sets annual hunting seasons and bag limits for game birds and issues permits for other authorized takes; the central legal debate has been whether "incidental take" — unintentional bird deaths from oil pits, power lines, and wind turbines — violates the Act, with administrative interpretations shifting between administrations. The Lacey Act is the primary federal tool against wildlife trafficking: it prohibits trade in wildlife, fish, and plants illegally taken, possessed, transported, or sold under any federal, state, tribal, or foreign law. A 2008 amendment extended coverage to plants and plant products including timber, making it the primary tool against illegal logging. Violations carry civil penalties, criminal penalties up to $250,000 and 5 years imprisonment for felonies, and forfeiture of the wildlife.

The Marine Mammal Protection Act (MMPA) establishes a moratorium on the "taking" — harassment, hunting, capturing, or killing — of all marine mammals in U.S. waters and by U.S. citizens anywhere, with exceptions for Alaska Native subsistence, scientific research, public display, and incidental take during commercial activities authorized under specific permits. Jurisdiction is split between FWS (sea otters, walruses, manatees, polar bears) and NOAA Fisheries (whales, dolphins, seals, sea lions). Beyond these species-specific statutes, FWS manages 568 national wildlife refuges encompassing approximately 150 million acres — the largest wildlife conservation land system in the world — open to six priority public uses: hunting, fishing, wildlife observation, photography, environmental education, and interpretation, each refuge guided by a Comprehensive Conservation Plan.

How It Affects You

State Variations

Implementing Regulations

• 50 CFR Part 17 — Endangered and Threatened Wildlife and Plants (listing procedures, critical habitat designations, species-specific protections, recovery plans)

• 50 CFR Part 14 — Importation, Exportation, and Transportation of Wildlife (68 sections — the operational rulebook for moving wildlife across U.S. borders, implementing the permitting and inspection requirements of the Lacey Act and CITES treaty obligations):

  • § 14.11 — General restrictions: wildlife may only be imported or exported at one of the designated ports listed in § 14.12 — currently nine major ports including Los Angeles, Miami, Chicago O'Hare, New York JFK, Honolulu, and five others; shipments arriving at non-designated ports are considered unlawful imports even if the underlying permit is valid
  • § 14.12 — Designated ports: the nine official wildlife ports where U.S. Fish and Wildlife Service inspectors are stationed; all commercial wildlife shipments (live animals, skins, ivory, feathers, shells) must clear through one of these ports unless FWS grants a special port exception
  • § 14.13 — Emergency diversion: the only exception to designated-port requirements — if an aircraft or vessel carrying wildlife is diverted to a non-designated port due to emergency, the shipment may be accepted but must be reported to FWS within 24 hours
  • §§ 14.101–14.112 — Live mammal and bird transport standards: all carriers transporting live wild mammals or birds to the United States must meet federal humane transport requirements; animals must be examined by a licensed veterinarian within 10 days before shipment; primary enclosures must provide adequate ventilation, space, and separation; written food and water instructions from the shipper must accompany every shipment; carriers must visually inspect each enclosure at least once every 4 hours during transit; terminal facilities must maintain dedicated animal holding areas
  • §§ 14.121–14.123 — Nonhuman primates: no more than one primate per enclosure (except nursing young); water must be offered within 4 hours before shipment; primates must be observed for distress during any stopover exceeding 4 hours
  • §§ 14.131–14.133 — Marine mammals: marine mammals may not be transported for more than 36 hours without food; a knowledgeable representative of the shipper must accompany any marine mammal in the same conveyance for the entire journey; the accompanying representative must be prepared to provide appropriate care
  • §§ 14.141–14.142 — Antlered animals: cervids (deer, elk, moose) shall not be accepted for transport unless antlers have been shed or surgically removed — a safety requirement for handlers and other animals

  The designated-port requirement is the primary enforcement chokepoint for wildlife trafficking: FWS inspectors at the nine ports examine incoming shipments against CITES permits, Lacey Act declarations, and the declared species identification. Misdeclaring wildlife species, omitting required declarations, or routing through non-designated ports are all Lacey Act violations. Live animal welfare requirements under Part 14 are enforced by FWS inspectors who may refuse shipments that fail the enclosure or veterinary standards and may seize animals found in violation.

• 50 CFR Part 16 — Injurious wildlife (Lacey Act injurious species designations and import restrictions)

• 50 CFR Part 12 — Seizure and forfeiture procedures (wildlife law enforcement actions)

• 50 CFR Parts 20–36 — Migratory bird hunting and conservation (seasons, bag limits, refuges, habitat conservation)

• 50 CFR Part 22 — Eagle Permits (24 sections — the permit system governing all authorized take, possession, and use of bald eagles and golden eagles under the Bald and Golden Eagle Protection Act, 16 U.S.C. § 668; implemented as FWS Form 3-200-71 applications):

  • § 22.12 — Prohibited activities: no person may sell, purchase, barter, trade, import, or export any bald or golden eagle, or their parts, nests, or eggs; no permit may authorize such commercial transactions; eagle feathers found on the ground, molted from live eagles, cannot legally be picked up and kept without a permit — possession alone constitutes a violation of the Eagle Protection Act
  • § 22.50 — Scientific and exhibition permits: FWS may issue permits for taking, possession, and transport of lawfully acquired eagles for scientific research (population surveys, banding) or educational exhibition at zoos and nature centers; scientific permits are issued to universities, federal agencies, and research institutions; exhibition holders must meet captive care standards
  • § 22.60 — Eagle Indian religious permits: members of federally recognized tribes engaged in religious activities may apply for permits to take, possess, and transport golden eagle feathers and parts for religious use; the National Eagle Repository in Commerce City, Colorado, maintains a supply of eagle carcasses and parts from natural mortality, power-line strikes, and other non-take sources distributed to tribal members on a waitlist; waitlist times have historically exceeded years due to limited supply against substantial demand from tribal communities across the country; FWS prioritizes religious use permit applications from tribal members; import of eagle parts for tribal religious use from Canada is also authorized under specific permit conditions
  • § 22.250 — Incidental take permits for wind energy projects: the primary regulatory pathway for commercial wind farm development in eagle territory; authorizes the incidental killing or injury of bald and golden eagles resulting from operation of wind turbines; applicants must submit an Eagle Conservation Plan (ECP) demonstrating that turbine siting, operational protocols, and monitoring will minimize eagle mortality to the maximum extent practicable; FWS sets Eagle Management Unit (EMU) take limits for each geographic region based on population modeling; permits may be issued for up to 30 years (extended in a 2016 rule); golden eagles receive additional protection because their populations are not recovering at the same rate as bald eagles; wind project developers must implement adaptive management — increasing restrictions if actual eagle mortality exceeds predicted levels under the ECP
  • § 22.260 — Incidental take permits for power lines: authorizes incidental eagle mortality from power line electrocution and collision; utilities applying for permits must conduct raptor electrocution risk surveys and implement retrofitting of high-risk poles using standards developed by the Avian Power Line Interaction Committee (APLIC); estimated 500 golden eagles die from power line electrocution annually; permitted utilities must report all eagle mortalities
  • § 22.280 — Disturbance take permits: authorizes non-lethal disturbance of eagles at nest sites for construction, recreational use, or scientific purposes where disturbance cannot be avoided; applicants must demonstrate that take of an eagle by disturbance is unavoidable and that nest failure risk has been minimized
  • § 22.300 — Eagle nest take permits: authorizes removal or relocation of eagle nests when active nests are incompatible with development (powerlines, transmission towers, structures); strict conditions apply: no practicable alternative must exist; applicant must minimize harm; compensatory mitigation (e.g., supporting eagle nest platform construction) may be required
  • § 22.220 — Compensatory mitigation: permits authorizing take that exceeds EMU limits must include compensatory mitigation; FWS-approved compensatory mitigation actions include powerline retrofitting (preventing eagle electrocution elsewhere in the EMU), removing lead ammunition from hunting areas to reduce secondary poisoning, and creating or protecting eagle habitat; mitigation must be additive to existing conservation requirements

  The eagle permit system is the regulatory interface between wildlife conservation and energy infrastructure. Wind energy developers routinely obtain eagle incidental take permits under § 22.250 as a condition of operating turbines in eagle habitat — the alternative (operating without a permit while eagles are killed) exposes companies to criminal prosecution under the Eagle Protection Act ($10,000 per violation, up to $200,000 for second offenses) and the Migratory Bird Treaty Act.

Pending Legislation (119th Congress)

• S 1306 (Sen. Johnson, R-WI) — Would require the U.S. Fish and Wildlife Service to reissue the 2020 rule delisting the gray wolf from the Endangered Species Act, barring court challenges. Status: Introduced.
• HR 840 (Rep. Arrington, R-TX) — Would nullify a USFWS rule listing six freshwater mussels and setting critical habitat, keeping pre-rule protections unchanged. Status: Introduced.
• HR 3329 (Rep. Beyer, D-VA) — Wildlife Corridors and USDA Conservation Programs Act of 2025. Would establish a USDA-led program to map, designate, and conserve American wildlife corridors. Status: Introduced.
• HR 65 (Rep. Biggs, R-AZ) — Armed Forces Endangered Species Exemption Act. Would create ESA exemptions for military bases and defense activities, blocking critical habitat designations during defense operations. Status: Introduced.
• HR 181 (Rep. McClintock, R-CA) — Would treat artificially propagated animals the same as wild ones under the ESA and allow artificial propagation for mitigation. Status: Introduced.

Recent Developments

• The scope of MBTA liability for incidental take has shifted between administrations — litigation continues over whether unintentional bird deaths from industrial activities are covered
• Wildlife trafficking enforcement has intensified, including use of the Lacey Act against illegal timber imports
• Climate change is shifting migratory bird ranges and marine mammal habitats, challenging existing management frameworks
• Offshore wind energy development has increased focus on marine mammal and seabird protections
• The National Wildlife Refuge System faces chronic underfunding for maintenance, staffing, and land management