National Wildlife Refuge System

The National Wildlife Refuge System (NWRS) — administered by the U.S. Fish and Wildlife Service under the National Wildlife Refuge System Improvement Act of 1997 (16 U.S.C. §§ 668dd–668ee) — is the world's largest network of lands set aside for wildlife conservation, comprising 570+ refuges covering approximately 95 million acres across all 50 states and territories, from the Arctic National Wildlife Refuge in Alaska to salt marshes in Florida and desert habitat in the Southwest. Unlike national parks, wildlife refuges are explicitly managed for wildlife conservation as the primary purpose, with compatible wildlife-dependent recreational uses — hunting, fishing, wildlife observation, photography, and environmental education — permitted as secondary uses when they don't interfere with the conservation mission. The NWRS traces to Theodore Roosevelt's establishment of Pelican Island Refuge in 1903 as the first federal bird sanctuary, and has grown through donations, land exchanges, and purchases funded in part by the Land and Water Conservation Fund and excise taxes on hunting and fishing equipment (the Pittman-Robertson and Dingell-Johnson Acts). The Arctic National Wildlife Refuge (ANWR) — 19 million acres in Alaska — has been the most politically contested refuge for decades, with Congress authorizing oil and gas leasing in ANWR's coastal plain through the Tax Cuts and Jobs Act of 2017, followed by Biden administration suspension of those leases and Trump administration reinstatement in 2025. Approximately 65 million people visit national wildlife refuges annually, generating an estimated $3.9 billion in economic activity.

Current Law (2026)

Legal Authority

• 16 U.S.C. § 668dd(a) — National Wildlife Refuge System (the system includes all lands and waters administered by the Secretary of the Interior for the primary purpose of wildlife conservation; the mission is to administer a national network of lands and waters for the conservation, management, and restoration of fish, wildlife, and plant resources and their habitats)
• 16 U.S.C. § 668dd(d) — Compatibility determination (the Secretary shall not initiate or permit any use of a refuge unless the Secretary determines that the use is compatible with the major purposes for which the refuge was established; six priority public uses are facilitated: hunting, fishing, wildlife observation, photography, environmental education, and interpretation)

How It Works

The National Wildlife Refuge System is the world's largest network of lands and waters dedicated to wildlife conservation — 570+ refuges spanning every U.S. state and territory, managed by the U.S. Fish and Wildlife Service, from tropical islands to Arctic tundra. It is managed by the U.S. Fish and Wildlife Service with a clear statutory mandate: wildlife conservation comes first. Refuges provide critical habitat for species protected under the Endangered Species Act.

The 1997 National Wildlife Refuge System Improvement Act established a clear hierarchy: wildlife conservation is the Refuge System's primary mission, and all other uses — including the six "priority public uses" (hunting, fishing, wildlife observation, photography, environmental education, and interpretation) — must be compatible with each refuge's conservation purposes. Before any use is permitted, the refuge manager must complete a compatibility determination — a formal assessment of whether the use will materially interfere with the refuge's wildlife conservation mission. This standard makes refuges fundamentally different from BLM and Forest Service lands, where multiple use is the mandate. The system includes refuges established for many purposes: migratory bird habitat (the original impetus, protecting critical staging, nesting, and wintering areas for waterfowl and shorebirds); endangered species habitat; marine and coastal conservation; and general wildlife conservation. Of the system's 95 million acres, 89 million are in Alaska — including the Arctic National Wildlife Refuge, one of the most politically contested landscapes in America.

Unlike national parks, most wildlife refuges are open to hunting (~380 refuges) and fishing (~340 refuges), managed as compatible uses with conservation-specific seasons, bag limits, and methods that may differ from state regulations. The Federal Duck Stamp is a major funding source: waterfowl hunters must purchase a $25 stamp annually, with 98% of revenue going directly to acquiring and protecting wetland habitat for the Refuge System — raising over $1.1 billion since 1934. Each refuge must develop a Comprehensive Conservation Plan (CCP) identifying the refuge's purposes, describing wildlife and habitat, setting conservation goals, and determining compatible uses — developed with public input and periodically reviewed to keep management decisions science-based and mission-aligned.

How It Affects You

State Variations

Implementing Regulations

• 50 CFR Parts 25–36 — National Wildlife Refuge System administration: public access and use, hunting and fishing permits, refuge-specific management plans, and compatibility determinations for secondary uses.

• 50 CFR Part 36 — Alaska National Wildlife Refuges: a supplement to the general NWR regulations that applies specifically to the 16 refuges in Alaska, covering approximately 77 million acres — the majority of the entire National Wildlife Refuge System. Part 36 reflects the unique management challenges created by ANILCA (Alaska National Interest Lands Conservation Act, 1980), which both expanded Alaska's refuges dramatically and guaranteed specific use rights to Alaska Natives and rural residents. Key provisions:

  • §§ 36.11–36.16 — Subsistence priority (Subpart B): subsistence uses by local rural residents — fishing, hunting, trapping, and gathering — are the priority consumptive use of Alaska NWR resources; this priority supersedes all other consumptive uses including sport hunting and commercial harvest when conflicts arise; the Refuge Manager must make conservation decisions with "least adverse impact" on local rural residents who depend on subsistence; State of Alaska regulations are incorporated by reference to the extent consistent with ANILCA
  • § 36.12 — Snowmobiles, motorboats, dog teams: local rural residents engaged in subsistence activities may use snowmobiles, motorboats, and dog teams on Alaska NWRs regardless of otherwise applicable general NWR restrictions; the Refuge Manager may restrict specific routes or areas only after a public hearing in the affected village, and only upon a finding of adverse impacts to public safety, resource protection, or conservation of threatened/endangered species
  • § 36.13–36.14 — Subsistence fishing and hunting: local rural residents may fish and hunt on Alaska NWRs in compliance with applicable state and federal law; state fish and game regulations are incorporated by reference as the operating rules for subsistence access, creating a joint federal-state management layer
  • § 36.15 — Subsistence timber use: noncommercial cutting of live standing timber is permitted for subsistence purposes (firewood, house logs) with specific diameter and volume limits; for timber over 6 inches diameter, a special use permit from the Refuge Manager is required; no cutting within 50 feet of a stream, lake, or river; no more than 20% of any specific stand may be removed
  • § 36.41–36.46 — Other uses (Subpart D): non-subsistence uses including sport hunting, sport fishing, trapping by non-rural residents, mineral extraction, aircraft operations, and commercial activities are subject to compatibility determinations and permits; sport hunting is allowed in Alaska National Wildlife Refuges (unlike in the contiguous 48 states, where many refuges prohibit it) pursuant to ANILCA's preservation of Alaska's pre-existing hunting tradition
  • § 36.16 — Closure to subsistence: the FWS may close an area to subsistence uses only when necessary to protect a population from being extirpated and only after a public hearing in the affected village — a higher procedural bar than applies to closures to non-subsistence users, reflecting the constitutional sensitivity of restricting Alaska Native subsistence rights

  82 FR 52010 (2017) — the most recent substantial revision, implementing updated compatibility findings and clarifying snowmobile access routes on specific refuges in response to Alaska village petitions.

• 50 CFR Part 29 — FWS Land Use Management — the regulations governing rights-of-way and resource extraction on National Wildlife Refuge System lands and National Fish Hatchery System lands. Two operationally significant subparts:

  Subpart B — Rights-of-Way General Regulations (18 sections): utilities, pipelines, power lines, and roads that cross refuge land require a right-of-way permit from FWS. Key requirements:

  • § 29.13 — Compatibility determination required: FWS will not issue or renew any ROW permit unless the proposed use is a compatible use — one that will not materially interfere with the refuge's mission or established purposes; no compatibility determination is needed for privately owned mineral rights that predate the refuge
  • § 29.14 — Mandatory pre-application meeting: before submitting an application, potential applicants must contact the appropriate FWS Regional Director to schedule a pre-application meeting; this meeting allows the applicant to describe the project and receive early feedback on likely compatibility and timeline
  • § 29.15–29.17 — Application process: applicants submit a completed Standard Form 299 (SF-299) with maps, legal description, and supporting environmental documentation; FWS deems the application complete only when it has sufficient information for a compatibility determination and NEPA compliance; a licensed professional land surveyor must provide a final survey plat before FWS issues the permit
  • § 29.18 — Cost recovery: the applicant must reimburse FWS for all costs it incurs evaluating and processing the application — including surveys, compatibility determination, appraisal, and NEPA review — even if the application is ultimately denied
  • § 29.19 — Nature of interest: pipeline ROW permits issued under the Mineral Leasing Act may not exceed 30 years in term and 50 feet in width (plus the pipeline and related facilities); power line ROWs are subject to NESC compliance requirements; permits transfer only with Regional Director approval
  • § 29.23 — Fair market value: applicants must pay fair market value for use and occupancy of refuge land, as determined by the Regional Director; Federal, State, and local agencies exempt by other law must provide equivalent non-monetary compensation acceptable to the Service

  Subpart D — Management of Non-Federal Oil and Gas Rights (61 sections): when a wildlife refuge was established over land where mineral rights were not acquired (a common situation — mineral rights are often severed from surface rights), the mineral rights holder retains the right to extract minerals but must work through FWS to access the surface. This subpart governs those situations: FWS processes access applications, conducts compatibility reviews, and may impose operating restrictions designed to minimize impacts on wildlife and habitat. Operators must submit a Proposed Plan of Operations; FWS reviews for compatibility and may require modifications; surety bonds are required to cover reclamation costs. The 2016 rulemaking (81 FR 79971) substantially strengthened protections — including requiring Best Management Practices and imposing stricter reclamation standards — while acknowledging that FWS cannot prohibit extraction of validly held non-federal mineral rights.

• 50 CFR Part 32 — Hunting and Fishing (60 sections — the operational framework governing how, when, and under what conditions the public may hunt and fish on National Wildlife Refuge System lands across all 50 states; Subpart A establishes the general legal framework that applies system-wide; Subpart B lists refuge-specific regulations for every state):

  • § 32.1 — Opening to hunting: a refuge area may be opened to hunting of migratory game birds, upland game, or big game only after the Secretary of the Interior makes a formal determination that the opening is compatible with the principles of sound wildlife management and otherwise in the public interest; this determination is both a conservation standard and a legal prerequisite — hunting on a refuge where no compatibility determination exists is unlawful regardless of state law authorization; refuges may be opened to hunting of one or more species categories but remain closed to others
  • § 32.2 — Hunter requirements: hunters on refuge lands must comply with applicable state licensing requirements (including a state license for the species being hunted) and federal requirements; waterfowl hunters 16 years of age and older must possess a valid Federal Migratory Bird Hunting and Conservation Stamp (the Federal Duck Stamp); hunters must also comply with any refuge-specific rules published under § 32.3, which may include restricted areas, gear limitations, authorized species, season dates, and bag limits that differ from (and may be more restrictive than) state regulations
  • § 32.3 — Refuge-specific hunting regulations: after a refuge is opened to hunting, the Regional Director may promulgate refuge-specific regulations governing species, seasons, bag limits, areas, methods, and other conditions; regulations must be published in the Federal Register and are codified in the state-by-state sections of Subpart B; refuge-specific regulations may close portions of the refuge to protect sensitive nesting areas, winter concentration areas, or other critical habitats even during an otherwise open season
  • § 32.4 — Opening to fishing: a refuge area may be opened to sport fishing only after a determination that fishing is compatible with the refuge's established purposes and consistent with principles of sound fishery management; the compatibility standard and public interest test parallel the hunting provisions; as of 2026, approximately 340 refuges are open to sport fishing
  • § 32.5 — Sport fishing requirements: anglers must possess a valid state fishing license and comply with federal and refuge-specific regulations; certain refuges have designated fishing areas, restricted gear types (fly-fishing only, barbless hooks, no treble hooks), size and creel limits that supplement or differ from state rules, and species closures to protect endangered or threatened fish
  • § 32.7 — Refuge units open to hunting/fishing: a master list of all refuges open to hunting and/or fishing, organized by state; the list determines which refuges are legally accessible for each activity — an unlisted refuge is closed to the listed activity regardless of whether state law would otherwise permit it
  • § 32.8 — Areas closed to hunting: a historical table of Presidential proclamations and Secretary's orders that closed specific areas — including portions of Wheeler National Wildlife Refuge in Alabama (closed by 1959, 1960, and 1970 proclamations) and Big Lake NWR in Arkansas — predating the current compatibility determination framework; these pre-1966 closures remain binding as independent legal authority

  Part 32 governs one of the most practically significant public access questions on federal land — whether a specific refuge is open to hunting or fishing. Because the Refuge System's 95 million acres span 570+ refuges across every state, and because each refuge may have different rules for different species and different areas, the consequence for hunters and anglers is that checking refuge-specific regulations (at fws.gov/refuge/regulations or the individual refuge's page) is legally mandatory, not just advisable. Federal Duck Stamp proceeds (98% of the $25 annual fee) go directly to wetlands habitat acquisition under the Wetlands Loan Act — making the Duck Stamp requirement both a funding mechanism and a hunting access prerequisite. Refuge hunting and fishing programs represent a significant departure from the "no hunting" stereotype of federally protected lands; the compatibility standard means uses are allowed where they actually support wildlife conservation goals, including population management for overabundant species and providing consumptive uses that generate political and financial support for conservation.

• 50 CFR Part 26 — Public Entry and Use (FWS, 15 sections — the baseline trespass and access regulations that establish the default legal framework for entering National Wildlife Refuges; all more specific refuge uses — hunting under Part 32, fishing, wildlife observation — layer on top of Part 26's threshold rules; authority: 16 U.S.C. § 460k (Refuge Recreation Act), 5 U.S.C. § 301 (agency housekeeping)):

  • § 26.21 — General trespass provision: no person shall trespass on, enter, use, or be present upon any national wildlife refuge except as expressly permitted by applicable regulations; a National Wildlife Refuge is not a public park with open access — the default legal status of every refuge is closed to the public; entry without authorization is a federal trespass violation regardless of the purpose or the absence of posted signs; this default-closed rule reflects the Refuge System's primary mission: wildlife conservation, not public recreation
  • § 26.22 — General exception for entry: a person is not required to obtain a specific permit to enter a refuge if (a) the entry is in compliance with all applicable regulations (this Part and others) and (b) the entry occurs only in areas or zones specifically designated and open to public use; in practice, this exception covers the vast majority of refuge visits — designated trails, visitor centers, and observation platforms are generally open without individual permits under this exception; the exception does not authorize presence in closed or restricted zones even when the rest of the refuge is open
  • § 26.23 — Headquarters office: the headquarters office of any refuge is open to public access without a permit for official business; persons visiting the office to obtain permits, ask questions, or transact administrative business do not need a permit for that specific purpose
  • § 26.24 — Accompanied entry: access to any part of a refuge by a person accompanied by refuge personnel (a wildlife officer, biologist, or visitor services staff member) is permitted without a separate permit; law enforcement officials, government employees on official business, and contractor personnel working under a signed agreement may enter under this exception with appropriate credentials or documentation
  • § 26.25 — Economic use privilege: persons who hold a valid economic use permit (grazing permit, mineral rights access authorization, agricultural lease) may enter and travel on the refuge to the extent necessary to exercise that permit; economic use permits date from before many refuges were established on lands with existing grazing, agricultural, or mineral leases; the economic use permit exception recognizes vested interests that predate or are incorporated into the refuge boundary
  • § 26.26 — Emergency shelter: no permit is required for access to a refuge area for temporary shelter from imminent danger to life or safety (storm, wildfire, medical emergency); persons using emergency shelter must leave the area as soon as the emergency permits; the exception covers the narrow case of genuine emergency access, not general camping or prolonged presence
  • § 26.27 — Designated routes of travel: a permit is not required for travel on and exit from a refuge via designated routes (roads, trails, waterways) that are open to public travel; the designation must be published in applicable refuge regulations or posted on site; travel off designated routes — through undeveloped refuge land, across closed areas, using unmaintained tracks — is not covered by this exception and requires either a permit or specific authorization
  • § 26.31 — Recreation as incidental use: public recreation is permitted on refuges only when it has been determined to be an appropriate incidental or secondary use of refuge land consistent with the refuge's mission and purposes and consistent with sound wildlife management; this compatibility determination requirement means that recreation is not an inherent right on refuge land — it must be affirmatively authorized for each activity on each refuge; wildlife observation, photography, environmental education, and interpretation are listed as priority public uses under the Refuge Improvement Act (16 U.S.C. § 668dd(a)(4))
  • § 26.32 — Recreational uses: recreational uses authorized as compatible include sightseeing, nature observation and photography, interpretive programs, boating, fishing, and hunting where separately authorized; each permitted use may be subject to additional conditions (designated areas, seasons, equipment restrictions, permit requirements); the list of permitted recreational uses on each refuge is published in that refuge's Comprehensive Conservation Plan and in refuge-specific regulations under § 26.33/§ 26.34
  • § 26.33–26.34 — Special regulations: many refuges have individual special regulations that supersede or supplement the general Part 26 framework — specifying entry hours, permitted roads, closures for nesting seasons, and other refuge-specific conditions; all such special regulations are codified in § 26.34, which contains a state-by-state listing of refuge-specific access rules; visiting a specific refuge requires checking both the general Part 26 framework and the refuge's specific entry in § 26.34

  The default-closed structure of Part 26 reflects the fundamental difference between National Wildlife Refuges and National Parks: Congress established the Refuge System with wildlife conservation as the primary purpose (the "wildlife first" mandate), and recreation is allowed only when compatible — not as a coequal right. In practice, most of the 570+ refuges in the system have extensive public access programs with visitor centers, walking trails, auto tour routes, and accessible wildlife observation platforms, because wildlife observation and environmental education are explicitly designated as priority public uses. But the legal framework is conservation-first, and Part 26's trespass provision means that anyone present on a refuge outside designated open areas and authorized activities is a federal trespasser even if they didn't see a sign. USFWS law enforcement officers patrol refuges and issue citations for unauthorized presence, off-trail travel, and entry outside posted hours. Last major revision: 43 FR 45563 (October 1978) — original promulgation of Part 26 in current form; subsequent revisions to § 26.34 are frequent as individual refuges adopt, modify, or eliminate special regulations through Federal Register rulemaking.

• 50 CFR Part 31 — Wildlife Species Management: FWS's operational framework for managing wildlife populations on National Wildlife Refuge System lands — the "how" behind the conservation mission, covering population assessment, surplus control, and authorized uses of wildlife taken on refuges. Authority: National Wildlife Refuge System Administration Act (16 U.S.C. §§ 668bb, 668dd); Recreation and Public Purposes Act (16 U.S.C. § 460k); Fish and Wildlife Act (16 U.S.C. § 685). Key provisions:

  • § 31.1 — Determination of surplus wildlife populations: refuge managers must use population census, habitat evaluation, and other ecological assessment methods to determine whether a species' population on a refuge has exceeded the carrying capacity of available habitat; a "surplus" determination is the predicate for most active management interventions — you cannot authorize trapping, hunting, or sale of wildlife without first establishing through documented science that the population exceeds habitat capacity
  • § 31.2 — Methods of surplus population control and disposal: once a surplus is determined, the FWS may reduce the population through (a) hunting or trapping programs open to the public (subject to compatible-use determinations under 50 CFR Part 32); (b) official animal control operations conducted by FWS staff or contractors (§ 31.14); (c) donation, loan, or sale of wildlife to qualified recipients; or (d) commercial harvest of fishery resources (§ 31.13); the selection of method is a management decision balancing conservation objectives, public access values, and operational feasibility
  • § 31.11 — Donation and loan of wildlife specimens: FWS may donate or loan surplus wildlife — live animals, carcasses, or specimens — to public institutions (zoos, research institutions, museums, universities) for educational or scientific purposes; donation or loan of resident wildlife species requires certification that the receiving institution will comply with applicable state law; federal wildlife specimens remain federal property; the provision enables scientific research using refuge wildlife without removing animals from the conservation system
  • § 31.12 — Sale of surplus wildlife specimens: surplus wildlife may be sold alive or as dressed/processed product, subject to federal and state law; sale proceeds accrue to the U.S. Treasury; this provision enables commercial disposition of surplus waterfowl, deer, or other species when the scale of the surplus or operational constraints make public hunting programs insufficient alone; sale contracts must include compliance with applicable state wildlife laws by the purchaser
  • § 31.13 — Commercial harvest of fishery resources: refuge managers may authorize commercial fish harvest (netting, trapping) by permit or refuge-specific regulation when compatible with refuge conservation purposes; commercial harvest is distinguished from the public sport fishing permitted under Part 32 — it involves larger-scale removal of fish biomass and requires separate compatibility analysis; commercial fishing is authorized on a relatively small number of refuges where it does not conflict with the conservation mission and supports local fishing-dependent communities
  • § 31.14 — Official animal control operations: FWS may authorize "official animal control" — lethal or non-lethal removal by authorized officers — for species that are surplus or "detrimental to the management program"; this provision covers both overabundant native species (deer in refuges without natural predators, resident Canada geese in suburban refuges) and invasive species (feral hogs, mute swans, nutria) whose presence threatens refuge conservation goals; control operations must comply with applicable federal and state law and are subject to NEPA analysis for significant population reductions
  • § 31.16–31.17 — Trapping programs and fur disposal: where trapping has been authorized as a compatible use, trappers must secure a federal trapping permit and comply with its conditions; FWS manages the furs and pelts from refuge trapping programs — they are sold by public auction or on the open market unless donation serves a specific conservation or educational purpose; auction proceeds go to the U.S. Treasury; refuge trapping programs serve a dual function: population control (especially for predators and nuisance furbearers) and supporting traditional trapping communities

  Part 31 represents the active management dimension of the Refuge System — the ecological operations that translate the conservation mission into population-level outcomes. The statutory framework requires that all management actions maintain wildlife populations at levels compatible with available habitat, preventing both overabundance (which degrades habitat through overbrowsing, disease, and competition) and depletion (which underserves the refuge's conservation purpose). Surplus wildlife management decisions are among the most publicly contentious refuge management actions — lethal control of deer, geese, or predators regularly generates public comment, litigation, and media attention. No major standalone Part 31 amendments in recent years — management authority has been stable while the compatible-use determination framework (Part 32) has been updated more recently.

Pending Legislation

• HR 6603 — Free entrance to National Wildlife Refuges on federal holidays. Status: Introduced.
• HR 4219 (Rep. Case, D-HI) — Regional Fish and Wildlife strike teams for invasive species, $15M/year 2026-2030. Status: Introduced.
• HR 4108 (Rep. Nadler, D-NY) — Ban body-gripping traps on National Wildlife Refuges. Status: Introduced.
• S 1596 (Sen. Cornyn, R-TX) — Rename Anahuac NWR as Jocelyn Nungaray NWR. Status: Became law.
• S 413 (Sen. Blumenthal, D-CT) — Study Plum Island for protection as national park or wildlife refuge. Status: Introduced.
• HR 839 (Rep. Arrington, R-TX) — Bar implementation of Muleshoe NWR land protection plan. Status: In committee.

Recent Developments

• The Arctic National Wildlife Refuge oil development debate continues — the 2017 Tax Cuts and Jobs Act authorized leasing in the Coastal Plain, but lease sales have been controversial and challenged
• Climate change is affecting refuge habitats — sea level rise threatens coastal refuges, warming alters migration patterns, and invasive species are expanding
• The Refuge System faces a maintenance backlog estimated at over $2 billion
• Urban wildlife refuges have expanded, bringing conservation and environmental education to metropolitan areas
• Renewable energy development (solar, wind) near refuges has raised new compatibility questions