An Act to provide for the conservation, protection, and propagation of native species of fish and wildlife, including migratory birds, that are threatened with extinction to consolidate the authorities Relating to the administration by the Secretary of the Interior of the National Wildlife Refuge System and for other purposes
PL 89-669 (H.R.9424), enacted 10/15/1966

926 
PUBLIC LAW 89-669-OCT. 15, 1966 
[80 
STAT. 
October 15, 1966 
[H. R. 9424] 
Public Law 89-669 
AN ACT 
To provide for the conservation, protection, and proi)agation of native si)ecies 
of fish and vs^ildlife, including migratory birds, that are threatened with 
extinction; to consolidate the authorities relating to the administration by 
the Secretary of the Interior of the National Wildlife Refuge System; and 
for other purposes. 
Fish and wild-
life. 
Conservation 
and protection. 
39 Stat. 1702; 
50 Stat. 1311. 
56 Stat. 1354. 
Endangered 
species. 
Publication in 
Federal Register. 
45 Stat. 1222; 
70 Stat. 1119; 
60 Stat. 1080. 
16 u s e 715, 
742a note, 661 
note. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That (a) tlie Con-
gress finds and declares that one of the unfortunate consequences of 
growth and development in the United States has been the extermi-
nation of some native species of fish and wildlife; that serious losses 
in other species of native wild animals with educational, historical, 
recreational, and scientific value have occurred and are occurring; and 
that the United States has pledged itself, pursuant to migratory bird 
treaties with Canada and Mexico and the Convention on Nature Pro-
tection and Wildlife Preservation in the Western Hemisphere, to 
conserve and protect, where practicable, the various species of native 
fish and wildlife, including game and nongame migratory birds, that 
are threatened with extinction. 
The purposes of this Act are to pro-
vide a program for the conservation, protection, restoration, and 
propagation of selected species of native fish and wildlife, including 
migratory birds, that are threatened with extinction, and to consoli-
date, restate, and modify the present authorities relating to adminis-
tration by the Secretary of the Interior of the National Wildlife 
Eefuge System. 
(b) It is further declared to be the policy of Congress that the 
Secretary of the Interior, the Secretary of Agriculture, and the Sec-
retary of Defense, together with the heads of bureaus, agencies, and 
services within their departments, shall seek to protect species of 
native fish and wildlife, including migratory birds, that are threatened 
with extinction, and, insofar as is practicable and consistent with the 
primary purposes of such bureaus, agencies, and services, shall pre-
serve the habitats of such threatened species on lands under their 
jurisdiction. 
(c) A species of native fish and wildlife shall be regarded as 
threatened with extinction whenever the Secretary of the Interior 
finds, after consultation with the affected States, that its existence is 
endangered because its habitat is threatened with destruction, drastic 
modification, or severe curtailment, or because of overexploitation, dis-
ease, predation, or because of other factors, and that its survival 
requires assistance. In addition to consulting with the States, the 
Secretary shall, from time to time, seek the advice and recommenda-
tions of interested persons and organizations including, but not lim-
ited to, ornithologists, ichthyologists, ecologists, herpetologists, and 
mammalogists. 
He shall publish in the Federal Register the names of 
the species of native fish and wildlife found to be threatened with 
extinction in accordance with this paragraph. 
SEC. 2. (a) The Secretary of the Interior shall utilize the land 
acquisition and other authorities of the Migratory Bird Conservation 
Act, as amended, the Fish and Wildlife Act of 1956, as amended, and 
the Fish and Wildlife Coordination Act to carry out a program in 
the United States of conserving, protecting, restoring, and propagat-
ing selected species of native fish and wildlife that are threatened with 
extinction. 
80 
STAT.] 
PUBLIC LAW 89-669-OCT. 15, 1966 
927 
16 u s e 460/-4 
n ote. 
Cooperation with 
States. 
(b) In addition to the land acquisition authorities in such Acts, 
the Secretary is hereby authorized to acquire by purchase, donation, 
or otherwise, lands or interests therein needed to carry out the purpose 
of this Act relating to the conservation, protection, restoration, and 
propagation of selected species of native fish that are threatened with 
extinction. 
(c) Funds made available pursuant to the Land and Water Con-
servation Fund Act of 1965 (78 Stat. 897) may be used for the purpose 
of acquiring lands, waters, or interests therein pursuant to this section 
that are needed for the purpose of conserving, protecting, restoring, 
and propagating selected species of native fish and wildlife, including 
migratory birds, that are threatened with extinction. 
Not to exceed 
$5,000,000 may be appropriated annually pursuant to that Act for 
such purpose for any fiscal year, and the total sum appropriated for 
such purpose shall not exceed $15,000,000: Provided^ That the Secre-
tary shall, to the greatest extent possible, utilize funds from the Land 
and Water Conservation Fund Act of 1965 for such purpose. 
Such 
sums shall remain available until expended. 
The Secretary shall not 
use more than $750,000 to acquire lands, waters, or interests therein 
for any one area for such purpose unless authorized by Act of 
Congress. 
(d) The Secretary shall review other programs administered by 
him and, to the extent practicable, utilize such programs in further-
ance of the purpose of this Act. 
The Secretary shall also encourage 
other Federal agencies to utilize, where practicable, their authorities 
in furtherance of the purpose of this Act and shall consult with and 
assist such agencies in carrying out endangered species program. 
SEC. 3. (a) In carrying out the program authorized by this Act, the 
Secretary shall cooperate to the maximum extent practicable with the 
several States. 
Such cooperation shall include consultation before 
the acj^uisition of any land for the purpose of conserving, protecting, 
restoring, or propagating any endangered species of native fish and 
wildlife. 
(b) The Secretary may enter into agreements with the States for 
the administration and management of any area established for the 
conservation, protection, restoration, and propagation of endangered 
species of native fish and wildlife. 
Any revenues derived from the 
administration of such areas under these agreements shall be subject 
to the provisions of section 401 of the Act of June 15, 1935 (49 Stat. 
383), as amended (16 U.S.C. 715s). 
..«„onax w 
SEC. 4. (a) For the purpose of consolidating the authorities relating life'iTe'fugrsy 
to the various categories of areas that are administered by the Secre- tem." 
tary of the Interior for the conservation of fish and wildlife, including 
species that are threatened with extinction, all lands, waters, and in-
terests therein administered by the Secretary as wildlife refuges, areas 
for the protection and conservation of fish and wildlife that are threat-
ened with extinction, wildlife ranges, game ranges, wildlife manage-
jnent areas, or waterfowl production areas are hereby designated as 
the "National Wildlife Kefuge System" (referred to herein as the 
"System"), which shall be subject to the provisions of this section. 
Nothing contained in this Act shall restrict the authority of the Secre-
tary to modify or revoke public land withdrawals affecting lands in 
the System as presently constituted, or as it may be constituted, when-
ever he determines that such action is consistent with the public interest. 
(b) In administering the System, the Secretary is authorized— 
(1) to enter into contracts with any person or public or private 
agency through negotiation for the provision of public accom-
modations when, and in such locations, and to the extent that the 
78 Stat. 701. 
"National Wild-
Admini stra tion. 
928 
PUBLIC LAW 89-669-OCT. 15, 1966 
[80 
STAT. 
Prohibited 
activities. 
Use of areas. 
Penalties. 
Secretary determines will not be inconsistent "svitli tlie prinuiry 
purpose for which the affected area was established. 
(2) to accept donations of funds and to use such funds to acquire 
or manage lands or interests therein, and 
(3) to acquire lands or interests therein by exchange (a) for 
acquired lands or public lands under his jurisdiction which he finds 
suitable for disposition, or (b) for the right to remove, in accord-
ance with such terms and conditions as the Secretary may pre-
scribe, products from the acquired or public lands withm the 
System. 
The values of the properties so exchanged either shall 
be approximately equal^ or if they are not approximately equal 
the values shall be equalized by the payment of cash to the grantor 
or to the Secretary as the circumstances require. 
(c) No person shall knowingly disturb, injure, cut, burn, remove, 
destroy, or possess any real or personal property of the United States, 
including natural growth, in any area of the System; or take or pos-
sess any fish, bird, mammal, or other wild vertebrate or invertebrate 
animals or part or nest or egg thereof within any such area; or enter, 
use, or otherwise occupy any such area for any purpose; unless such 
activities are performed by persons authorized to manage such area, 
or unless such activities are permitted either under subsection (d) of 
this section or by express provision of the law, proclamation. Execu-
tive order, or public land order establishing the area, or amendment 
thereof: Provided, That the United States mining and mineral leasing 
laws shall continue to apply to any lands within the System to the 
same extent they apply prior to the effective date of this Act unless 
subsequently withdrawn under other authority of law. Nothing in 
this Act shall be construed to authorize the Secretary to control or 
regulate hunting or fishing of resident fish and wildlife, including 
endangered species thereof, on lands not within the System. 
The 
regulations permitting hunting and fishing of resident fish and wild-
life within the System shall be, to the extent practicable, consistent 
with State fish and wildlife laws and regulations. 
The provisions of 
this Act shall not be construed as affecting the authority, jurisdiction, 
or responsibility of the several States to manage, control, or regulate 
fish and resident wildlife under State law or regulations in any area 
within the System. 
(d) The Secretary is authorized, under such regulations as he may 
prescribe, to— 
(1) permit the use of any area within the System for any pur-
pose, including but not limited to hunting, fishing, public recrea-
tion and accommodations, and access whenever he determines that 
such uses are compatible with the major purposes for which such 
areas were established: Provided, 
That not to exceed 40 per 
centum at any one time of any area that has been, or hereafter may 
be acquired, reserved, or set apart as an inviolate sanctuary for 
migratory birds, under any law, proclamation. Executive order, 
or public land order may oe administered by the Secretary as an 
area within which the taking of migratory game birds may be per-
mitted under such regulations as he may prescribe; and 
(2) permit the use 6f, or grant easements in, over, across, upon, 
through, or under any areas within the System for purposes such 
as but not necessarily limited to, powerlines, telephone lines, 
canals, ditches, pipelines, and roads, including the construction, 
operation, and maintenance thereof, whenever he determines that 
such uses are compatible with the purposes for which these areas 
are established. 
(e^ Any person who violates or fails to comply with any of the 
provisions of this Act or any regulations issued thereunder shall be 
80 
STAT.] 
PUBLIC LAW 89-669-OCT. 15, 1966 
929 
fined not more than $500 or be imprisoned not more tlian six months, 
or both. 
(f) Any person authorized by the Secretary of the Interior to 
enforce the provisions of this Act or any regulations issued there-
under, may, without a warrant, arrest any person violating this Act 
or regulations in his presence or view, and may execute any warrant 
or other process issued by an officer or court of competent jurisdiction 
to enforce the provisions of this Act or regulations, and may with a 
search warrant search for and seize any property, fish, bird, mammal, 
or other wild vertebrate or invertebrate animals or part or nest or egg 
thereof, taken or possessed in violation of this Act or the regulations 
issued thereunder. 
Any property, fish, bird, mammal, or other wild 
vertebrate or invertebrate animals or part or egg thereof seized with 
or without a search warrant shall be held by such person or by a 
United States marshal, and upon conviction, shall be forfeited to the 
United States and disposed of by the court. 
(g) Regulations applicable to areas of the System that are in effect 
on the date of enactment of this Act shall continue in effect until modi-
fied or rescinded. 
(h) Nothing in this section shall be construed to amend, repeal, or 
otherwise modify the provision of the Act of September 28, 1962 (76 
Stat. 653; 16 U.S.C. 460K—460K-4) which authorizes the Secretary 
of the Interior to administer the areas within the System for public 
recreation. 
The provisions of this section relating to recreation shall 
be administered in accordance with the provisions of said Act. 
(i) Nothing in this Act shall constitute an express or implied claim 
or denial on the part of the Federal Government as to exemption from 
State water laws. 
SEC. 5. (a) The term "person" as used in this Act means any indi-
vidual, partnership, corporation, or association. 
(b) The terms "take" or "taking" or "taken" as used in this Act 
mean to pursue, hunt, shoot, capture, collect, kill, or attempt to pur-
sue, hunt, shoot, capture, collect, or kill. 
(c) The terms "State" and the "United States" as used in this Act 
mean the several States of the United States, the Commonwealth of 
Puerto Rico, American Samoa, the Virgin Islands, and Guam. 
SEC. 6. Section 4(b) of the Act of March 16, 1934 (48 Stat. 451), 
as amended (16 U.S.C. 7l8d(b)), is further amended by changing the 
colon after the word "areas" to a period and striking the provisos, 
which relate to hunting at certain wildlife refuges and which are now 
covered by section 4 of this Act. 
SEC. 7. (a) Sections 4 and 12 of the Migratory Bird Conservation 
Act (45 Stat. 1222), as amended (16 U.S.C. 7l5c and 715k), are fur-
ther amended by deleting the word "game" wherever it appears. 
(b) Section 10 of the Migratory Bird Conservation Act (45 Stat. 
1224), as amended (16 U.S.C. 7l5i), which relates to the administra-
tion of certain wildlife refuges, is amended to read as follows: 
"SEC. 10. (a) Areas of lands, waters, or interests therein acquired 
or reserved pursuant to this Act shall, unless otherwise provided by 
law, be administered by the Secretary of the Interior under rules and 
regulations prescribed by him to conserve and protect migratory birds 
in accordance with treaty obligations with Mexico and Canada, and 
other species of wildlife found thereon, including species that are 
threatened with extinction, and to restore or develop adequate wildlife 
habitat. 
Enforcement. 
Definitions. 
72 Stat. 486. 
930 
PUBLIC LAW 89-669-OCT. 15, 1966 
[80 STAT. 
"(b) In administering such areas, the Secretary is authorized to 
manage timber, range, and agricultural crops; to manage other species 
of animals, including but not limited to fenced range animals, with 
the objectives of perpetuating, distributing, and utilizing the resources; 
and to enter into agreements with public and private agencies." 
(c) Section 11 of the Migratory Bird Conservation Act (45 Stat. 
45 Stat. 1224. 
1224) (16 U.S.C. 7l5j) is amended by striking the period at the end 
thereof and adding the following: "(39 Stat. 1702) and the treaty 
between the United States and the United Mexican States for the pro-
tection of migratory birds and game mammals concluded February 7, 
1936 (50 Stat. 1311)." 
^^p^^^- 
(d) Sections 13 and 14 of the Migratory Bird Conservation Act 
(45 Stat. 1225), as amended (16 U.S.C. 7151 and 7l5m), which provide 
for the enforcement of said Act and for penalties for violations thereof 
and which are covered by section 4 of this Act, are repealed. 
^^P^^^- 
SEC. 8. (a) Sections 302 and 303 of title I I I of the Act of June 15, 
1935 (49 Stat. 382), as amended (16 U.S.C. 7l5d-l and 7l5d-2), which 
authorize exchanges at wildlife refuges and which are covered by 
section 4 of this Act, are repealed. 
(b) The last sentence of section 401(a) of the Act of June 15, 1935 
78 Stat. 701. 
(49 Stat. 383), as amended (16 U.S.C. 7l5s), is amended by inserting 
after the term "wildlife refuges", the following: "lands acquired or 
reserved for the protection and conservation of fish and wildlife that 
are threatened with extinction,". 
SEC. 9. The first clause in section 1 of the Act of September 28, 
16 use 460k. 
i9g2 (76 Stat. 653), is amended by deleting the words "national wild-
life refuges, game ranges," and inserting therein "areas within the 
National Wildlife Refuge System,". 
othe7wUdLfe"f 
S^c- 10. (a) The first sentence in section 1 of the Act of August 22, 
preservation.' 
1957 (7l Stat. 412; 16 U.S.C. 696), is amended to read as follows: 
"SEC. 1. In order to protect and preserve in the national interest the 
key deer and other wildlife resources in the Florida Keys, the Secre-
tary of the Interior is authorized to acquire by purchase, lease, ex-
change, and donations, including the use of donated funds, such lands 
or interests therein in townships 65 and 66 south, ranges 28, 29, and 
30 east, Monroe County, Florida, as he shall find to be suitable for 
the conservation and management of the said key deer and other 
wildlife: Provided^ That no lands within a one thousand-foot zone 
adjacent to either side of United States Highway Numbered 1 in 
Monroe County shall be acquired for the Key Deer National Wildlife 
Refuge by condemnation. 
The Secretary, m the exercise of his ex-
change authority, may accept title to any non-Federal property in 
townships 65 and 66 south, ranges 28, 29, and 30 east, Monroe County, 
Florida, and in exchange therefor convey to the grantor of such 
property any federally owned property in the State of Florida under 
his jurisdiction which he classifies as suitable for exchange or other 
disposal. The values of the properties so exchanged either shall be 
approximately equal, or if they are not approximately equal the 
values shall be equalized by the payment of cash to the grantor or to 
the Secretary as the circumstances require." 
71 Stat. 413. 
(b) Section 3 of such Act of August 22,1957 (16 U.S.C. 696b), is 
amended by striking out the second and third sentences and inserting 
in lieu thereof the following: "The Secretary shall not utilize more 
than $2,035,000 from appropriated funds for the acquisition of land 
and interests in land for tne purposes of this Act." 
Approved October 15, 1966o