The Refuge Trespass Act (“Act”) was enacted by Congress in June 25, 1948.  The Act makes any conduct  that causes disturbance to birds or their eggs on federal wildlife reservations a misdemeanor[i]. The Act consolidated the penalty provisions of various Acts from 1905 through 1934 establishing and protecting fish and wildlife areas.

The rationale behind the development of this Act is to provide protection to wildlife within federal sanctuaries, refuges, fish hatcheries, and breeding grounds.  In addition, the Act prohibits activities causing disturbance or injury on wildlife refuges that include[ii]:

• Hunting, trapping, capturing, willfully disturbing or killing any bird, fish, or wild animal of any kind;
• Taking or destroying the eggs or nest of any such bird or fish, on any lands or waters which are set apart or reserved as sanctuaries, refuges or breeding grounds under any law of the U.S.; or
• Willfully injuring, molesting, or destroying any property of the U.S. on any such lands or waters.

The Act also directs the U.S. Fish and Wildlife Service to expand the scope of conservation, monitoring, assessment, and management beyond refuge boundaries to encompass surrounding landscapes.  However, any person violating the provisions of this Act will be fined or imprisoned for not more than six months, or both[iii].

[i] 18 USCS § 41.

[ii] Id.

[iii] Id.