36 C.F.R. § 2.2

Wildlife protection

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(a) The following are prohibited:

(1) The taking of wildlife, except by authorized hunting and trapping activities conducted in accordance with paragraph (b) of this section.

(2) The feeding, touching, teasing, frightening or intentional disturbing of wildlife nesting, breeding or other activities.

(3) Possessing unlawfully taken wildlife or portions thereof.

(b) Hunting and trapping. (1) Hunting shall be allowed in park areas where such activity is specifically mandated by Federal statutory law.

(2) Hunting may be allowed in park areas where such activity is specifically authorized as a discretionary activity under Federal statutory law if the superintendent determines that such activity is consistent with public safety and enjoyment, and sound resource management principles. Such hunting shall be allowed pursuant to special regulations.

(3) Trapping shall be allowed in park areas where such activity is specifically mandated by Federal statutory law.

(4) Where hunting or trapping or both are authorized, such activities shall be conducted in accordance with Federal law and the laws of the State within whose exterior boundaries a park area or a portion thereof is located. Nonconflicting State laws are adopted as a part of these regulations.

(c) Except in emergencies or in areas under the exclusive jurisdiction of the United States, the superintendent shall consult with appropriate State agencies before invoking the authority of § 1.5 for the purpose of restricting hunting and trapping or closing park areas to the taking of wildlife where such activities are mandated or authorized by Federal statutory law.

(d) The superintendent may establish conditions and procedures for transporting lawfully taken wildlife through the park area. Violation of these conditions and procedures is prohibited.

(e) The Superintendent may designate all or portions of a park area as closed to the viewing of wildlife with an artificial light. Use of an artificial light for purposes of viewing wildlife in closed areas is prohibited.

(f) Authorized persons may check hunting and trapping licenses and permits; inspect weapons, traps and hunting and trapping gear for compliance with equipment restrictions; and inspect wildlife that has been taken for compliance with species, size and other taking restrictions.

(g) The regulations contained in this section apply, regardless of land ownership, on all lands and waters within a park area that are under the legislative jurisdiction of the United States.

[48 FR 30282, June 30, 1983, as amended at 49 FR 18450, Apr. 30, 1984; 51 FR 33264, Sept. 19, 1986; 52 FR 35240, Sept. 18, 1987]

Notes of Decisions

Cited in 17 cases (4 in the last 5 years), 1985–2026 · leading case: Defenders of Wildlife v. U.S. Dept. of Interior, 984 F.3d 918 (10th Cir. 2020).

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Defenders of Wildlife v. U.S. Dept. of Interior, 984 F.3d 918 (10th Cir. 2020). · cites it 14× “First, we hold that NPS’s determination that 36 C.F.R. § 2.2 does not apply to Park inholdings was not contrary to law or arbitrary and capricious.”

United States v. Knauer, 707 F. Supp. 2d 379 (E.D.N.Y 2010). · cites it 27× “Hunting is specifically addressed under 36 C.F.R. § 2.2 (b), which provides: (1) Hunting shall be allowed in park areas where such activity is specifically mandated by Federal statutory law.”

Bridgeville Rifle & Pistol Club, Ltd. v. Small, 176 A.3d 632 (Del. 2017). · cites it 6× “17 36 C.F.R. § 2.2 (1938). 18 DEL. DEP’T NAT.”

Michigan United Conservation Clubs v. Lujan, 949 F.2d 202 (6th Cir. 1991). · cites it 8× “36 C.F.R. § 2.2 (b). Although the enabling acts creating Sleeping Bear and Pictured Rocks require the Secretary to permit “hunting and fishing,” the acts do not mention “trapping.”

John Sturgeon v. Sue Masica, 872 F.3d 927 (9th Cir. 2017). · cites it 2× “For example, Park Service regulations applicable nationwide prohibit hunting and snowmobiling for the most part, see 36 C.F.R. §§ 2.2 , 2.18, whereas ANILCA permits, subject to reasonable regulations, “the use STURGEON V.”

United States v. Otis Lofton, United States of Am. v. Otis Lofton, 233 F.3d 313 (4th Cir. 2000). “” 36 C.F.R. § 2.2 (b) (2000). While there are statutes mandating that a given area be open to hunting, see, e.”

Nat'l Rifle Ass'n of Am. v. Potter, 628 F. Supp. 903 (D.D.C. 1986). “36 C.F.R. § 2.2 (1985) (emphasis added). 4 II.”

United States v. Adrian Nature, 898 F.3d 1022 (9th Cir. 2018). “35 (c); see also 36 C.F.R. §§ 2.2 (wildlife protection), 2.”

United States v. Knauer, 635 F. Supp. 2d 203 (E.D.N.Y 2009). “5 (a); see also 36 C.F.R. § 2.2 (c) (“the superintendent shall consult with appropriate State agencies before invoking the authority of § 1.”

Fund for Animals v. Mainella, 294 F. Supp. 2d 46 (D.D.C. 2003). “at 12 (quoting 36 C.F.R. § 2.2 ). Moreover, defendants opine that because the NPS is the agency charged with administering the statute, its interpretation that the Enabling Act only requires regulations “when the Secretary exercises discretion to restrict hunting or authorize…”

Voyageurs Nat'l Park Ass'n Defenders of Wildlife v. Arnett, 609 F. Supp. 532 (D. Minnesota 1985). · cites it 2× “on Public Lands and National Parks of the Comm, on Interior and Insular Affairs, House of Representatives, 97th Cong.”

Alley Cat Allies Inc. v. United States Nat'l Park Serv. (D.D.C. 2026). · cites it 4× “In Plaintiffs’ view, Executive Orders 13112 and 13751, 36 C.F.R. § 2.2 (a)(2), and the NPS’s 2006 Management Policies each authorize the NPS “to use and allow management options such as TNR that include controlling, containing, and preventing further spread of exotic and…”

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