C.F.R. » Title 50 » CHAPTER I—UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR › SUBCHAPTER C—THE NATIONAL WILDLIFE REFUGE SYSTEM › PART 26—PUBLIC ENTRY AND USE › Subpart B—Public Entry

50 C.F.R. § 26.21

General trespass provision

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(a) No person shall trespass, including but not limited to entering, occupying, using, or being upon, any national wildlife refuge, except as specifically authorized in this subchapter C or in other applicable Federal regulations.

(b) No unconfined domestic animals, including but not limited to dogs, hogs, cats, horses, sheep and cattle, shall be permitted to enter upon any national wildlife refuge or to roam at large upon such an area, except as specifically authorized under the provisions of § 26.34, § 27.91 or § 29.2 of this subchapter C.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1997–2023 · leading case: United States v. Duane Ehmer, 87 F.4th 1073 (9th Cir. 2023).
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United States v. Duane Ehmer, 87 F.4th 1073 (9th Cir. 2023). · cites it 4× “All seven defendants were charged with trespassing in violation of 50 C.F.R. § 26.21 (a) (count one); Appellants were each charged with one or more counts of tampering with vehicles and equipment in violation of 50 C.”
Burlison v. United States, 533 F.3d 419 (6th Cir. 2008). “50 C.F.R. § 26.21 . “A permit shall be required for any person entering a national wildlife refuge, unless otherwise provided under the provisions of subchapter C.”
United States v. Kenner, 238 F. Supp. 3d 1157 (D. Neb. 2017). · cites it 3× “The regulations issued pursuant to the Act that Defendant is charged with violating provide as follows: • 50 C.F.R. § 26.21 (COUNT 1): Except as specifically authorized: “No person shall trespass, including but not limited to entering, occupying, using, or being upon, any…”
McGrail & Rowley v. Babbitt, 986 F. Supp. 1386 (S.D. Fla. 1997). · cites it 3× “§ 668dd and 50 C.F.R. § 26.21 (General trespass provision) for entering a closed refuge area.”
Ambros-Marcial v. United States, 377 F. Supp. 2d 767 (D. Ariz. 2005). “” 50 C.F.R. § 26.21 (a). The Wilderness Act states that wilderness areas shall be protected and preserved in “their wilderness character.”
United States v. Sanderlin, 491 F. Supp. 2d 542 (E.D.N.C. 2007). “§ 406 (k) and 50 C.F.R. § 26.21 (a). After entering a plea of not guilty, a bench trial commenced on January 8, 2007.”
Burlison v. United States (6th Cir. 2008). “50 C.F.R. § 26.21 . “A permit shall be required for any person entering a national wildlife refuge, unless otherwise provided under the provisions of subchapter C.”
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