U.S. Code » Title 16 » Chapter CHAPTER 5A— PROTECTION AND CONSERVATION OF WILDLIFE › Subchapter SUBCHAPTER III— ENDANGERED SPECIES OF FISH AND WILDLIFE

16 U.S.C. § 668ee

Definitions

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For purposes of this Act:(1) The term “compatible use” means a wildlife-dependent recreational use or any other use of a refuge that, in the sound professional judgment of the Director, will not materially interfere with or detract from the fulfillment of the mission of the System or the purposes of the refuge.(2) The terms “wildlife-dependent recreation” and “wildlife-dependent recreational use” mean a use of a refuge involving hunting, fishing, wildlife observation and photography, or environmental education and interpretation.(3) The term “sound professional judgment” means a finding, determination, or decision that is consistent with principles of sound fish and wildlife management and administration, available science and resources, and adherence to the requirements of this Act and other applicable laws.(4) The terms “conserving”, “conservation”, “manage”, “managing”, and “management”, mean to sustain and, where appropriate, restore and enhance, healthy populations of fish, wildlife, and plants utilizing, in accordance with applicable Federal and State laws, methods and procedures associated with modern scientific resource programs. Such methods and procedures include, consistent with the provisions of this Act, protection, research, census, law enforcement, habitat management, propagation, live trapping and transplantation, and regulated taking.(5) The term “Coordination Area” means a wildlife management area that is made available to a State—(A) by cooperative agreement between the United States Fish and Wildlife Service and a State agency having control over wildlife resources pursuant to section 664 of this title; or(B) by long-term leases or agreements pursuant to title III of the Bankhead-Jones Farm Tenant Act (50 Stat. 525; 7 U.S.C. 1010 et seq.).(6) The term “Director” means the Director of the United States Fish and Wildlife Service or a designee of that Director.(7) The terms “fish”, “wildlife”, and “fish and wildlife” mean any wild member of the animal kingdom whether alive or dead, and regardless of whether the member was bred, hatched, or born in captivity, including a part, product, egg, or offspring of the member.(8) The term “person” means any individual, partnership, corporation, or association.(9) The term “plant” means any member of the plant kingdom in a wild, unconfined state, including any plant community, seed, root, or other part of a plant.(10) The terms “purposes of the refuge” and “purposes of each refuge” mean the purposes specified in or derived from the law, proclamation, executive order, agreement, public land order, donation document, or administrative memorandum establishing, authorizing, or expanding a refuge, refuge unit, or refuge subunit.(11) The term “refuge” means a designated area of land, water, or an interest in land or water within the System, but does not include Coordination Areas.(12) The term “Secretary” means the Secretary of the Interior.(13) The terms “State” and “United States” mean the several States of the United States, Puerto Rico, American Samoa, the Virgin Islands, Guam, and the territories and possessions of the United States.(14) The term “System” means the National Wildlife Refuge System designated under section 668dd(a)(1) of this title.(15) The terms “take”, “taking”, and “taken” mean to pursue, hunt, shoot, capture, collect, or kill, or to attempt to pursue, hunt, shoot, capture, collect, or kill.(Pub. L. 89–669, § 5, Oct. 15, 1966, 80 Stat. 929; Pub. L. 105–57, § 3(a), Oct. 9, 1997, 111 Stat. 1253.)Editorial NotesReferences in Text

This Act, referred to in text, means Pub. L. 89–669, Oct. 15, 1966, 80 Stat. 927, which enacted sections 668aa to 668ee, amended sections 460k, 696, 696b, 715c, 715i to 715k, 718d, and repealed sections 715d–1, 715d–2, 715l, 715m of this title. For complete classification of this Act to the Code, see Tables.

The Bankhead-Jones Farm Tenant Act, referred to in par. (5)(B), is act July 22, 1937, ch. 517, 50 Stat. 522. Title III of the Act is classified generally to subchapter III (§ 1010 et seq.) of chapter 33 of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 1000 of Title 7 and Tables.

Amendments

1997—Pub. L. 105–57 inserted section catchline and amended text generally. Prior to amendment, text read as follows:

“(a) The term ‘person’ as used in this Act means any individual, 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 pursue, 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.”

Notes of Decisions
Cited in 15 cases (6 in the last 5 years), 1987–2024 · leading case: State of Wyoming v. United States, 279 F.3d 1214 (10th Cir. 2002).
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State of Wyoming v. United States, 279 F.3d 1214 (10th Cir. 2002). “” 16 U.S.C. § 668ee(l). The NWRSIA defines the phrase “sound professional judgment” as “a finding, determination, or decision that is consistent with principles of sound fish and wildlife management and administration, available science and resources, and adherence to the…”
The Wilderness Soc'y & the Alaska Ctr. for the Env't v. United States Fish & Wildlife Serv., an Agency of the United States, 316 F.3d 913 (9th Cir. 2003). · cites it 2× “The Service interpreted the many inconsistent purposes and permissibly concluded that the Project is “compatible with the major purposes” for which this Alaskan wilderness area was established. That is, in the “sound professional judgment” of the Service, the Project does “not…”
Audubon Soc'y of Portland v. Deb Haaland, 40 F.4th 967 (9th Cir. 2022). “” See 16 U.S.C. § 668ee(1). FWS thus did not violate the Refuge Act in authorizing continued grazing on Clear Lake Refuge.”
United States v. Kent Melvin Vesterso, Warren August Anderson, Davis Leas, 828 F.2d 1234 (8th Cir. 1987). · cites it 2× “” 16 U.S.C. § 668ee(a). “State” is separately defined as one of the “several States of the United States.”
Driftless Area Land Conservancy v. Rural Utils. Serv., 74 F.4th 489 (7th Cir. 2023). “§668dd(b)(3) may differ from the compatibil- ity analysis for a right-of-way permit under 16 U.S.C. §668ee(1), if only because a land exchange entails an increase in the Refuge’s extent, which must be offset against a loss else- where.”
Town of Superior v. United States Fish & Wildlife Serv., 913 F. Supp. 2d 1087 (D. Colo. 2012). “” 16 U.S.C. § 668ee(l). The statute lists hunting, fishing, public recreation, public access, accommodation, and easements for utilities or transportation as examples of compatible uses.”
Stevens Cnty. v. U.S. Dep't of Interior, 507 F. Supp. 2d 1127 (E.D. Wash. 2007). “Plaintiffs argue that the statutory definition of sound professional judgment, “a finding, determination, or decision that is consistent with principles of sound fish and wildlife management and administration, available science and resources, and adherence to the requirements…”
Delaware Audubon Soc'y v. Salazar, 829 F. Supp. 2d 273 (D. Del. 2011). “at 39; see also 16 U.S.C. § 668ee(l) (requiring the use of “sound professional judgment” in assessing the compatibility of a particular use with refuge purposes and the mission of the System).”
Niobrara River Ranch, L.L.C. v. Huber, 277 F. Supp. 2d 1020 (D. Neb. 2003). · cites it 2× “” 16 U.S.C. § 668ee(3). The terms “wildlife-dependent recreation” and “wildlife dependent recreational use” are defined to mean a “use of a refuge involving hunting, fishing, wildlife observa *1035 tion and photography, or environmental interpretation.”
Nat'l Wildlife Refuge Ass'n v. Am. Transmission Co. LLC (7th Cir. 2023). “§668dd(b)(3) may differ from the compatibil- ity analysis for a right-of-way permit under 16 U.S.C. §668ee(1), if only because a land exchange entails an increase in the Refuge’s extent, which must be offset against a loss else- where.”
Driftless Area Land Conservancy v. Rural Utils. Serv. (7th Cir. 2023). “§668dd(b)(3) may differ from the compatibil- ity analysis for a right-of-way permit under 16 U.S.C. §668ee(1), if only because a land exchange entails an increase in the Refuge’s extent, which must be offset against a loss else- where.”
State of Alaska v. Haaland (D. Alaska 2020). “30 16 U.S.C. § 668ee(1). Case No. 3:17-cv-00013-SLG (consol.”
Show all 15 citing cases →
— 16 U.S.C. § 668ee(1) — 7 cases
Audubon Soc'y of Portland v. Deb Haaland, 40 F.4th 967 (9th Cir. 2022). “” See 16 U.S.C. § 668ee(1). FWS thus did not violate the Refuge Act in authorizing continued grazing on Clear Lake Refuge.”
Driftless Area Land Conservancy v. Rural Utils. Serv., 74 F.4th 489 (7th Cir. 2023). “§668dd(b)(3) may differ from the compatibil- ity analysis for a right-of-way permit under 16 U.S.C. §668ee(1), if only because a land exchange entails an increase in the Refuge’s extent, which must be offset against a loss else- where.”
Nat'l Wildlife Refuge Ass'n v. Am. Transmission Co. LLC (7th Cir. 2023). “§668dd(b)(3) may differ from the compatibil- ity analysis for a right-of-way permit under 16 U.S.C. §668ee(1), if only because a land exchange entails an increase in the Refuge’s extent, which must be offset against a loss else- where.”
Driftless Area Land Conservancy v. Rural Utils. Serv. (7th Cir. 2023). “§668dd(b)(3) may differ from the compatibil- ity analysis for a right-of-way permit under 16 U.S.C. §668ee(1), if only because a land exchange entails an increase in the Refuge’s extent, which must be offset against a loss else- where.”
State of Alaska v. Haaland (D. Alaska 2020). “30 16 U.S.C. § 668ee(1). Case No. 3:17-cv-00013-SLG (consol.”
— 16 U.S.C. § 668ee(3) — 2 cases
Stevens Cnty. v. U.S. Dep't of Interior, 507 F. Supp. 2d 1127 (E.D. Wash. 2007). “Plaintiffs argue that the statutory definition of sound professional judgment, “a finding, determination, or decision that is consistent with principles of sound fish and wildlife management and administration, available science and resources, and adherence to the requirements…”
Niobrara River Ranch, L.L.C. v. Huber, 277 F. Supp. 2d 1020 (D. Neb. 2003). “” 16 U.S.C. § 668ee(3). The terms “wildlife-dependent recreation” and “wildlife dependent recreational use” are defined to mean a “use of a refuge involving hunting, fishing, wildlife observa *1035 tion and photography, or environmental interpretation.”
— 16 U.S.C. § 668ee(a) — 1 case
United States v. Kent Melvin Vesterso, Warren August Anderson, Davis Leas, 828 F.2d 1234 (8th Cir. 1987). “” 16 U.S.C. § 668ee(a). “State” is separately defined as one of the “several States of the United States.”
— 16 U.S.C. § 668ee(c) — 1 case
United States v. Kent Melvin Vesterso, Warren August Anderson, Davis Leas, 828 F.2d 1234 (8th Cir. 1987). “” 16 U.S.C. § 668ee(a). “State” is separately defined as one of the “several States of the United States.”
— 16 U.S.C. § 668ee(l) — 5 cases
State of Wyoming v. United States, 279 F.3d 1214 (10th Cir. 2002). “” 16 U.S.C. § 668ee(l). The NWRSIA defines the phrase “sound professional judgment” as “a finding, determination, or decision that is consistent with principles of sound fish and wildlife management and administration, available science and resources, and adherence to the…”
The Wilderness Soc'y & the Alaska Ctr. for the Env't v. United States Fish & Wildlife Serv., an Agency of the United States, 316 F.3d 913 (9th Cir. 2003). “The Service interpreted the many inconsistent purposes and permissibly concluded that the Project is “compatible with the major purposes” for which this Alaskan wilderness area was established. That is, in the “sound professional judgment” of the Service, the Project does “not…”
Town of Superior v. United States Fish & Wildlife Serv., 913 F. Supp. 2d 1087 (D. Colo. 2012). “” 16 U.S.C. § 668ee(l). The statute lists hunting, fishing, public recreation, public access, accommodation, and easements for utilities or transportation as examples of compatible uses.”
Delaware Audubon Soc'y v. Salazar, 829 F. Supp. 2d 273 (D. Del. 2011). “at 39; see also 16 U.S.C. § 668ee(l) (requiring the use of “sound professional judgment” in assessing the compatibility of a particular use with refuge purposes and the mission of the System).”
Niobrara River Ranch, L.L.C. v. Huber, 277 F. Supp. 2d 1020 (D. Neb. 2003). “” 16 U.S.C. § 668ee(3). The terms “wildlife-dependent recreation” and “wildlife dependent recreational use” are defined to mean a “use of a refuge involving hunting, fishing, wildlife observa *1035 tion and photography, or environmental interpretation.”
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