5 Crucial Wildlife Protection Laws in the United States
America’s national parks, public lands and waters are sanctuaries for some of the nation’s most iconic and imperiled wildlife.
From the soaring bald eagle to the elusive grizzly bear, from Hawaiian honeycreepers to Steller sea lions, from Shenandoah salamanders to American crocodiles, these protected lands serve as critical habitats for species that define the country’s natural heritage.
Five landmark federal laws form the legal backbone of wildlife conservation in national parks and on other public lands:
- Endangered Species Act (ESA)
- Migratory Brid Treaty Act (MBTA)
- Bald and Golden Eagle Protection Act (BGEPA)
- Marine Mammal Protection Act (MMPA)
- National Wildlife Refuge System Administration Act (NWRSAA)
Together, they not only shield vulnerable species from harm but also guide the National Park Service (NPS) in managing ecosystems under increasing pressure from climate change, development, and political shifts.
America’s Five Major Federal Wildlife Protection Laws Explained
“Nothing is more priceless and more worthy of preservation than the rich array of animal life with which our country has been blessed.”
– President Nixon, when signing the Endangered Species Act
1. The Endangered Species Act (ESA)
Enacted in 1973, the Endangered Species Act is widely regarded as the most powerful wildlife protection law in U.S. history.
Recognizing that our rich natural heritage is of “esthetic, ecological, educational, recreational, and scientific value to our Nation and its people,” it provides a legal framework for identifying, listing, and recovering species at risk of extinction, while also safeguarding the ecosystems they depend on.
The Endangered Species Act is administered by the U.S. Fish and Wildlife Service (USFWS), which oversees protections for land and freshwater species, and the National Marine Fisheries Service (NMFS), which is responsible for the protection of marine wildlife and anadromous fish, such as salmon.
All other agencies, including the National Park Service, work with those two agencies to establish and implement proper conservation and restoration practices.
The ESA prohibits the “take” of listed species—defined broadly to include harming, harassing, or killing—and mandates federal agencies to ensure their actions do not jeopardize listed species or their critical habitats.
National parks play a vital role in the ESA’s success. These protected areas offer refuge for over 600 threatened and endangered species, including the California condor, grizzly bear, Hawaiian honeycreepers, Steller sea lion, northern spotted owl, and whooping crane.
For instance, the California condor, once teetering on the brink of extinction, has seen population increases due in part to conservation efforts within national parks. Similarly, grizzly bears in the Rocky Mountains continue to benefit from protected habitats in parks like Yellowstone and Glacier.
However, the ESA has faced significant political challenges. The first and current Trump administrations have attempted to weaken its provisions, including efforts to expand oil and gas drilling, as well as opening up public lands to mining, all of which threatens to undermine species protections.
In contrast, the previous Biden administration has worked to restore and strengthen these protections, reinstating rules that had been rolled back.
Despite these efforts, delays in listing species remain a concern. For example, the Mazama newt, endemic to Oregon’s Crater Lake National Park, faces extinction due to invasive crayfish, yet formal ESA protection has been delayed, prompting legal action from conservation groups.
2. The Migratory Bird Treaty Act (MBTA)
Passed in 1918, the Migratory Bird Treaty Act was one of the earliest federal wildlife protection laws. It implements international treaties with countries like Canada and Mexico to protect migratory birds from unregulated hunting and exploitation.
The MBTA makes it unlawful to “take” migratory birds—including actions like hunting, capturing, killing, trading, selling, or transporting—without a permit. This protection extends to over 1,000 bird species, encompassing many that rely on national parks during their migratory journeys.
National parks serve as critical stopover sites and breeding grounds for migratory birds. For example, parks with exceptionally high numbers of migratory birds include Big Bend, Everglades, Indiana Dunes, and Death Valley.
However, the MBTA has faced recent legal and political challenges. The Trump administration has reinterpreted the act to apply only to intentional killings, excluding incidental harm caused by industrial activities. This shift raised concerns among conservationists about increased bird mortality.
3. The Bald and Golden Eagle Protection Act (BGEPA)
The Bald and Golden Eagle Protection Act, enacted in 1940 and amended in 1962 to include golden eagles, specifically protects these majestic birds, which hold cultural and ecological significance.
Even though both bald and golden eagles are currently thriving and have been delisted from the Endangered Species Act, they remain fully protected under the BGEPA.
This act prohibits the “taking” of bald and golden eagles, including their nests and eggs, without a permit. Taking includes such actions as “pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest, or disturb.” Violating this act is a criminal offense, punishable with a fine of up to $100,000, a year in prison, or both.
Permits are granted for specific purposes, such as scientific research, Native American religious practices, and depredation control.
National parks provide essential habitats for these eagles. For instance, eagles are commonly observed in the vast landscapes of Denali National Park, on the coasts of Olympic National Park, and at the countless lakes and waterways of Voyageurs National Park.
The BGEPA ensures that park management practices prioritize the protection of these birds, balancing conservation efforts with cultural and scientific needs.
4. The Marine Mammal Protection Act (MMPA)
Enacted in 1972, the Marine Mammal Protection Act was a pioneering law aimed at preventing the decline of marine mammal populations due to human activities. It shifted the focus from individual marine resource management to an approach based on entire ecosystems.
The MMPA prohibits the “take” of marine mammals—including whales, dolphins, seals, and sea lions—without authorization. It also establishes a framework for managing human interactions with these species, including permitting processes for activities that may incidentally harm them.
All marine mammals are protected under the MMPA, which is administered by the U.S. Fish and Wildlife Service (walrus, manatees, sea otters, and polar bears), NOAA Fisheries (dolphins, whales, porpoises, sea lions, and seals), as well as the Marine Mammal Commission.
National parks with marine environments, such as Glacier Bay in Alaska and Channel Islands in California, are vital for the conservation of marine mammals. These parks offer protected habitats for species like humpback whales and sea otters. The MMPA guides park policies on issues like vessel traffic and noise pollution to minimize disturbances to marine life.
5. National Wildlife Refuge System Administration Act
The National Wildlife Refuge System Administration Act of 1966 (NWRSAA) is a cornerstone of American wildlife conservation policy. While not focused on certain species or groups of animals, it governs how the habitats that support large numbers of wildlife are managed.
Passed by Congress and signed into law by President Lyndon B. Johnson, the Act provided a clear, unified framework for managing all areas within the National Wildlife Refuge System, regardless of how they were established. Before its passage, refuges were created under a variety of laws and executive orders, leading to inconsistent management practices.
The system of U.S. wildlife refuges was established by President Theodore Roosevelt in 1903, when he created the nation’s first wildlife refuge in Florida: the Pelican Island National Wildlife Refuge.
The Act’s primary goal was to ensure that all refuges would be managed to conserve fish, wildlife, plants, and their habitats. It authorized the Secretary of the Interior to permit certain uses—such as recreation, hunting, and grazing—only when they are compatible with the refuge’s primary purposes.
This “compatibility standard” remains a guiding principle today, ensuring that human activities do not undermine conservation efforts.
Importantly, the Act emphasized wildlife conservation as the first priority for refuge management. It also encouraged the development of comprehensive conservation plans for each refuge, considering public use alongside the needs of wildlife.
Over time, the law has been strengthened, most notably by the National Wildlife Refuge System Improvement Act of 1997, which reaffirmed the conservation mission and added new requirements for planning and public involvement.
Today, the National Wildlife Refuge System, which is managed by the U.S. Fish and Wildlife Service, spans more than 850 million acres in no fewer than 570 refuges across the nation. This vast network of public lands and waters includes wetlands, prairies, temperate forests, tundra, and coastal and marine areas.
It provides vital habitat for thousands of species, from migratory birds to endangered mammals. The system also offers millions of Americans opportunities for wildlife observation, photography, fishing, and environmental education.
The National Wildlife Refuge System Administration Act laid the foundation for a network of protected lands that balances human use with ecological integrity. It remains a testament to the nation’s commitment to preserving natural landscapes for future generations.
Interconnected Protections: A Unified Approach to Conservation
While each of these four wildlife protection laws targets specific groups of wildlife, their collective implementation creates a comprehensive conservation strategy within national parks.
The ESA, MBTA, BGEPA, and MMPA work in tandem to protect diverse species and their habitats, ensuring that national parks and public lands remain refuges for wildlife, in theory in perpetuity.
For example, a coastal national park may simultaneously protect nesting seabirds under the MBTA, marine mammals under the MMPA, and endangered plant species under the ESA. This multifaceted protection ensures that conservation efforts are holistic, considering the interdependence of species and ecosystems.
Combined with the sprawling National Wildlife Refuge System, this integrated approach allows for more effective management of ecosystems, addressing the complex challenges of biodiversity conservation.
Challenges and the Path Forward
Despite the robust legal framework, wildlife conservation in national parks faces ongoing challenges. Political shifts can lead to changes in enforcement and interpretation of these laws, as seen with recent administrative actions affecting the ESA and MBTA.
Additionally, ongoing threats like climate change, habitat loss, and invasive species further complicate conservation efforts.
To address these challenges, continued public support and advocacy are essential. Engaging in citizen science, supporting conservation organizations, and staying informed about policy changes can contribute to the protection of wildlife. Moreover, fostering collaboration between federal agencies, local communities, and indigenous groups can enhance conservation outcomes.
America’s national parks are more than scenic landscapes; they are critical habitats for a multitude of species. The Endangered Species Act, Migratory Bird Treaty Act, Bald and Golden Eagle Protection Act, and Marine Mammal Protection Act collectively form a robust legal foundation for wildlife conservation in the United States.
By understanding and supporting these crucial wildlife protection laws, we can ensure that national parks and other public lands continue to serve as sanctuaries for wildlife, preserving the nation’s natural heritage for future generations.
