U.S. Fish and Wildlife Service (FWS)

• DATE: Established 1940

The US Fish and Wildlife Service, a part of the US Department of the Interior, is the primary federal agency charged with protecting the nation’s fish, wildlife, and associated habitats.

Background

The US Fish and Wildlife Service (FWS) grew out of two agencies: the Bureau of Fisheries (1871) in the Department of Commerce and the Bureau of Biological Survey (1885) in the Department of Agriculture. Each held specific duties designed to protect the country’s fishing, game hunting, and other natural resources. Under Presidential Reorganization Plan 111, Franklin D. Roosevelt consolidated the agencies and created the FWS in 1940.

Impact on Resource Use

Under the Fish and Wildlife Act of 1956, the Fish and Wildlife Service was given legislative status and divided into two divisions: the Bureau of Commercial Fisheries and the Bureau of Sport Fisheries and Wildlife. The latter eventually took over the agency when the commercial division moved into the Department of Commerce in 1970. The FWS is a bureau of the Department of the Interior. It seeks to enforce legislation pertaining to wildlife and to protect associated natural resources. A director, under the umbrella of the secretary of the interior, is in charge of the nearly nine thousand employees of the FWS.

To fulfill its duties, the FWS developed a three-pronged approach: conservation, research, and enforcement. Conservation relates to the 38 million hectares in more than seven hundred areas of the National Wildlife Refuge System that fall under FWS jurisdiction. In addition, the FWS maintains the National Fish Hatcheries System and provides support to state and local agencies seeking federal funding or intervention. Its research activities involve a national network of field agents and biologists who work to protect wildlife and its surroundings. FWS policy maintains that the protection of habitat through and research is essential to the survival of animals. Its mission includes particular attention to endangered species.

The agency’s approach to enforcement has evolved through the years. In addition to its central administrative office, it has eight regional offices and almost seven hundred field offices. Through its regional offices and hundreds of field stations, the FWS has increased the numbers of animal species under its care. From regulating migratory bird hunting and issuing duck-hunting licenses to setting limits on fish catches and enforcing the protection of threatened wildlife, the FWS has greatly expanded its role over its history. Eventually “wildlife” came to represent a traditional definition of animal life as well as fresh and anadromous fish, certain marine mammals, and identified endangered species. In the late twentieth century, as national policy extended to include a more conservational and environmental approach, the FWS responded with improved regulation of wetlands and the wildlife refuge system. Legislative support brought increased research into the water, air, and plant life of wildlife habitats. In addition to preservation, one of the most important tasks of the FWS is education in wildlife and conservation, particularly geared to the youth of the United States. The FWS features numerous programs addressing issues of wildlife. The FWS has a law enforcement division aiming to stop crimes against wildlife and those committed on its lands. The FWS also has the world’s only forensics laboratory devoted to solving and preventing crimes against wildlife.

The 38-million-hectare National Wildlife Refuge System is the only collection of federal lands managed exclusively for the benefit of wildlife. This beautiful includes diverse water, land, and forest habitats. About 750,000 hectares of wetlands, essential to the health and welfare of wildlife and humans, are included in this total. More than thirty-nine million tourists visit the National Wildlife Refuge System annually. Despite the importance of this system, the FWS managed these habitats for decades without an organic law. “Organic law” means a fundamental constitution or law that outlines the basic principles of government. Without an organic law, the FWS oversaw the National Wildlife Refuge System by means of piecemeal legislation and regulation. Congress passed numerous important pieces of legislation affecting FWS throughout the second half of the twentieth century. For example, the Federal Aid in Sport Fish Restoration Act (Dingell-Johnson Act), enacted in 1950, established a program to improve the fishery resources of the nation. The National Wildlife Refuge System Administration Act, enacted in 1966, served to protect the refuge areas from damaging uses. The Endangered Species Act, enacted in 1973, entrusted FWS with responsibility over many endangered species. The Alaska National Interest Lands Conservation Act, enacted in 1980, greatly expanded the National Wildlife Refuge System, adding more than 21 million hectares of land.

A watershed moment for the FWS came in 1997 with the passage of perhaps the most important legislation in its history. The National Wildlife Refuge System Improvement Act of 1997 was a major legislative scheme affecting federal use and oversight of wildlife lands. Congress passed the act as Public Law 105-57. President Bill Clinton signed the act on October 9, 1997. The National Wildlife Refuge System Improvement Act provided the organic law for the FWS. In other words, all the actions of the FWS should follow from this act. It represents a comprehensive set of legislation that mandates the responsibilities and actions of the FWS as it relates to the National Wildlife Refuge System. The act is divided into ten parts, covering such topics as hunting, trapping, and fishing; concerns relating to live wildlife and fish; the sale, purchase, and transport of wild animals; and licensing, enforcement, penalties, and regulations. Perhaps most important, the act gave a strong mission statement to guide the Department of the Interior and the FWS. This mission statement emphasizes the mandate to protect wildlife and maintain the diversity, health, and outstanding qualities of the habitats. The act required a new process to determine which recreational activities are appropriate in the refuges. The act also recognized that traditional activities such as fishing, hunting, and wildlife observation are appropriate public uses of the National Wildlife Refuge System, as long as they do not harm the environment. Finally, the National Wildlife Refuge System Improvement Act required the FWS to devise a comprehensive plan to conserve all the refuges under its management.

The FWS received $280 million under the American Recovery and Reinvestment Act of 2009 to complete projects that enhance wildlife habitats while providing jobs and stimulating the economy. This measure harked back to the days of the Civilian Conservation Corps (CCC). The CCC (1933-1942) was created as a project of the New Deal, both to provide jobs in a time of economic crisis and to develop and conserve natural resources in the United States. In late 2009, the FWS released a strategic plan to help the wildlife and habitats under its management to survive the impact of global change.

In its efforts to conserve, research, and protect through enforcement, the FWS often faces opposition from business interests and conservation groups. The logging industry, for example, has criticized certain protective measures, claiming that they place more importance on animals than humans. Conservation groups, on the other hand, have criticized the FWS for allowing controlled predatory animal reductions on federal refuge land. In all such instances, the FWS finds itself faced with balancing national policy with wildlife interests.

The FWS provides a vital link between the US government, US citizens, and the natural world. The FWS prides itself on managing the largest and most impressive wildlife habitat in the world. Through its protective as well as investigative functions, the FWS works to maintain a strong level of in the United States.

Bibliography

Bean, Michael. The Evolution of National Wildlife Law. 3d ed. Westport, Conn.: Praeger, 1997.

Fischman, Robert. The National Wildlife Refuges: Coordinating A Conservation System Through Law. Washington, D.C.: Island Press, 2003.

Freyfogle, Eric, and Dale Goble. Wildlife Law: A Primer. Washington, D.C.: Island Press, 2009.

"Streamlining US Fish and Wildlife Service Permitting of Rights-of-Way Across National Wildlife Refuges and Other US Fish and Wildlife Service-Administered Lands." Federal Register, 24 July 2023, www.federalregister.gov/documents/2023/07/24/2023-15453/streamlining-us-fish-and-wildlife-service-permitting-of-rights-of-way-across-national-wildlife. Accessed 6 Jan. 2025.