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50 CFR § 38.10 - Trespass.

---
identifier: "/us/cfr/t50/s38.10"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "50 CFR § 38.10 - Trespass."
title_number: 50
title_name: "Wildlife and Fisheries"
section_number: "38.10"
section_name: "Trespass."
chapter_name: "UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR"
subchapter_number: "C"
subchapter_name: "THE NATIONAL WILDLIFE REFUGE SYSTEM"
part_number: "38"
part_name: "MIDWAY ATOLL NATIONAL WILDLIFE REFUGE"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301; 16 U.S.C. 460k  664, 668dd, 742(f), 3901  48 U.S.C. 644a; sec. 48, Pub. L. 86-624, 74 Stat 424; E.O. 13022, 61 FR 56875, 3 CFR, 1996 Comp., p. 224."
regulatory_source: "63 FR 11626, Mar. 10, 1998, unless otherwise noted."
cfr_part: "38"
---

# 38.10 Trespass.

No person on Midway Atoll National Wildlife Refuge will:

(a) Loiter, prowl, or wander upon or near the assigned living quarters and adjacent property of another without lawful purpose, or, while being upon or near the assigned living quarters and adjacent property of another, peek in any door or window of an inhabited building or structure located thereon without lawful purpose;

(b) Enter upon any assigned residential quarters or areas immediately adjacent thereto, without permission of the assigned occupant;

(c) Enter or remain in, without lawful purpose, any office building, warehouse, plant, theater, club, school, or other building after normal operating hours for that building; or

(d) Enter or remain in any area or building designated and posted as “restricted” unless authorized by proper authority to be there.