50 CFR § 38.4 - Authorized functions, powers, and duties.

---
identifier: "/us/cfr/t50/s38.4"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "50 CFR § 38.4 - Authorized functions, powers, and duties."
title_number: 50
title_name: "Wildlife and Fisheries"
section_number: "38.4"
section_name: "Authorized functions, powers, and duties."
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"
---


# 38.4 Authorized functions, powers, and duties.

The executive authority of the Regional Director concerning the Midway Islands includes:

(a) Issuance of citations for violations of this part and 50 CFR parts 25-32;

(b) Abatement of any public nuisance upon the failure of the person concerned to comply with a removal notice;

(c) Seizure of evidence;

(d) Investigation of accidents and offenses;

(e) Custody and disposal of lost or abandoned property;

(f) Regulation of aircraft and boat traffic and safety;

(g) Imposition of quarantines;

(h) Evacuation of hazardous areas;

(i) Lawful restraint, detention, confinement, and care of persons prior to their prompt transfer to the custody of the United States District Court for the District of Hawaii;

(j) Lawful removal of person from the Midway Atoll National Wildlife Refuge for cause;

(k) Regulation of vehicle traffic and safety;

(l) Performance of other lawful acts necessary for protecting the health and safety of persons and property on Midway Atoll National Wildlife Refuge; and

(m) Issuance of lawful notices and orders necessary to the exercise of executive authority under this section.