[Title 36 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2023 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
Title 36
Parks, Forests, and Public Property
________________________
Parts 1 to 199
Revised as of July 1, 2023
Containing a codification of documents of general
applicability and future effect
As of July 1, 2023
Published by the Office of the Federal Register
National Archives and Records Administration as a
Special Edition of the Federal Register
[[Page ii]]
U.S. GOVERNMENT OFFICIAL EDITION NOTICE
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[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 36:
Chapter I--National Park Service, Department of the
Interior 3
Finding Aids:
Table of CFR Titles and Chapters........................ 507
Alphabetical List of Agencies Appearing in the CFR...... 527
List of CFR Sections Affected........................... 537
[[Page iv]]
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 36 CFR 1.1 refers to
title 36, part 1, section
1.
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[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie
evidence of the text of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
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To determine whether a Code volume has been amended since its
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EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
Register since the last revision of that volume of the Code. Source
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OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
amendments to existing regulations in the CFR. These OMB numbers are
placed as close as possible to the applicable recordkeeping or reporting
requirements.
PAST PROVISIONS OF THE CODE
Provisions of the Code that are no longer in force and effect as of
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Code users may find the text of provisions in effect on any given date
in the past by using the appropriate List of CFR Sections Affected
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Affected'' is published at the end of each CFR volume. For changes to
the Code prior to the LSA listings at the end of the volume, consult
previous annual editions of the LSA. For changes to the Code prior to
2001, consult the List of CFR Sections Affected compilations, published
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.
``[RESERVED]'' TERMINOLOGY
The term ``[Reserved]'' is used as a place holder within the Code of
Federal Regulations. An agency may add regulatory information at a
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used
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not dropped in error.
INCORPORATION BY REFERENCE
What is incorporation by reference? Incorporation by reference was
established by statute and allows Federal agencies to meet the
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to materials already published elsewhere. For an incorporation to be
valid, the Director of the Federal Register must approve it. The legal
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if it were published in full in the Federal Register (5 U.S.C. 552(a)).
This material, like any other properly issued regulation, has the force
of law.
What is a proper incorporation by reference? The Director of the
Federal Register will approve an incorporation by reference only when
the requirements of 1 CFR part 51 are met. Some of the elements on which
approval is based are:
(a) The incorporation will substantially reduce the volume of
material published in the Federal Register.
(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
process.
(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.
What if the material incorporated by reference cannot be found? If
you have any problem locating or obtaining a copy of material listed as
an approved incorporation by reference, please contact the agency that
issued the regulation containing that incorporation. If, after
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CFR INDEXES AND TABULAR GUIDES
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alphabetical list of agencies publishing in the CFR are also included in
this volume.
An index to the text of ``Title 3--The President'' is carried within
that volume.
[[Page vii]]
The Federal Register Index is issued monthly in cumulative form.
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the daily Federal Register.
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the revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
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INQUIRIES
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available at www.ecfr.gov.
Oliver A. Potts,
Director,
Office of the Federal Register
July 1, 2023
[[Page ix]]
THIS TITLE
Title 36--Parks, Forests, and Public Property is composed of three
volumes. The parts in these volumes are arranged in the following order:
Parts 1--199, parts 200--299, and part 300 to end. The contents of these
volumes represent all current regulations codified under this title of
the CFR as of July 1, 2023.
For this volume, Christine Aurigema was Chief Editor. The Code of
Federal Regulations publication program is under the direction of John
Hyrum Martinez, assisted by Stephen J. Frattini.
[[Page 1]]
TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
(This book contains parts 1 to 199)
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Part
chapter i--National Park Service, Department of the Interior 1
[[Page 3]]
CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
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Editorial Note: Nomenclature changes to chapter I appear at 60 FR
55790, Nov. 3, 1995; 61 FR 28505, June 5, 1996; and at 62 FR 30234, June
3, 1997.
Part Page
1 General provisions.......................... 5
2 Resource protection, public use and
recreation.............................. 17
3 Boating and water use activities............ 37
4 Vehicles and traffic safety................. 42
5 Commercial and private operations........... 47
6 Solid waste disposal sites in units of the
National Park System.................... 52
7 Special regulations, areas of the National
Park System............................. 59
8 Labor standards applicable to employees of
National Park Service concessioners..... 190
9 Minerals management......................... 191
10 Disposal of certain wild animals............ 226
11 Arrowhead and Parkscape Symbols............. 227
12 National cemeteries......................... 228
13 National Park System units in Alaska........ 232
14 Rights-of-way............................... 282
17 Conveyance of freehold and leasehold
interests on lands of the National Park
System.................................. 299
18 Leasing of properties in park areas......... 301
20 Isle Royale National Park; commercial
fishing................................. 308
21 Hot Springs National Park; bathhouse
regulations............................. 309
25 National military parks; licensed guide
service regulations..................... 310
27 Cape Cod National Seashore; zoning standards 312
28 Fire Island National Seashore: Zoning
standards............................... 314
30 Whiskeytown-Shasta-Trinity National
Recreation Area: Zoning standards for
Whiskeytown unit........................ 323
34 El Portal Administrative Site regulations... 327
51 Concession contracts........................ 329
59 Land and Water Conservation Fund program of
assistance to States; post-completion
compliance responsibilities............. 359
[[Page 4]]
60 National Register of Historic Places........ 363
61 Procedures for State, tribal, and local
government historic preservation
programs................................ 378
62 National Natural Landmarks Program.......... 385
63 Determinations of eligibility for inclusion
in the National Register of Historic
Places.................................. 395
64 Grants and allocations for recreation and
conservation use of abandoned railroad
rights-of-way........................... 398
65 National Historic Landmarks Program......... 405
67 Historic preservation certifications under
the Internal Revenue Code............... 415
68 The Secretary of the Interior's standards
for the treatment of historic properties 432
71 Recreation fees............................. 434
72 Urban Park and Recreation Recovery Act of
1978.................................... 444
73 World Heritage Convention................... 471
74-77
[Reserved]
78 Waiver of Federal agency responsibilities
under section 110 of the National
Historic Preservation Act............... 478
79 Curation of federally owned or administered
archeological collections............... 480
80-199
[Reserved]
[[Page 5]]
PART 1_GENERAL PROVISIONS--Table of Contents
Sec.
1.1 Purpose.
1.2 Applicability and scope.
1.3 Penalties.
1.4 What terms do I need to know?
1.5 Closures and public use limits.
1.6 Permits.
1.7 Public notice.
1.8 Information collection.
1.10 Symbolic signs.
Authority: 54 U.S.C. 100101, 100751, 320102.
Source: 48 FR 30275, June 30, 1983, unless otherwise noted.
Sec. 1.1 Purpose.
(a) The regulations in this chapter provide for the proper use,
management, government, and protection of persons, property, and natural
and cultural resources within areas under the jurisdiction of the
National Park Service.
(b) These regulations will be utilized to fulfill the statutory
purposes of units of the National Park System: to conserve scenery,
natural and historic objects, and wildlife, and to provide for the
enjoyment of those resources in a manner that will leave them unimpaired
for the enjoyment of future generations.
Sec. 1.2 Applicability and scope.
(a) The regulations contained in this chapter apply to all persons
entering, using, visiting, or otherwise within:
(1) The boundaries of federally owned lands and waters administered
by the National Park Service;
(2) The boundaries of lands and waters administered by the National
Park Service for public-use purposes pursuant to the terms of a written
instrument;
(3) Waters subject to the jurisdiction of the United States located
within the boundaries of the National Park System, including navigable
waters and areas within their ordinary reach (up to the mean high water
line in places subject to the ebb and flow of the tide and up to the
ordinary high water mark in other places) and, except in Alaska, without
regard to the ownership of submerged lands, tidelands, or lowlands;
(4) Lands and waters in the environs of the District of Columbia,
policed with the approval or concurrence of the head of the agency
having jurisdiction or control over such reservations, pursuant to the
provisions of the Act of March 17, 1948 (62 Stat. 81);
(5) Other lands and waters over which the United States holds a
less-than-fee interest, to the extent necessary to fulfill the purpose
of the National Park Service administered interest and compatible with
the nonfederal interest.
(b) The regulations contained in parts 1 through 5, part 7, and part
13 of this chapter do not apply on non-federally owned lands and waters
or on Indian tribal trust lands located within National Park System
boundaries, except as provided in paragraph (a) or in regulations
specifically written to be applicable on such lands and waters.
(c) The regulations contained in part 7 and part 13 of this chapter
are special regulations prescribed for specific park areas. Those
regulations may amend, modify, relax or make more stringent the
regulations contained in parts 1 through 5 and part 12 of this chapter.
(d) The regulations contained in parts 2 through 5, part 7, and part
13 of this section shall not be construed to prohibit administrative
activities conducted by the National Park Service, or its agents, in
accordance with approved general management and resource management
plans, or in emergency operations involving threats to life, property,
or park resources.
(e) The regulations in this chapter are intended to treat a
mobility-impaired person using a manual or motorized wheelchair as a
pedestrian, and are not intended to restrict the activities of such a
person beyond the degree that the activities of a pedestrian are
restricted by the same regulations.
(f) In Alaska, unless otherwise provided, only the public lands
(federally owned lands) within Park area boundaries are deemed a part of
that Park area, and non-public lands (including state, Native, and other
non-federally owned lands, including submerged lands and the waters
flowing over
[[Page 6]]
them) shall not be regulated as part of the National Park System.
[51 FR 37010, Oct. 17, 1986, as amended at 52 FR 10683, Apr. 2, 1987; 52
FR 35239, Sept. 18, 1987; 61 FR 35136, July 5, 1996; 85 FR 72961, Nov.
16, 2020]
Sec. 1.3 Penalties.
(a) A person convicted of violating a provision of the regulations
contained in parts 1 through 7, part 9 subpart B, and parts 12 and 13 of
this chapter shall be subject to the criminal penalties provided under
18 U.S.C. 1865.
(b) [Reserved]
[83 FR 26595, June 8, 2018]
Sec. 1.4 What terms do I need to know?
(a) The following definitions shall apply to this chapter, unless
modified by the definitions for a specific part or regulation:
Abandonment means the voluntary relinquishment of property with no
intent to retain possession.
Administrative activities means those activities conducted under the
authority of the National Park Service for the purpose of safeguarding
persons or property, implementing management plans and policies
developed in accordance and consistent with the regulations in this
chapter, or repairing or maintaining government facilities.
Airboat means a vessel that is supported by the buoyancy of its hull
and powered by a propeller or fan above the waterline. This definition
should not be construed to mean a ``hovercraft,'' that is supported by a
fan-generated air cushion.
Aircraft means a device that is used or intended to be used for
human flight in the air, including powerless flight.
Archeological resource means material remains of past human life or
activities that are of archeological interest and are at least 50 years
of age. This term includes, but shall not be limited to, objects made or
used by humans, such as pottery, basketry, bottles, weapons, weapon
projectiles, tools, structures or portions of structures, pit houses,
rock paintings, rock carvings, intaglios, or any portion or piece of the
foregoing items, and the physical site, location or context in which
they are found, or human skeletal materials or graves.
Authorized emergency vehicle means a vehicle in official use for
emergency purposes by a Federal agency or an emergency vehicle as
defined by State law.
Authorized person means an employee or agent of the National Park
Service with delegated authority to enforce the provisions of this
chapter.
Bicycle means every device propelled solely by human power upon
which a person or persons may ride on land, having one, two, or more
wheels, except a manual wheelchair.
Boundary means the limits of lands or waters administered by the
National Park Service as specified by Congress, or denoted by
presidential proclamation, or recorded in the records of a state or
political subdivision in accordance with applicable law, or published
pursuant to law, or otherwise published or posted by the National Park
Service.
Camping means the erecting of a tent or shelter of natural or
synthetic material, preparing a sleeping bag or other bedding material
for use, parking of a motor vehicle, motor home or trailer, or mooring
of a vessel for the apparent purpose of overnight occupancy.
Carry means to wear, bear, or have on or about the person.
Controlled substance means a drug or other substance, or immediate
precursor, included in schedules I, II, III, IV, or V of part B of the
Controlled Substance Act (21 U.S.C. 812) or a drug or substance added to
these schedules pursuant to the terms of the Act.
Cultural resource means material remains of past human life or
activities that are of significant cultural interest and are less than
50 years of age. This term includes, but shall not be limited to,
objects made or used by humans, such as pottery, basketry, bottles,
weapons, weapon projectiles, tools, structures or portions of
structures, or any portion or piece of the foregoing items, and the
physical site, location, or context in which they are found, or human
skeletal materials or graves.
Developed area means roads, parking areas, picnic areas,
campgrounds, or other structures, facilities or lands located within
development and historic
[[Page 7]]
zones depicted on the park area land management and use map.
Director means the Director of the National Park Service.
Dive flag means a flag not less than 12 inches square, red in color,
with a white stripe running diagonally from the top of the staff to the
opposite lower corner. The white stripe shall be one-fifth the width of
the flag.
Downed aircraft means an aircraft that cannot become airborne as a
result of mechanical failure, fire, or accident.
Electric bicycle means a two- or three-wheeled cycle with fully
operable pedals and an electric motor of not more than 750 watts that
meets the requirements of one of the following three classes:
(1) ``Class 1 electric bicycle'' shall mean an electric bicycle
equipped with a motor that provides assistance only when the rider is
pedaling, and that ceases to provide assistance when the bicycle reaches
the speed of 20 miles per hour.
(2) ``Class 2 electric bicycle'' shall mean an electric bicycle
equipped with a motor that may be used exclusively to propel the
bicycle, and that is not capable of providing assistance when the
bicycle reaches the speed of 20 miles per hour.
(3) ``Class 3 electric bicycle'' shall mean an electric bicycle
equipped with a motor that provides assistance only when the rider is
pedaling, and that ceases to provide assistance when the bicycle reaches
the speed of 28 miles per hour.
Firearm means a loaded or unloaded pistol, rifle, shotgun or other
weapon which is designed to, or may be readily converted to, expel a
projectile by the ignition of a propellant.
Fish means any member of the subclasses Agnatha, Chondrichthyes, or
Osteichthyes, or any mollusk or crustacean found in salt water.
Fishing means taking or attempting to take fish.
Flat wake speed means the minimum required speed to leave a flat
wave disturbance close astern a moving vessel yet maintain steerageway,
but in no case in excess of 5 statute miles per hour.
Harbor means a natural or artificially improved body of water
providing protection for vessels, which may include anchorage, mooring
or docking facilities.
Hunting means taking or attempting to take wildlife, except
trapping.
Legislative jurisdiction means lands and waters under the exclusive
or concurrent jurisdiction of the United States.
Manned submersible means any vessel that carries or is capable of
carrying passenger(s) within the confines of the vessel below the
surface of the water.
Manual wheelchair means a device that is propelled by human power,
designed for and used by a mobility-impaired person.
Motorcycle means every motor vehicle having a seat for the use of
the rider and designed to travel on not more that three wheels in
contact with the ground, but excluding a tractor.
Motorized wheelchair means a self-propelled wheeled device, designed
solely for and used by a mobility-impaired person for locomotion, that
is both capable of and suitable for use in indoor pedestrian areas.
Motor vehicle means every vehicle that is self-propelled and every
vehicle that is propelled by electric power, but not operated on rails
or water, except an electric bicycle, a snowmobile, and a motorized
wheelchair.
National Park System (Park area) means any area of land and water
now or hereafter administered by the Secretary of the Interior through
the National Park Service for park, monument, historic, parkway,
recreational, or other purposes.
Net means a seine, weir, net wire, fish trap, or other implement
designed to entrap fish, except a hand-held landing net used to retrieve
fish taken by hook and line.
Nondeveloped area means all lands and waters within park areas other
than developed areas.
Operator means a person who operates, drives, controls, otherwise
has charge of or is in actual physical control of a mechanical mode of
transportation or any other mechanical equipment.
Other Federal reservations in the environs of the District of
Columbia means
[[Page 8]]
Federal areas, which are not under the administrative jurisdiction of
the National Park Service, located in Arlington, Fairfax, Loudoun,
Prince William, and Stafford Counties and the City of Alexandria in
Virginia and Prince Georges, Charles, Anne Arundel, and Montgomery
Counties in Maryland, exclusive of military reservations, unless the
policing of military reservations by the U.S. Park Police is
specifically requested by the Secretary of Defense or a designee
thereof.
Pack animal means horses, burros, mules or other hoofed mammals when
designated as pack animals by the superintendent.
Park area. See the definition for National Park System in this
section.
Park road means the main-traveled surface of a roadway open to motor
vehicles, owned, controlled or otherwise administered by the National
Park Service.
Permit means a written authorization to engage in uses or activities
that are otherwise prohibited, restricted, or regulated.
Person means an individual, firm, corporation, society, association,
partnership, or private or public body.
Personal watercraft refers to a vessel, usually less than 16 feet in
length, which uses an inboard, internal combustion engine powering a
water jet pump as its primary source of propulsion. The vessel is
intended to be operated by a person or persons sitting, standing or
kneeling on the vessel, rather than within the confines of the hull. The
length is measured from end to end over the deck excluding sheer,
meaning a straight line measurement of the overall length from the
foremost part of the vessel to the aftermost part of the vessel,
measured parallel to the centerline. Bow sprits, bumpkins, rudders,
outboard motor brackets, and similar fittings or attachments, are not
included in the measurement. Length is stated in feet and inches.
Pet means a dog, cat or any animal that has been domesticated.
Possession means exercising direct physical control or dominion,
with or without ownership, over property, or archeological, cultural or
natural resources.
Power-driven vessel means any vessel propelled by machinery.
Practitioner means a physician, dentist, veterinarian, scientific
investigator, pharmacy, hospital or other person licensed, registered or
otherwise permitted by the United States or the jurisdiction in which
such person practices to distribute or possess a controlled substance in
the course of professional practice.
Public use limit means the number of persons; number and type of
animals; amount, size and type of equipment, vessels, mechanical modes
of conveyance, or food/beverage containers allowed to enter, be brought
into, remain in, or be used within a designated geographic area or
facility; or the length of time a designated geographic area or facility
may be occupied.
Refuse means trash, garbage, rubbish, waste papers, bottles or cans,
debris, litter, oil, solvents, liquid waste, or other discarded
materials.
Regional Director means the official in charge of a geographic area
of the National Park Service.
Sailing vessel means any vessel under sail provided, if propelling
machinery is fitted, it is not being used.
Secretary means the Secretary of the Interior.
Services means, but is not limited to, meals and lodging, labor,
professional services, transportation, admission to exhibits, use of
telephone or other utilities, or any act for which payment is
customarily received.
Sewage means human body waste or the waste from a toilet or other
receptacle intended to receive or retain body waste.
Smoking means the carrying of lighted cigarettes, cigars or pipes,
or the intentional and direct inhalation of smoke from these objects.
Snowmobile means a self-propelled vehicle intended for travel
primarily on snow, having a curb weight of not more than 1000 pounds
(450 kg), driven by a track or tracks in contact with the snow, and
steered by ski or skis in contact with the snow.
State means a State, territory, or possession of the United States.
State law means the applicable and nonconflicting laws, statutes,
regulations, ordinances, infractions and codes
[[Page 9]]
of the State(s) and political subdivision(s) within whose exterior
boundaries a park area or a portion thereof is located.
Superintendent means the official in charge of a park area or an
authorized representative thereof.
Take or taking means to pursue, hunt, harass, harm, shoot, trap,
net, capture, collect, kill, wound, or attempt to do any of the above.
Traffic means pedestrians, ridden or herded animals, vehicles, and
other conveyances, either singly or together while using any road,
trail, street or other thoroughfare for purpose of travel.
Traffic control device means a sign, signal, marking or other device
placed or erected by, or with the concurrence of, the Superintendent for
the purpose of regulating, warning, guiding or otherwise controlling
traffic or regulating the parking of vehicles.
Trap means a snare, trap, mesh, wire or other implement, object or
mechanical device designed to entrap or kill animals other than fish.
Trapping means taking or attempting to take wildlife with a trap.
Underwater diving means the use of any apparatus, whether self
contained or connected to a distant source of air or other gas, whereby
a person wholly or partially submerged in water, can obtain or reuse air
or any other gas or gasses for breathing without returning to the
surface of the water. Underwater diving would include, but is not be
limited to use of SCUBA, surface supplied air, mixed gas, or re-
breathers.
Underway means when a vessel is not at anchor, moored, made fast to
the shore or docking facility, or aground.
Unloaded, as applied to weapons and firearms, means that: (1) There
is no unexpended shell, cartridge, or projectile in any chamber or
cylinder of a firearm or in a clip or magazine inserted in or attached
to a firearm;
(2) A muzzle-loading weapon does not contain gun powder in the pan,
or the percussion cap is not in place; and
(3) Bows, crossbows, spear guns or any implement capable of
discharging a missile or similar device by means of a loading or
discharging mechanism, when that loading or discharging mechanism is not
charged or drawn.
Un-manned submersible means any device operated by remote control,
used or capable of being used, to search or collect below the surface of
the water. This definition does not apply to a device being used
lawfully for fishing.
Vehicle means every device in, upon, or by which a person or
property is or may be transported or drawn on land, except snowmobiles
and devices moved by human power or used exclusively upon stationary
rails or track.
Vessel means every description of watercraft, or other artificial
contrivance used, or capable of being used, as a means of transportation
on the water. This definition does not apply to a seaplane on the water.
Weapon means a firearm, compressed gas or spring-powered pistol or
rifle, bow and arrow, crossbow, blowgun, speargun, hand-thrown spear,
slingshot, irritant gas device, explosive device, or any other implement
designed to discharge missiles, and includes a weapon the possession of
which is prohibited under the laws of the State in which the park area
or portion thereof is located.
Wildlife means any member of the animal kingdom and includes a part,
product, egg or offspring thereof, or the dead body or part thereof,
except fish.
(b) In addition to the definitions in paragraph (a), for the purpose
of the regulations contained in parts 3 and 7 of this chapter, the
definitions pertaining to navigation, navigable waters and shipping
enumerated in title 14 United States Code, title 33 Code of Federal
Regulations, title 46 Code of Federal Regulations, title 49 Code of
Federal Regulations, the Federal Boating Safety Act of 1971, and the
Inland Navigational Rules Act of 1980, shall apply for boating and water
activities.
[48 FR 30275, June 30, 1983, as amended at 49 FR 18449, Apr. 30, 1984;
51 FR 37011, Oct. 17, 1986; 52 FR 10683, Apr. 2, 1987; 60 FR 55790, Nov.
3, 1995; 61 FR 35136, July 5, 1996; 62 FR 30234, June 3, 1997; 65 FR
15089, Mar. 21, 2000; 72 FR 13702, Mar. 23, 2007; 85 FR 69188, Nov. 2,
2020]
Sec. 1.5 Closures and public use limits.
(a) Consistent with applicable legislation and Federal
administrative policies, and based upon a determination that such action
is necessary for the
[[Page 10]]
maintenance of public health and safety, protection of environmental or
scenic values, protection of natural or cultural resources, aid to
scientific research, implementation of management responsibilities,
equitable allocation and use of facilities, or the avoidance of conflict
among visitor use activities, the superintendent may:
(1) Establish, for all or a portion of a park area, a reasonable
schedule of visiting hours, impose public use limits, or close all or a
portion of a park area to all public use or to a specific use or
activity.
(2) Designate areas for a specific use or activity, or impose
conditions or restrictions on a use or activity.
(3) Terminate a restriction, limit, closure, designation, condition,
or visiting hour restriction imposed under paragraph (a)(1) or (2) of
this section.
(b) Except in emergency situations, a closure, designation, use or
activity restriction or condition, or the termination or relaxation of
such, which is of a nature, magnitude and duration that will result in a
significant alteration in the public use pattern of the park area,
adversely affect the park's natural, aesthetic, scenic or cultural
values, require a long-term or significant modification in the resource
management objectives of the unit, or is of a highly controversial
nature, shall be published as rulemaking in the Federal Register.
(c) Except in emergency situations, prior to implementing or
terminating a restriction, condition, public use limit or closure, the
superintendent shall prepare a written determination justifying the
action. That determination shall set forth the reason(s) the
restriction, condition, public use limit or closure authorized by
paragraph (a) has been established, and an explanation of why less
restrictive measures will not suffice, or in the case of a termination
of a restriction, condition, public use limit or closure previously
established under paragraph (a), a determination as to why the
restriction is no longer necessary and a finding that the termination
will not adversely impact park resources. This determination shall be
available to the public upon request.
(d) To implement a public use limit, the superintendent may
establish a permit, registration, or reservation system. Permits shall
be issued in accordance with the criteria and procedures of Sec. 1.6 of
this chapter.
(e) Except in emergency situations, the public will be informed of
closures, designations, and use or activity restrictions or conditions,
visiting hours, public use limits, public use limit procedures, and the
termination or relaxation of such, in accordance with Sec. 1.7 of this
chapter.
(f) Violating a closure, designation, use or activity restriction or
condition, schedule of visiting hours, or public use limit is
prohibited.
[48 FR 30275, June 30, 1983, as amended at 51 FR 29470, Aug. 18, 1986]
Sec. 1.6 Permits.
(a) When authorized by regulations set forth in this chapter, the
superintendent may issue a permit to authorize an otherwise prohibited
or restricted activity or impose a public use limit. The activity
authorized by a permit shall be consistent with applicable legislation,
Federal regulations and administrative policies, and based upon a
determination that public health and safety, environmental or scenic
values, natural or cultural resources, scientific research,
implementation of management responsibilities, proper allocation and use
of facilities, or the avoidance of conflict among visitor use activities
will not be adversely impacted.
(b) Except as otherwise provided, application for a permit shall be
submitted to the superintendent during normal business hours.
(c) The public will be informed of the existence of a permit
requirement in accordance with Sec. 1.7 of this chapter.
(d) Unless otherwise provided for by the regulations in this
chapter, the superintendent shall deny a permit that has been properly
applied for only upon a determination that the designated capacity for
an area or facility would be exceeded; or that one or more of the
factors set forth in paragraph (a) of this section would be adversely
impacted. The basis for denial shall be provided to the applicant upon
request.
(e) The superintendent shall include in a permit the terms and
conditions that the superintendent deems necessary to protect park
resources or
[[Page 11]]
public safety and may also include terms or conditions established
pursuant to the authority of any other section of this chapter.
(f) A compilation of those activities requiring a permit shall be
maintained by the superintendent and available to the public upon
request.
(g) The following are prohibited:
(1) Engaging in an activity subject to a permit requirement imposed
pursuant to this section without obtaining a permit; or
(2) Violating a term or condition of a permit issued pursuant to
this section.
(h) Violating a term or condition of a permit issued pursuant to
this section may also result in the suspension or revocation of the
permit by the superintendent.
[48 FR 30275, June 30, 1983, as amended at 51 FR 29470, Aug. 18, 1986]
Sec. 1.7 Public notice.
(a) Whenever the authority of Sec. 1.5(a) is invoked to restrict or
control a public use or activity, to relax or revoke an existing
restriction or control, to designate all or a portion of a park area as
open or closed, or to require a permit to implement a public use limit,
the public shall be notified by one or more of the following methods:
(1) Signs posted at conspicuous locations, such as normal points of
entry and reasonable intervals along the boundary of the affected park
locale.
(2) Maps available in the office of the superintendent and other
places convenient to the public.
(3) Publication in a newspaper of general circulation in the
affected area.
(4) Other appropriate methods, such as the removal of closure signs,
use of electronic media, park brochures, maps and handouts.
(b) In addition to the above-described notification procedures, the
superintendent shall compile in writing all the designations, closures,
permit requirements and other restrictions imposed under discretionary
authority. This compilation shall be updated annually and made available
to the public upon request.
Sec. 1.8 Information collection.
The information collection requirements contained in Sec. Sec. 1.5,
2.4, 2.5, 2.10 2.12, 2.17, 2.33, 2.38, 2.50, 2.51, 2.52, 2.60, 2.61,
2.62, 3.3, 3.4, 4.4 and 4.11 have been approved by the Office of
Management and Budget under 44 U.S.C. 3501 et seq., and assigned
clearance number 1024-0026. This information is being collected to
provide superintendents data necessary to issue permits for special uses
of park areas and to obtain notification of accidents that occur within
park areas. This information will be used to grant administrative
benefits and to facilitate prompt emergency response to accidents. In
Sec. Sec. 2.33, 3.4 and 4.4, the obligation to respond is mandatory; in
all other sections the obligation to respond is required in order to
obtain a benefit.
[52 FR 10683, Apr. 2, 1987]
Sec. 1.10 Symbolic signs.
(a) The signs pictured below provide general information and
regulatory guidance in park areas. Certain of the signs designate
activities that are either allowed or prohibited. Activities symbolized
by a sign bearing a slash mark are prohibited.
(b) The use of other types of signs not herein depicted is not
precluded.
[[Page 12]]
[GRAPHIC] [TIFF OMITTED] TC21OC91.059
[[Page 13]]
[GRAPHIC] [TIFF OMITTED] TR04SE96.001
[[Page 14]]
[GRAPHIC] [TIFF OMITTED] TC26OC91.000
[[Page 15]]
[GRAPHIC] [TIFF OMITTED] TC26OC91.001
[[Page 16]]
[GRAPHIC] [TIFF OMITTED] TC26OC91.002
[48 FR 30275, June 30, 1983, as amended at 61 FR 46556, Sept. 4, 1996]
[[Page 17]]
PART 2_RESOURCE PROTECTION, PUBLIC USE AND RECREATION--Table of Contents
Sec.
2.1 Preservation of natural, cultural and archeological resources.
2.2 Wildlife protection.
2.3 Fishing.
2.4 Weapons, traps and nets.
2.5 Research specimens.
2.6 Gathering of plants or plant parts by federally recognized Indian
tribes.
2.10 Camping and food storage.
2.11 Picnicking.
2.12 Audio disturbances.
2.13 Fires.
2.14 Sanitation and refuse.
2.15 Pets.
2.16 Horses and pack animals.
2.17 Aircraft and air delivery.
2.18 Snowmobiles.
2.19 Winter activities.
2.20 Skating, skateboards and similar devices.
2.21 Smoking.
2.22 Property.
2.23 Recreation fees.
2.30 Misappropriation of property and services.
2.31 Trespassing, tampering and vandalism.
2.32 Interfering with agency functions.
2.33 Report of injury or damage.
2.34 Disorderly conduct.
2.35 Alcoholic beverages and controlled substances.
2.36 Gambling.
2.37 Noncommercial soliciting.
2.38 Explosives.
2.50 Special events.
2.51 Demonstrations and designated available park areas.
2.52 Sale of printed matter and the distribution of printed matter and
other message-bearing items.
2.60 Livestock use and agriculture.
2.61 Residing on Federal lands.
2.62 Memorialization.
Authority: 54 U.S.C. 100101, 100751, 320102.
Source: 48 FR 30282, June 30, 1983, unless otherwise noted.
Sec. 2.1 Preservation of natural, cultural and archeological resources.
(a) Except as otherwise provided in this chapter, the following is
prohibited:
(1) Possessing, destroying, injuring, defacing, removing, digging,
or disturbing from its natural state:
(i) Living or dead wildlife or fish, or the parts or products
thereof, such as antlers or nests.
(ii) Plants or the parts or products thereof.
(iii) Nonfossilized and fossilized paleontological specimens,
cultural or archeological resources, or the parts thereof.
(iv) A mineral resource or cave formation or the parts thereof.
(2) Introducing wildlife, fish or plants, including their
reproductive bodies, into a park area ecosystem.
(3) Tossing, throwing or rolling rocks or other items inside caves
or caverns, into valleys, canyons, or caverns, down hillsides or
mountainsides, or into thermal features.
(4) Using or possessing wood gathered from within the park area:
Provided, however, That the superintendent may designate areas where
dead wood on the ground may be collected for use as fuel for campfires
within the park area.
(5) Walking on, climbing, entering, ascending, descending, or
traversing an archeological or cultural resource, monument, or statue,
except in designated areas and under conditions established by the
superintendent.
(6) Possessing, destroying, injuring, defacing, removing, digging,
or disturbing a structure or its furnishing or fixtures, or other
cultural or archeological resources.
(7) Possessing or using a mineral or metal detector, magnetometer,
side scan sonar, other metal detecting device, or subbottom profiler.
This paragraph does not apply to:
(i) A device broken down and stored or packed to prevent its use
while in park areas.
(ii) Electronic equipment used primarily for the navigation and safe
operation of boats and aircraft.
(iii) Mineral or metal detectors, magnetometers, or subbottom
profilers used for authorized scientific, mining, or administrative
activities.
(b) The superintendent may restrict hiking or pedestrian use to a
designated trail or walkway system pursuant to Sec. Sec. 1.5 and 1.7.
Leaving a trail or walkway to shortcut between portions of the same
trail or walkway, or to shortcut to an adjacent trail or walkway in
violation of designated restrictions is prohibited.
(c)(1) The superintendent may designate certain fruits, berries,
nuts, or unoccupied seashells which may be gathered by hand for personal
use or
[[Page 18]]
consumption upon a written determination that the gathering or
consumption will not adversely affect park wildlife, the reproductive
potential of a plant species, or otherwise adversely affect park
resources.
(2) The superintendent may:
(i) Limit the size and quantity of the natural products that may be
gathered or possessed for this purpose; or
(ii) Limit the location where natural products may be gathered; or
(iii) Restrict the possession and consumption of natural products to
the park area.
(3) The following are prohibited:
(i) Gathering or possessing undesignated natural products.
(ii) Gathering or possessing natural products in violation of the
size or quantity limits designated by the superintendent.
(iii) Unauthorized removal of natural products from the park area.
(iv) Gathering natural products outside of designated areas.
(v) Sale or commercial use of natural products.
(d) This section shall not be construed as authorizing the taking,
use, or possession of fish, wildlife, or plants for ceremonial or
religious purposes, except for the gathering and removal of plants or
plant parts by enrolled members of an Indian tribe in accordance with
Sec. 2.6, or where specifically authorized by federal statutory law,
treaty, or in accordance with Sec. 2.2 or Sec. 2.3.
Note 1 to Sec. 2.1: The Secretary's regulations concerning
archeological resources are found in 43 CFR part 3. The regulations
concerning paleontological resources are found in 43 CFR part 49.
[48 FR 30282, June 30, 1983, as amended at 81 FR 45037, July 12, 2016;
87 FR 47319, Aug. 2, 2022]
Sec. 2.2 Wildlife protection.
(a) The following are prohibited:
(1) The taking of wildlife, except by authorized hunting and
trapping activities conducted in accordance with paragraph (b) of this
section.
(2) The feeding, touching, teasing, frightening or intentional
disturbing of wildlife nesting, breeding or other activities.
(3) Possessing unlawfully taken wildlife or portions thereof.
(b) Hunting and trapping. (1) Hunting shall be allowed in park areas
where such activity is specifically mandated by Federal statutory law.
(2) Hunting may be allowed in park areas where such activity is
specifically authorized as a discretionary activity under Federal
statutory law if the superintendent determines that such activity is
consistent with public safety and enjoyment, and sound resource
management principles. Such hunting shall be allowed pursuant to special
regulations.
(3) Trapping shall be allowed in park areas where such activity is
specifically mandated by Federal statutory law.
(4) Where hunting or trapping or both are authorized, such
activities shall be conducted in accordance with Federal law and the
laws of the State within whose exterior boundaries a park area or a
portion thereof is located. Nonconflicting State laws are adopted as a
part of these regulations.
(c) Except in emergencies or in areas under the exclusive
jurisdiction of the United States, the superintendent shall consult with
appropriate State agencies before invoking the authority of Sec. 1.5
for the purpose of restricting hunting and trapping or closing park
areas to the taking of wildlife where such activities are mandated or
authorized by Federal statutory law.
(d) The superintendent may establish conditions and procedures for
transporting lawfully taken wildlife through the park area. Violation of
these conditions and procedures is prohibited.
(e) The Superintendent may designate all or portions of a park area
as closed to the viewing of wildlife with an artificial light. Use of an
artificial light for purposes of viewing wildlife in closed areas is
prohibited.
(f) Authorized persons may check hunting and trapping licenses and
permits; inspect weapons, traps and hunting and trapping gear for
compliance with equipment restrictions; and inspect wildlife that has
been taken for compliance with species, size and other taking
restrictions.
(g) The regulations contained in this section apply, regardless of
land ownership, on all lands and waters within a
[[Page 19]]
park area that are under the legislative jurisdiction of the United
States.
[48 FR 30282, June 30, 1983, as amended at 49 FR 18450, Apr. 30, 1984;
51 FR 33264, Sept. 19, 1986; 52 FR 35240, Sept. 18, 1987]
Sec. 2.3 Fishing.
(a) Except in designated areas or as provided in this section,
fishing shall be in accordance with the laws and regulations of the
State within whose exterior boundaries a park area or portion thereof is
located. Nonconflicting State laws are adopted as a part of these
regulations.
(b) State fishing licenses are not required in Big Bend, Crater
Lake, Denali, Glacier, Isle Royale (inland waters only), Mammoth Cave,
Mount Rainer, Olympic and Yellowstone National Parks.
(c) Except in emergencies or in areas under the exclusive
jurisdiction of the United States, the superintendent shall consult with
appropriate State agencies before invoking the authority of Sec. 1.5
for the purpose of restricting or closing park areas to the taking of
fish.
(d) The following are prohibited:
(1) Fishing in fresh waters in any manner other than by hook and
line, with the rod or line being closely attended.
(2) Possessing or using as bait for fishing in fresh waters, live or
dead minnows or other bait fish, amphibians, nonpreserved fish eggs or
fish roe, except in designated waters. Waters which may be so designated
shall be limited to those where non-native species are already
established, scientific data indicate that the introduction of
additional numbers or types of non-native species would not impact
populations of native species adversely, and park management plans do
not call for elimination of non-native species.
(3) Chumming or placing preserved or fresh fish eggs, fish roe,
food, fish parts, chemicals, or other foreign substances in fresh waters
for the purpose of feeding or attracting fish in order that they may be
taken.
(4) Commercial fishing, except where specifically authorized by
Federal statutory law.
(5) Fishing by the use of drugs, poisons, explosives, or
electricity.
(6) Digging for bait, except in privately owned lands.
(7) Failing to return carefully and immediately to the water from
which it was taken a fish that does not meet size or species
restrictions or that the person chooses not to keep. Fish so released
shall not be included in the catch or possession limit: Provided, That
at the time of catching the person did not possess the legal limit of
fish.
(8) Fishing from motor road bridges, from or within 200 feet of a
public raft or float designated for water sports, or within the limits
of locations designated as swimming beaches, surfing areas, or public
boat docks, except in designated areas.
(e) Except as otherwise designated, fishing with a net, spear, or
weapon in the salt waters of park areas shall be in accordance with
State law.
(f) Authorized persons may check fishing licenses and permits;
inspect creels, tackle and fishing gear for compliance with equipment
restrictions; and inspect fish that have been taken for compliance with
species, size and other taking restrictions.
(g) The regulations contained in this section apply, regardless of
land ownership, on all lands and waters within a park area that are
under the legislative jurisdiction of the United States.
[48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987]
Sec. 2.4 Weapons, traps and nets.
(a) None of the provisions in this section or any regulation in this
chapter may be enforced to prohibit an individual from possessing a
firearm, including an assembled or functional firearm, in any National
Park System unit if:
(1) The individual is not otherwise prohibited by law from
possessing the firearm; and
(2) The possession of the firearm is in compliance with the law of
the State in which the National Park System unit is located.
(b)(1) Except as otherwise provided in this section and parts 7
(special regulations) and 13 (Alaska regulations), the following are
prohibited:
(i) Possessing a weapon, trap or net
(ii) Carrying a weapon, trap or net
(iii) Using a weapon, trap or net
[[Page 20]]
(2) Weapons, traps or nets may be carried, possessed or used:
(i) At designated times and locations in park areas where:
(A) The taking of wildlife is authorized by law in accordance with
Sec. 2.2 of this chapter;
(B) The taking of fish is authorized by law in accordance with Sec.
2.3 of this part.
(ii) When used for target practice at designated times and at
facilities or locations designed and constructed specifically for this
purpose and designated pursuant to special regulations.
(iii) Within a residential dwelling. For purposes of this
subparagraph only, the term ``residential dwelling'' means a fixed
housing structure which is either the principal residence of its
occupants, or is occupied on a regular and recurring basis by its
occupants as an alternate residence or vacation home.
(3)(i) Traps, nets and unloaded weapons may be possessed within a
temporary lodging or mechanical mode of conveyance when such implements
are rendered temporarily inoperable or are packed, cased or stored in a
manner that will prevent their ready use.
(ii) An individual may carry or possess an unloaded bow or crossbow
when accessing otherwise inaccessible lands or waters contiguous to a
park area when other means of access are otherwise impracticable or
impossible if:
(A) The individual is not otherwise prohibited by law from
possessing the bow or crossbow; and
(B) The possession of the bow or crossbow is in compliance with the
law of the State in which the park area is located.
(c) Carrying or possessing a loaded weapon in a motor vehicle,
vessel or other mode of transportation is prohibited, except that
carrying or possessing a loaded weapon in a vessel is allowed when such
vessel is not being propelled by machinery and is used as a shooting
platform in accordance with Federal and State law.
(d) The use of a weapon, trap or net in a manner that endangers
persons or property is prohibited.
(e) The superintendent may issue a permit to carry or possess a
weapon that is not otherwise authorized, a trap, or a net under the
following circumstances:
(1) When necessary to support research activities conducted in
accordance with Sec. 2.5.
(2) To carry firearms for persons in charge of pack trains or saddle
horses for emergency use.
(3) For employees, agents or cooperating officials in the
performance of their official duties.
(4) To provide access to otherwise inaccessible lands or waters
contiguous to a park area when other means of access are otherwise
impracticable or impossible.
Violation of the terms and conditions of a permit issued pursuant to
this paragraph is prohibited and may result in the suspension or
revocation of the permit.
(f) Authorized Federal, State and local law enforcement officers may
carry firearms in the performance of their official duties.
(g) The carrying or possessing of a weapon, trap or net in violation
of applicable Federal and State laws is prohibited.
(h) The regulations contained in this section apply, regardless of
land ownership, on all lands and waters within a park area that are
under the legislative jurisdiction of the United States.
[48 FR 30282, June 30, 1983, as amended at 49 FR 18450, Apr. 30, 1984;
52 FR 35240, Sept. 18, 1987; 73 FR 74971, Dec. 10, 2008; 80 FR 36476,
June 25, 2015; 83 FR 47073, Sept. 18, 2018]
Sec. 2.5 Research specimens.
(a) Taking plants, fish, wildlife, rocks or minerals except in
accordance with other regulations of this chapter or pursuant to the
terms and conditions of a specimen collection permit, is prohibited.
(b) A specimen collection permit may be issued only to an official
representative of a reputable scientific or educational institution or a
State or Federal agency for the purpose of research, baseline
inventories, monitoring, impact analysis, group study, or museum display
when the superintendent determines that the collection is necessary to
the stated scientific or resource management goals of the institution or
agency and that all applicable Federal
[[Page 21]]
and State permits have been acquired, and that the intended use of the
specimens and their final disposal is in accordance with applicable law
and Federal administrative policies. A permit shall not be issued if
removal of the specimen would result in damage to other natural or
cultural resources, affect adversely environmental or scenic values, or
if the specimen is readily available outside of the park area.
(c) A permit to take an endangered or threatened species listed
pursuant to the Endangered Species Act, or similarly identified by the
States, shall not be issued unless the species cannot be obtained
outside of the park area and the primary purpose of the collection is to
enhance the protection or management of the species.
(d) In park areas where the enabling legislation authorizes the
killing of wildlife, a permit which authorizes the killing of plants,
fish or wildlife may be issued only when the superintendent approves a
written research proposal and determines that the collection will
benefit science or has the potential for improving the management and
protection of park resources.
(e) In park areas where enabling legislation does not expressly
prohibit the killing of wildlife, a permit authorizing the killing of
plants, fish or wildlife may be issued only when the superintendent
approves a written research proposal and determines that the collection
will not result in the derogation of the values or purposes for which
the park area was established and has the potential for conserving and
perpetuating the species subject to collection.
(f) In park areas where the enabling legislation prohibits the
killing of wildlife, issuance of a collecting permit for wildlife or
fish or plants, is prohibited.
(g) Specimen collection permits shall contain the following
conditions:
(1) Specimens placed in displays or collections will bear official
National Park Service museum labels and their catalog numbers will be
registered in the National Park Service National Catalog.
(2) Specimens and data derived from consumed specimens will be made
available to the public and reports and publications resulting from a
research specimen collection permit shall be filed with the
superintendent.
(h) Violation of the terms and conditions of a permit issued in
accordance with this section is prohibited and may result in the
suspension or revocation of the permit.
Note 1 to Sec. 2.5: The Secretary's regulations on the
preservation, use, and management of fish and wildlife are found in 43
CFR part 24. The regulations concerning archeological resources are
found in 43 CFR part 3. The regulations concerning paleontological
resources are found in 43 CFR part 49.
[48 FR 30282, June 30, 1983, as amended at 87 FR 47319, Aug. 2, 2022]
Sec. 2.6 Gathering of plants or plant parts by federally recognized
Indian tribes.
(a) What terms do I need to know? The following definitions apply
only to this section.
Indian tribe means an American Indian or Alaska Native tribe, band,
nation, pueblo, village, or community that the Secretary of the Interior
acknowledges to exist as an Indian tribe under the Federally Recognized
Tribe List Act of 1994, 25 U.S.C. 479a.
Plants or plant parts means vascular plants or parts of vascular
plants. No other types of plants may be gathered or removed under this
section.
Traditional association means a longstanding relationship of
historical or cultural significance between an Indian tribe and a park
area predating the establishment of the park area.
Traditional gathering means the method of gathering plants or plant
parts by hand or hand tools only. Traditional gathering does not include
the use of tools or machinery powered by electricity, fossil fuels, or
any other source of power except human power.
Traditional purpose means a customary activity or practice that is
rooted in the history of an Indian tribe and is important to the
continuation of that tribe's distinct culture.
Tribal official means an elected or duly appointed official of the
federally recognized government of an Indian tribe authorized to act on
behalf of the tribe with respect to the subject matter of this
regulation.
[[Page 22]]
(b) How may the Superintendent authorize traditional gathering and
removal? After receiving a request from an Indian tribe to gather plants
or plant parts within a park area, the Superintendent may enter into an
agreement with the tribe to authorize the traditional gathering and
removal of plants or plant parts for traditional purposes. The agreement
will describe the terms and conditions under which the Superintendent
may issue a gathering permit to the tribe under Sec. 1.6 of this
chapter. The permit will designate the enrolled tribal members who are
authorized to gather and remove plants or plant parts within the park
area.
(c) How must a tribe request to enter into an agreement? (1) A
tribal official must submit to the Superintendent a written request to
enter into an agreement under this section that contains the following:
(i) A description of the Indian tribe's traditional association to
the park area;
(ii) A description of the traditional purposes to which the
traditional gathering activities will relate; and
(iii) A description of the traditional gathering and removal
activities that the tribe is interested in conducting, including a list
of the plants or plant parts that tribal members wish to gather and the
methods by which those plants or plant parts will be gathered.
(2) Within 90 days after receiving a request that contains the
information required by paragraph (c)(1) of this section, the
Superintendent will initiate consultation with the requesting tribe in
order to develop an agreement. If a Superintendent fails to initiate
consultation within 90 days after receiving such a request, then the
tribe may submit the request to the Regional Director. The
Superintendent will also consult with any other tribe that has gathering
rights in that park area under a treaty or federal statute or is party
to a valid plant-gathering agreement with the NPS for that park area.
(d) What are the requirements for entering into agreements? Before
entering into an agreement to allow gathering and removal, the
Superintendent must:
(1) Determine, based on available information, including information
provided by the tribe itself, that the tribe has a traditional
association with the park area and is proposing to gather and remove
plants or plant parts within the park area for a traditional purpose;
and
(2) Comply with all applicable federal laws, including the National
Environmental Policy Act of 1969, the National Historic Preservation
Act, and the Endangered Species Act. The compliance for the National
Environmental Policy Act of 1969 must consist of an environmental
assessment and must conclude with a finding of no significant impact,
which must also document the determinations required by paragraph (d)(1)
of this section. The Superintendent may not enter into an agreement that
will have a significant adverse impact on park area resources or values.
(e) When must the Superintendent deny a tribe's request to enter
into a gathering agreement? The Superintendent must deny a tribe's
request to enter into a gathering agreement if any of the requirements
of paragraph (d) of this section are not satisfied.
(f) What must agreements contain and how will they be implemented?
(1) An agreement to gather and remove plants or plant parts must contain
the following:
(i) The name of the Indian tribe authorized to gather and remove
plants and plant parts;
(ii) The basis for the tribe's eligibility under paragraphs
(c)(1)(i) and (ii) of this section to enter into the agreement;
(iii) A description of the system to be used to administer
traditional gathering and removal, including a clear means of
identifying the enrolled tribal members who, under the permit, are
designated by the Indian tribe to gather and remove;
(iv) A means for the tribal government to keep the NPS regularly
informed of which enrolled tribal members are designated by the tribe to
gather and remove;
(v) A description of the specific plants or plant parts that may be
gathered and removed. The gathering agreement may not authorize the
gathering of any species listed as threatened or endangered under the
Endangered Species Act;
[[Page 23]]
(vi) Specification of the size and quantity of the plants or plant
parts that may be gathered and removed;
(vii) Identification of the times and locations at which the plants
or plant parts may be gathered and removed;
(viii) A statement that plants or plant parts may be gathered only
by traditional gathering methods, i.e., only by hand or hand tools;
(ix) A statement that the sale or commercial use of natural products
(including plants or plant parts gathered under the agreement) is
prohibited in the park area under Sec. 2.1(c)(3)(v);
(x) Protocols for monitoring traditional gathering and removal
activities and thresholds above which NPS and tribal management
intervention will occur;
(xi) A requirement that the NPS and the tribe engage in periodic
reviews of the status of traditional gathering activities under the
agreement through consultation;
(xii) Operating protocols and additional remedies for non-compliance
with the terms of the agreement beyond those provided in this section,
including mitigation, restoration, and remediation;
(xiii) A requirement that a permit issued under the agreement
identify the tribal members who are designated by the tribe to gather
plants or plant parts under the permit;
(xiv) A list of key officials; and
(xv) Any additional terms or conditions that the parties may agree
upon.
(2) Agreements will be implemented through a permit issued in
accordance with Sec. 1.6 of this chapter. Activities allowed by a
permit must fall within the scope of activities agreed upon in the
agreement.
(g) What concurrence must the Superintendent obtain? Before
executing any gathering agreement, the Superintendent must obtain the
written concurrence of the Regional Director.
(h) When may the Superintendent close areas to gathering and
removal? (1) Notwithstanding the terms of any agreement or permit
executed under this section, the Superintendent may close park areas, or
portions thereof, to the traditional gathering and removal of plants or
plant products for any of the following reasons:
(i) Maintenance of public health and safety;
(ii) Protection of environmental or scenic values;
(iii) Protection of natural or cultural resources;
(iv) Aid to scientific research;
(v) Implementation of management plans; or
(vi) Avoidance of conflict among visitor use activities.
(2) Closed areas may not be reopened to traditional gathering and
removal until the reasons for the closure have been resolved.
(3) Except in emergency situations, the Superintendent will provide
public notice of any closure under this section in accordance with Sec.
1.7 of this chapter. The Superintendent will also provide written notice
of the closure directly to any tribe that has an agreement to gather and
remove plants or plant parts from the closed area.
(i) When may the Superintendent suspend or terminate an agreement or
permit?
(1) The Superintendent may suspend or terminate a gathering
agreement or implementing permit if the tribe or a tribal member
violates any term or condition of the agreement or the permit.
(2) The Superintendent may suspend or terminate a gathering
agreement or implementing permit if unanticipated or significant adverse
impacts to park area resources or values occur.
(3) If a Superintendent suspends or terminates a gathering agreement
or implementing permit, then the Superintendent must prepare a written
determination justifying the action and must provide a copy of the
determination to the tribe.
(4) Before terminating a gathering agreement or implementing permit,
the Superintendent must obtain the written concurrence of the Regional
Director.
(j) When is gathering prohibited? Gathering, possession, or removal
from a park area of plants or plant parts (including for traditional
purposes) is prohibited except where specifically authorized by:
(1) Federal statutory law;
(2) Treaty rights;
(3) Other regulations of this chapter; or
[[Page 24]]
(4) An agreement and permit issued under this section.
(k) How may a tribe appeal a Superintendent's decision not to enter
into a gathering agreement under this rule? If a Superintendent denies a
tribe's request to enter into a gathering agreement, then the
Superintendent will provide the tribe with a written decision setting
forth the reasons for the denial. Within 60 days after receiving the
Superintendent's written decision, the tribe may appeal, in writing, the
Superintendent's decision to the Regional Director. The appeal should
set forth the substantive factual or legal bases for the tribe's
disagreement with the Superintendent's decision and any other
information the tribe wishes the Regional Director to consider. Within
45 days after receiving the tribe's written appeal, the Regional
Director will issue and send to the tribe a written decision that
affirms, reverses, or modifies the Superintendent's decision. The
Regional Director's appeal decision will constitute the final agency
action on the matter. Appeals under this section constitute an
administrative review and are not conducted as an adjudicative
proceeding.
(l) Have the information collection requirements been approved? The
Office of Management and Budget has reviewed and approved the
information collection requirements in this section and assigned OMB
Control No. 1024-0271. We will use this information to determine whether
a traditional association and purpose can be documented in order to
authorize traditional gathering. We may not conduct or sponsor and you
are not required to respond to, a collection of information unless it
displays a currently valid OMB control number. You may send comments on
any aspect of this information collection to the Information Collection
Clearance Officer, National Park Service, 12201 Sunrise Valley Drive
(Mail Stop 242), Reston, VA 20192.
[81 FR 45037, July 12, 2016]
Sec. 2.10 Camping and food storage.
(a) The superintendent may require permits, designate sites or
areas, and establish conditions for camping.
(b) The following are prohibited:
(1) Digging or leveling the ground at a campsite.
(2) Leaving camping equipment, site alterations, or refuse after
departing from the campsite.
(3) Camping within 25 feet of a water hydrant or main road, or
within 100 feet of a flowing stream, river or body of water, except as
designated.
(4) Creating or sustaining unreasonable noise between the hours of
10:00 p.m. and 6:00 a.m., considering the nature and purpose of the
actor's conduct, impact on park users, location, and other factors which
would govern the conduct of a reasonably prudent person under the
circumstances.
(5) The installation of permanent camping facilities.
(6) Displaying wildlife carcasses or other remains or parts thereof,
except when taken pursuant to Sec. 2.2.
(7) Connecting to a utility system, except as designated.
(8) Failing to obtain a permit, where required.
(9) Violating conditions which may be established by the
superintendent.
(10) Camping outside of designated sites or areas.
(c) Violation of the terms and conditions of a permit issued in
accordance with this section is prohibited and may result in the
suspension or revocation of the permit.
(d) Food storage. The superintendent may designate all or a portion
of a park area where food, lawfully taken fish or wildlife, garbage, and
equipment used to cook or store food must be kept sealed in a vehicle,
or in a camping unit that is constructed of solid, non-pliable material,
or suspended at least 10 feet above the ground and 4 feet horizontally
from a post, tree trunk, or other object, or shall be stored as
otherwise designated. Violation of this restriction is prohibited. This
restriction does not apply to food that is being transported, consumed,
or prepared for consumption.
Sec. 2.11 Picnicking.
Picnicking is allowed, except in designated areas closed in
accordance with Sec. 1.5. The superintendent may establish conditions
for picnicking in areas
[[Page 25]]
where picnicking is allowed. Picnicking in violation of established
conditions is prohibited.
Sec. 2.12 Audio disturbances.
(a) The following are prohibited:
(1) Operating motorized equipment or machinery such as an electric
generating plant, motor vehicle, motorized toy, or an audio device, such
as a radio, television set, tape deck or musical instrument, in a
manner: (i) That exceeds a noise level of 60 decibels measured on the A-
weighted scale at 50 feet; or, if below that level, nevertheless; (ii)
makes noise which is unreasonable, considering the nature and purpose of
the actor's conduct, location, time of day or night, purpose for which
the area was established, impact on park users, and other factors that
would govern the conduct of a reasonably prudent person under the
circumstances.
(2) In developed areas, operating a power saw, except pursuant to
the terms and conditions of a permit.
(3) In nondeveloped areas, operating any type of portable motor or
engine, or device powered by a portable motor or engine, except pursuant
to the terms and conditions of a permit. This paragraph does not apply
to vessels in areas where motor boating is allowed.
(4) Operating a public address system, except in connection with a
public gathering or special event for which a permit has been issued
pursuant to Sec. 2.50 or Sec. 2.51.
(b) Violation of the terms and conditions of a permit issued in
accordance with section is prohibited and may result in the suspension
or revocation of the permit.
Sec. 2.13 Fires.
(a) The following are prohibited:
(1) Lighting or maintaining a fire, except in designated areas or
receptacles and under conditions that may be established by the
superintendent.
(2) Using stoves or lanterns in violation of established
restrictions.
(3) Lighting, tending, or using a fire, stove or lantern in a manner
that threatens, causes damage to, or results in the burning of property,
real property or park resources, or creates a public safety hazard.
(4) Leaving a fire unattended.
(5) Throwing or discarding lighted or smoldering material in a
manner that threatens, causes damage to, or results in the burning of
property or park resources, or creates a public safety hazard.
(b) Fires shall be extinguished upon termination of use and in
accordance with such conditions as may be established by the
superintendent. Violation of these conditions is prohibited.
(c) During periods of high fire danger, the superintendent may close
all or a portion of a park area to the lighting or maintaining of a
fire.
(d) The regulations contained in this section apply, regardless of
land ownership, on all lands and waters within a park area that are
under the legislative jurisdiction of the United States.
[48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987]
Sec. 2.14 Sanitation and refuse.
(a) The following are prohibited:
(1) Disposing of refuse in other than refuse receptacles.
(2) Using government refuse receptacles or other refuse facilities
for dumping household, commercial, or industrial refuse, brought as such
from private or municipal property, except in accordance with conditions
established by the superintendent.
(3) Depositing refuse in the plumbing fixtures or vaults of a toilet
facility.
(4) Draining refuse from a trailer or other vehicle, except in
facilities provided for such purpose.
(5) Bathing, or washing food, clothing, dishes, or other property at
public water outlets, fixtures or pools, except at those designated for
such purpose.
(6) Polluting or contaminating park area waters or water courses.
(7) Disposing of fish remains on land, or in waters within 200 feet
of boat docks or designated swimming beaches, or within developed areas,
except as otherwise designated.
(8) In developed areas, the disposal of human body waste, except at
designated locations or in fixtures provided for that purpose.
(9) In nondeveloped areas, the disposal of human body waste within
100 feet of a water source, high water mark of a body of water, or a
campsite, or
[[Page 26]]
within sight of a trail, except as otherwise designated.
(b) The superintendent may establish conditions concerning the
disposal, containerization, or carryout of human body waste. Violation
of these conditions is prohibited.
Sec. 2.15 Pets.
(a) The following are prohibited:
(1) Possessing a pet in a public building, public transportation
vehicle, or location designated as a swimming beach, or any structure or
area closed to the possession of pets by the superintendent. This
subparagraph shall not apply to guide dogs accompanying visually
impaired persons or hearing ear dogs accompanying hearing-impaired
persons.
(2) Failing to crate, cage, restrain on a leash which shall not
exceed six feet in length, or otherwise physically confine a pet at all
times.
(3) Leaving a pet unattended and tied to an object, except in
designated areas or under conditions which may be established by the
superintendent.
(4) Allowing a pet to make noise that is unreasonable considering
location, time of day or night, impact on park users, and other relevant
factors, or that frightens wildlife by barking, howling, or making other
noise.
(5) Failing to comply with pet excrement disposal conditions which
may be established by the superintendent.
(b) In park areas where hunting is allowed, dogs may be used in
support of these activities in accordance with applicable Federal and
State laws and in accordance with conditions which may be established by
the superintendent.
(c) Pets or feral animals that are running-at-large and observed by
an authorized person in the act of killing, injuring or molesting
humans, livestock, or wildlife may be destroyed if necessary for public
safety or protection of wildlife, livestock, or other park resources.
(d) Pets running-at-large may be impounded, and the owner may be
charged reasonable fees for kennel or boarding costs, feed, veterinarian
fees, transportation costs, and disposal. An impounded pet may be put up
for adoption or otherwise disposed of after being held for 72 hours from
the time the owner was notified of capture or 72 hours from the time of
capture if the owner is unknown.
(e) Pets may be kept by residents of park areas consistent with the
provisions of this section and in accordance with conditions which may
be established by the superintendent. Violation of these conditions is
prohibited.
(f) This section does not apply to dogs used by authorized Federal,
State and local law enforcement officers in the performance of their
official duties.
Sec. 2.16 Horses and pack animals.
The following are prohibited:
(a) The use of animals other than those designated as ``pack
animals'' for purposes of transporting equipment.
(b) The use of horses or pack animals outside of trails, routes or
areas designated for their use.
(c) The use of horses or pack animals on a park road, except: (1)
Where such travel is necessary to cross to or from designated trails, or
areas, or privately owned property, and no alternative trails or routes
have been designated; or (2) when the road has been closed to motor
vehicles.
(d) Free-trailing or loose-herding of horses or pack animals on
trails, except as designated.
(e) Allowing horses or pack animals to proceed in excess of a slow
walk when passing in the immediate vicinity of persons on foot or
bicycle.
(f) Obstructing a trail, or making an unreasonable noise or gesture,
considering the nature and purpose of the actor's conduct, and other
factors that would govern the conduct of a reasonably prudent person,
while horses or pack animals are passing.
(g) Violation of conditions which may be established by the
superintendent concerning the use of horses or pack animals.
Sec. 2.17 Aircraft and air delivery.
(a) The following are prohibited:
(1) Operating or using aircraft on lands or waters other than at
locations designated pursuant to special regulations.
(2) Where a water surface is designated pursuant to paragraph (a)(1)
of this section, operating or using aircraft under power on the water
within 500
[[Page 27]]
feet of locations designated as swimming beaches, boat docks, piers, or
ramps, except as otherwise designated.
(3) Delivering or retrieving a person or object by parachute,
helicopter, or other airborne means, except in emergencies involving
public safety or serious property loss, or pursuant to the terms and
conditions of a permit.
(b) The provisions of this section, other than paragraph (c) of this
section, shall not be applicable to official business of the Federal
government, or emergency rescues in accordance with the directions of
the superintendent, or to landings due to circumstances beyond the
control of the operator.
(c)(1) Except as provided in paragraph (c)(3) of this section, the
owners of a downed aircraft shall remove the aircraft and all component
parts thereof in accordance with procedures established by the
superintendent. In establishing removal procedures, the superintendent
is authorized to: (i) Establish a reasonable date by which aircraft
removal operations must be complete; (ii) determine times and means of
access to and from the downed aircraft; and (iii) specify the manner or
method of removal.
(2) Failure to comply with procedures and conditions established
under paragraph (c)(1) of this section is prohibited.
(3) The superintendent may waive the requirements of paragraph
(c)(1) of this section or prohibit the removal of downed aircraft, upon
a determination that: (i) The removal of downed aircraft would
constitute an unacceptable risk to human life; (ii) the removal of a
downed aircraft would result in extensive resource damage; or (iii) the
removal of a downed aircraft is impracticable or impossible.
(d) The use of aircraft shall be in accordance with regulations of
the Federal Aviation Administration. Such regulations are adopted as a
part of these regulations.
(e) The operation or use of hovercraft is prohibited.
(f) Violation of the terms and conditions of a permit issued in
accordance with this section is prohibited and may result in the
suspension or revocation of the permit.
Sec. 2.18 Snowmobiles.
(a) Notwithstanding the definition of vehicle set forth in Sec. 1.4
of this chapter, the provisions of Sec. Sec. 4.4, 4.12, 4.13, 4.14,
4.20, 4.21, 4.22 and 4.23 of this chapter apply to the operation of a
snowmobile.
(b) Except as otherwise provided in this section, the laws of the
State in which the exterior boundaries of a park area or a portion
thereof is located shall govern equipment standards and the operation of
snowmobiles. Nonconflicting State laws are adopted as a part of these
regulations.
(c) The use of snowmobiles is prohibited, except on designated
routes and water surfaces that are used by motor vehicles or motorboats
during other seasons. Routes and water surfaces designated for
snowmobile use shall be promulgated as special regulations. Snowmobiles
are prohibited except where designated and only when their use is
consistent with the park's natural, cultural, scenic and aesthetic
values, safety considerations, park management objectives, and will not
disturb wildlife or damage park resources.
(d) The following are prohibited:
(1) Operating a snowmobile that makes excessive noise. Excessive
noise for snowmobiles manufactured after July 1, 1975 is a level of
total snowmobile noise that exceeds 78 decibels measured on the A-
weighted scale measured at 50 feet. Snowmobiles manufactured between
July 1, 1973 and July 1, 1975 shall not register more than 82 decibels
on the A-weighted scale at 50 feet. Snowmobiles manufactured prior to
July 1, 1973 shall not register more than 86 decibels on the A-weighted
scale at 50 feet. All decibel measurements shall be based on snowmobile
operation at or near full throttle.
(2) Operating a snowmobile without a lighted white headlamp and red
taillight from one half-hour after sunset to one half-hour before
sunrise, or when persons and vehicles are not clearly visible for a
distance of 500 feet.
(3) Operating a snowmobile that does not have brakes in good working
order.
(4) Racing, or operating a snowmobile in excess of 45 mph, unless
restricted in accordance with Sec. 4.22 of this chapter or otherwise
designated.
[[Page 28]]
(e) Except where State law prescribes a different minimum age or
qualification for the person providing direct supervision and
accompaniment, the following are prohibited:
(1) The operation of a snowmobile by a person under 16 years of age
unless accompanied and supervised within line of sight by a responsible
person 21 years of age or older;
(2) The operation of a snowmobile by a person under 12 years of age,
unless accompanied on the same machine by a responsible person 21 years
of age or older; or
(3) The supervision by one person of the operation of snowmobiles by
more than one person under 16 years of age.
[48 FR 30282, June 30, 1983, as amended at 52 FR 10683, Apr. 2, 1987]
Sec. 2.19 Winter activities.
(a) Skiing, snowshoeing, ice skating, sledding, innertubing,
tobogganing and similar winter sports are prohibited on park roads and
in parking areas open to motor vehicle traffic, except as otherwise
designated.
(b) The towing of persons on skis, sleds, or other sliding devices
by motor vehicle or snowmobile is prohibited, except in designated areas
or routes. This paragraph shall not apply to sleds designed to be towed
behind snowmobiles and joined to the snowmobile with a rigid hitching
mechanism.
(c) Failure to abide by area designations or activity restrictions
established under this section is prohibited.
Sec. 2.20 Skating, skateboards, and similar devices.
Using roller skates, skateboards, roller skis, coasting vehicles, or
similar devices is prohibited, except in designated areas.
Sec. 2.21 Smoking.
(a) The superintendent may designate a portion of a park area, or
all or a portion of a building, structure or facility as closed to
smoking when necessary to protect park resources, reduce the risk of
fire, or prevent conflicts among visitor use activities. Smoking in an
area or location so designated is prohibited.
(b) Smoking is prohibited within all caves and caverns.
Sec. 2.22 Property.
(a) The following are prohibited:
(1) Abandoning property.
(2) Leaving property unattended for longer than 24 hours, except in
locations where longer time periods have been designated or in
accordance with conditions established by the superintendent.
(3) Failing to turn in found property to the superintendent as soon
as practicable.
(b) Impoundment of property. (1) Property determined to be left
unattended in excess of an allowed period of time may be impounded by
the superintendent.
(2) Unattended property that interferes with visitor safety, orderly
management of the park area, or presents a threat to park resources may
be impounded by the superintendent at any time.
(3) Found or impounded property shall be inventoried to determine
ownership and safeguard personal property.
(4) The owner of record is responsible and liable for charges to the
person who has removed, stored, or otherwise disposed of property
impounded pursuant to this section; or the superintendent may assess the
owner reasonable fees for the impoundment and storage of property
impounded pursuant to this section.
(c) Disposition of property. (1) Unattended property impounded
pursuant to this section shall be deemed to be abandoned unless claimed
by the owner or an authorized representative thereof within 60 days. The
60-day period shall begin when the rightful owner of the property has
been notified, if the owner can be identified, or from the time the
property was placed in the superintendent's custody, if the owner cannot
be identified.
(2) Unclaimed, found property shall be stored for a minimum period
of 60 days and, unless claimed by the owner or an authorized
representative thereof, may be claimed by the finder, provided that the
finder is not an employee of the National Park Service. Found property
not claimed by the owner or an authorized representative or the finder
shall be deemed abandoned.
[[Page 29]]
(3) Abandoned property shall be disposed of in accordance with title
41 Code of Federal Regulations.
(4) Property, including real property, located within a park area
and owned by a deceased person, shall be disposed of in accordance with
the laws of the State within whose exterior boundaries the property is
located.
(d) The regulations contained in paragraphs (a)(2), (b) and (c) of
this section apply, regardless of land ownership, on all lands and
waters within a park area that are under the legislative jurisdiction of
the United States.
[48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987]
Sec. 2.23 Recreation fees.
(a) Recreation fees shall be established as provided for in part 71
of this chapter.
(b) Entering designated entrance fee areas or using specialized
sites, facilities, equipment or services, or participating in group
activities, recreation events, or other specialized recreation uses for
which recreation fees have been established without paying the required
fees and possessing the applicable permits is prohibited. Violation of
the terms and conditions of a permit issued in accordance with part 71
is prohibited and may result in the suspension or revocation of the
permit.
(c) The superintendent may, when in the public interest, prescribe
periods during which the collection of recreation fees shall be
suspended.
Sec. 2.30 Misappropriation of property and services.
(a) The following are prohibited:
(1) Obtaining or exercising unlawful possession over the property of
another with the purpose to deprive the owner of the property.
(2) Obtaining property or services offered for sale or compensation
without making payment or offering to pay.
(3) Obtaining property or services offered for sale or compensation
by means of deception or a statement of past, present or future fact
that is instrumental in causing the wrongful transfer of property or
services, or using stolen, forged, expired revoked or fraudulently
obtained credit cards or paying with negotiable paper on which payment
is refused.
(4) Concealing unpurchased merchandise on or about the person
without the knowledge or consent of the seller or paying less than
purchase price by deception.
(5) Acquiring or possessing the property of another, with knowledge
or reason to believe that the property is stolen.
(b) The regulations contained in this section apply, regardless of
land ownership, on all lands and waters within a park area that are
under the legislative jurisdiction of the United States.
[48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987]
Sec. 2.31 Trespassing, tampering and vandalism.
(a) The following are prohibited:
(1) Trespassing. Trespassing, entering or remaining in or upon
property or real property not open to the public, except with the
express invitation or consent of the person having lawful control of the
property or real property.
(2) Tampering. Tampering or attempting to tamper with property or
real property, or moving, manipulating or setting in motion any of the
parts thereof, except when such property is under one's lawful control
or possession.
(3) Vandalism. Destroying, injuring, defacing, or damaging property
or real property.
(4) Harassment. Intentional or reckless harassment of park visitors
with physical contact.
(5) Obstruction. Intentional or reckless obstruction of any
sidewalk, trail, highway, building entranceway, railroad track, or
public utility right-of-way, or other public passage, whether alone or
with others. The mere gathering of persons to hear a speaker
communicate, or simply being a member of such a gathering, does not
constitute obstruction. An official may make a reasonable request or
order that one or more persons move in order to prevent obstruction of a
public passage, and refusal of such an order constitutes obstruction.
[[Page 30]]
(b) The regulations contained in this section apply, regardless of
land ownership, on all lands and waters within a park area that are
under the legislative jurisdiction of the United States.
[48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987;
75 FR 64153, Oct. 19, 2010]
Sec. 2.32 Interfering with agency functions.
(a) The following are prohibited:
(1) Interference. Threatening, resisting, intimidating, or
intentionally interfering with a government employee or agent engaged in
an official duty, or on account of the performance of an official duty.
(2) Lawful order. Violating the lawful order of a government
employee or agent authorized to maintain order and control public access
and movement during fire fighting operations, search and rescue
operations, wildlife management operations involving animals that pose a
threat to public safety, law enforcement actions, and emergency
operations that involve a threat to public safety or park resources, or
other activities where the control of public movement and activities is
necessary to maintain order and public safety.
(3) False information. Knowingly giving a false or fictitious report
or other false information: (i) To an authorized person investigating an
accident or violation of law or regulation or; (ii) on an application
for a permit.
(4) False Report. Knowingly giving a false report for the purpose of
misleading a government employee or agent in the conduct of official
duties, or making a false report that causes a response by the United
States to a fictitious event.
(b) The regulations contained in this section apply, regardless of
land ownership, on all lands and waters within a park area that are
under the legislative jurisdiction of the United States.
[48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987]
Sec. 2.33 Report of injury or damage.
(a) A person involved in an incident resulting in personal injury or
property damage exceeding $300, other than an accident reportable under
Sec. Sec. 3.4 or 4.4 of this chapter, shall report the incident to the
superintendent as soon as possible. This notification does not satisfy
reporting requirements imposed by applicable State law.
(b) Failure to report an incident in accordance with paragraph (a)
of this section is prohibited.
[48 FR 30282, June 30, 1983, as amended at 52 FR 10683, Apr. 2, 1987]
Sec. 2.34 Disorderly conduct.
(a) A person commits disorderly conduct when, with intent to cause
public alarm, nuisance, jeopardy or violence, or knowingly or recklessly
creating a risk thereof, such person commits any of the following
prohibited acts:
(1) Engages in fighting or threatening, or in violent behavior.
(2) Uses language, an utterance, or gesture, or engages in a display
or act that is obscene, physically threatening or menacing, or done in a
manner that is likely to inflict injury or incite an immediate breach of
the peace.
(3) Makes noise that is unreasonable, considering the nature and
purpose of the actor's conduct, location, time of day or night, and
other factors that would govern the conduct of a reasonably prudent
person under the circumstances.
(4) Creates or maintains a hazardous or physically offensive
condition.
(b) The regulations contained in this section apply, regardless of
land ownership, on all lands and waters within a park area that are
under the legislative jurisdiction of the United States.
[48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987]
Sec. 2.35 Alcoholic beverages and controlled substances.
(a) Alcoholic beverages. (1) The use and possession of alcoholic
beverages within park areas is allowed in accordance with the provisions
of this section.
(2) The following are prohibited:
(i) The sale or gift of an alcoholic beverage to a person under 21
years of age, except where allowed by State law. In a State where a
lower minimum age is established, that age limit will apply for purposes
of this subparagraph.
(ii) The possession of an alcoholic beverage by a person under 21
years of
[[Page 31]]
age, except where allowed by State law. In a State where a lower minimum
age is established, that age will apply for purposes of this
subparagraph.
(3)(i) The superintendent may close all or a portion of a public use
area or public facility within a park area to the consumption of
alcoholic beverages and/or to the possession of a bottle, can or other
receptacle containing an alcoholic beverage that is open, or that has
been opened, or whose seal is broken or the contents of which have been
partially removed. Provided however, that such a closure may only be
implemented following a determination made by the superintendent that:
(A) The consumption of an alcoholic beverage or the possession of an
open container of an alcoholic beverage would be inappropriate
considering other uses of the location and the purpose for which it is
maintained or established; or
(B) Incidents of aberrant behavior related to the consumption of
alcoholic beverages are of such magnitude that the diligent application
of the authorities in this section and Sec. Sec. 1.5 and 2.34 of this
chapter, over a reasonable time period, does not alleviate the problem.
(ii) A closure imposed by the superintendent does not apply to an
open container of an alcoholic beverage that is stored in compliance
with the provisions of Sec. 4.14 of this chapter.
(iii) Violating a closure imposed pursuant to this section is
prohibited.
(b) Controlled substances. The following are prohibited:
(1) The delivery of a controlled substance, except when distribution
is made by a practitioner in accordance with applicable law. For the
purposes of this paragraph, delivery means the actual, attempted or
constructive transfer of a controlled substance whether or not there
exists an agency relationship.
(2) The possession of a controlled substance, unless such substance
was obtained by the possessor directly, or pursuant to a valid
prescription or order, from a practitioner acting in the course of
professional practice or otherwise allowed by Federal or State law.
(c) Presence in a park area when under the influence of alcohol or a
controlled substance to a degree that may endanger oneself or another
person, or damage property or park resources, is prohibited.
[48 FR 30282, June 30, 1983, as amended at 52 FR 10683, Apr. 2, 1987]
Sec. 2.36 Gambling.
(a) Gambling in any form, or the operation of gambling devices, is
prohibited.
(b) This regulation applies, regardless of land ownership, on all
lands and waters within a park area that are under the legislative
jurisdiction of the United States.
[48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987]
Sec. 2.37 Noncommercial soliciting.
Soliciting or demanding gifts, money, goods or services is
prohibited, except pursuant to the terms and conditions of a permit that
has been issued under Sec. 2.50, Sec. 2.51 or Sec. 2.52.
Sec. 2.38 Explosives.
(a) Using, possessing, storing, or transporting explosives, blasting
agents or explosive materials is prohibited, except pursuant to the
terms and conditions of a permit. When permitted, the use, possession,
storage and transportation shall be in accordance with applicable
Federal and State laws.
(b) Using or possessing fireworks and firecrackers is prohibited,
except pursuant to the terms and conditions of a permit or in designated
areas under such conditions as the superintendent may establish, and in
accordance with applicable State law.
(c) Violation of the conditions established by the superintendent or
of the terms and conditions of a permit issued in accordance with this
section is prohibited and may result in the suspension or revocation of
the permit.
Sec. 2.50 Special events.
(a) Sports events, pageants, regattas, public spectator attractions,
entertainments, ceremonies, and similar events are allowed: Provided,
however, There is a meaningful association between the park area and the
events, and the observance contributes to visitor understanding of the
significance of the park area, and a permit therefor has been
[[Page 32]]
issued by the superintendent. A permit shall be denied if such
activities would:
(1) Cause injury or damage to park resources; or
(2) Be contrary to the purposes for which the natural, historic,
development and special use zones were established; or unreasonably
impair the atmosphere of peace and tranquility maintained in wilderness,
natural, historic, or commemorative zones.
(3) Unreasonably interfere with interpretive, visitor service, or
other program activities, or with the administrative activities of the
National Park Service; or
(4) Substantially impair the operation of public use facilities or
services of National Park Service concessioners or contractors; or
(5) Present a clear and present danger to the public health and
safety; or
(6) Result in significant conflict with other existing uses.
(b) An application for such a permit shall set forth the name of the
applicant, the date, time, duration, nature and place of the proposed
event, an estimate of the number of persons expected to attend, a
statement of equipment and facilities to be used, and any other
information required by the superintendent. The application shall be
submitted so as to reach the superintendent at least 72 hours in advance
of the proposed event.
(c) As a condition of permit issuance, the superintendent may
require:
(1) The filing of a bond payable to the Director, in an amount
adequate to cover costs such as restoration, rehabilitation, and cleanup
of the area used, and other costs resulting from the special event. In
lieu of a bond, a permittee may elect to deposit cash equal to the
amount of the required bond.
(2) In addition to the requirements of paragraph (c)(1) of this
section, the acquisition of liability insurance in which the United
States is named as co-insured in an amount sufficient to protect the
United States.
(d) The permit may contain such conditions as are reasonably
consistent with protection and use of the park area for the purposes for
which it is established. It may also contain reasonable limitations on
the equipment used and the time and area within which the event is
allowed.
(e) Violation of the terms and conditions of a permit issued in
accordance with this section is prohibited and may result in the
suspension or revocation of the permit.
[48 FR 30282, June 30, 1983; 48 FR 31847, July 11, 1983]
Sec. 2.51 Demonstrations and designated available park areas.
(a) Demonstrations. The term ``demonstrations'' includes
demonstrations, picketing, speechmaking, marching, holding vigils or
religious services, and all other like forms of conduct that involve the
communication or expression of views or grievances, engaged in by one or
more persons, the conduct of which is reasonably likely to attract a
crowd or onlookers. This term does not include casual park use by
visitors or tourists that is not reasonably likely to attract a crowd or
onlookers.
(b) Permits and the small group permit exception. Demonstrations are
allowed within park areas designated as available under paragraph (c)(2)
of this section, when the superintendent has issued a permit for the
activity, except that:
(1) Demonstrations involving 25 persons or fewer may be held without
a permit within designated park areas, provided that:
(i) None of the reasons for denying a permit that are set out in
paragraph (f) of this section are present;
(ii) The group is not merely an extension of another group already
availing itself of the small group permit exception under this
provision;
(iii) They will not unreasonably interfere with other permitted
demonstrations and special events, or park program activities; and
(iv) Hand-carried signs may be used, but stages, platforms, or
structures may not be used.
(2) While it is not mandatory, the organizer is requested to provide
reasonable notice of the proposed event to the park superintendent,
including whether there is any reason to believe that there may be an
attempt to disrupt, protest, or prevent the activity.
(3) The 25-person maximum for the small group permit exception may
be
[[Page 33]]
reduced for a designated available area, but only if:
(i) A written determination that a 25-person group cannot be
reasonably physically accommodated within that area is approved by the
regional director; and
(ii) The written determination is made available at the office of
the superintendent and by public notice under Sec. 1.7 of this chapter.
(4) In the event that two or more groups taking advantage of the
small group permit exception seek to use the same designated available
area at the same time, and the area cannot reasonably accommodate
multiple occupancy, the superintendent will, whenever possible, direct
the later-arriving group to relocate to another nearby designated
available area.
(c) Designated available park areas. (1) Locations may be designated
as available for demonstrations under this section, and for the sale or
distribution of printed matter and the free distribution of other
message-bearing items under Sec. 2.52, only if these activities would
not:
(i) Cause injury or damage to park resources;
(ii) Unreasonably impair the atmosphere of peace and tranquility
maintained in wilderness, natural, historic, or commemorative zones;
(iii) Unreasonably interfere with interpretive, visitor service, or
other program activities, or with the administrative activities of the
National Park Service;
(iv) Substantially impair the operation of public use facilities or
services of National Park Service concessioners, holders of commercial
use authorizations, or contractors;
(v) Present a clear and present danger to the public health and
safety; or
(vi) Be incompatible with the nature and traditional use of the
particular park area involved.
(2) The superintendent must designate on a map, which must be
available in the office of the superintendent and by public notice under
Sec. 1.7 of this chapter, the locations designated as available for
demonstrations, the sale or distribution of printed matter, and the free
distribution of other message bearing items.
(d) Application for permit. A permit application must provide:
(1) The name of the applicant or the name of the organization (if
any);
(2) The date, time, duration, nature, and place of the proposed
event;
(3) An estimate of the number of persons expected to attend;
(4) A statement of equipment and facilities to be used;
(5) Whether there is any reason to believe that there will be an
attempt to disrupt, protest, or prevent the event; and
(6) Any other information required by the permit application form.
(e) The superintendent must not accept an application more than one
year before the proposed event (including time required for set-up);
applications received more than a year in advance will be returned to
the applicant.
(f) Processing the application. The superintendent must issue a
permit or a written denial within ten days of receiving a complete and
fully executed application. A permit will be approved unless:
(1) The superintendent has granted or will grant a prior application
for a permit for the same time and place, and the activities authorized
by that permit do not reasonably allow multiple occupancy of that
particular area;
(2) It reasonably appears that the event will present a clear and
present danger to public health or safety;
(3) The event is of such nature or duration that it cannot
reasonably be accommodated in the particular location applied for,
considering such things as damage to park resources or facilities,
impairment of a protected area's atmosphere of peace and tranquility,
interference with program activities, or impairment of public use
facilities;
(4) The location applied for has not been designated as available
under paragraph (c)(2) of this section;
(5) The application was submitted more than one year before the
proposed event (including set-up); or
(6) The activity would constitute a violation of an applicable law
or regulation.
(g) Written denial of permit. If a permit is denied, the
superintendent will inform the applicant in writing of the denial and
the reasons for it.
[[Page 34]]
(h) Permit conditions. The permit may contain conditions reasonably
consistent with the requirements of public health and safety, protection
of park resources, and the use of the park area for the purposes for
which it was established. It may also contain reasonable limitations on
the equipment used and the time and area within which the event is
allowed.
(i) Permit duration. (1) Permits may be issued for a maximum of 14
consecutive days.
(2) A permit may be extended for up to 14 days, but a new
application must be submitted for each extension requested.
(3) The extension may be denied if another applicant has requested
use of the same location and the location cannot reasonably accommodate
multiple occupancy.
(j) Violation prohibited. Violation of these regulations or the
terms of the permit is prohibited.
(k) Permit revocation, termination of small group exception. (1) The
superintendent may revoke a permit for any violation of its terms and
conditions.
(2) The superintendent may revoke a permit, or order a small group
permit exception activity to cease, when any of the conditions listed in
paragraph (f) of this section exist.
(3) The superintendent will make the revocation or order to cease in
writing, with the reasons clearly set forth. In emergency circumstances
the superintendent will make an immediate verbal revocation or order to
cease, followed by written confirmation within 72 hours.
[75 FR 64153, Oct. 19, 2010, as amended at 78 FR 37717, June 24, 2013;
80 FR 36476, June 25, 2015; 83 FR 2068, Jan. 16, 2018]
Sec. 2.52 Sale of printed matter and the distribution of printed
matter and other message-bearing items.
(a) Printed matter and other message-bearing items. The term
``printed matter'' means message-bearing textual printed material such
as books, pamphlets, magazines, and leaflets, provided that it is not
solely commercial advertising. The term ``other message-bearing items''
means a message-bearing item that is not ``printed matter'' and is not
solely commercial advertising. Other message-bearing items include, but
are not limited to: Readable electronic media such as CDs, DVDs, and
flash drives; clothing and accessories such as hats and key chains;
buttons; pins; and bumper stickers.
(b) Permits and the small group permit exception. The sale or
distribution of printed matter, and the free distribution of other
message-bearing items without asking for or demanding payment or
donation, is allowed within park areas if it occurs in an area
designated as available under Sec. 2.51(c)(2) and when the
superintendent has issued a permit for the activity, except that:
(1) Sale or distribution activity by 25 persons or fewer may be
conducted without a permit within designated park areas, provided that:
(i) None of the reasons for denying a permit that are set out in
paragraph (e) of this section are present;
(ii) The group is not merely an extension of another group already
availing itself of the small group permit exception under this
provision;
(iii) The sale or distribution will not unreasonably interfere with
other permitted demonstrations and special events, or program
activities; and
(iv) Hand-carried signs may be used, but stages, platforms, or
structures may not be used.
(2) While it is not mandatory, the organizer is requested to provide
reasonable notice of the proposed event to the park superintendent,
including whether there is any reason to believe that there may be an
attempt to disrupt, protest, or prevent the activity.
(3) The 25-person maximum for the small group permit exception may
be reduced for a designated available area, but only if:
(i) A written determination that a 25-person group cannot be
reasonably physically accommodated within that area is approved by the
regional director; and
(ii) The written determination is made available at the office of
the superintendent and by public notice under Sec. 1.7 of this chapter.
(4) In the event that two or more groups taking advantage of the
small group permit exception seek to use the same designated available
area at the
[[Page 35]]
same time, and the area cannot reasonably accommodate multiple
occupancy, the superintendent will, whenever possible, direct the later
arriving group to relocate to another nearby designated available area.
(c) Application for permit. An application must provide:
(1) The name of the applicant or the name of the organization (if
any);
(2) The date, time, duration, nature, and place of the proposed
event;
(3) An estimate of the number of persons expected to attend;
(4) A statement of equipment and facilities to be used;
(5) Whether there is any reason to believe that there will be an
attempt to disrupt, protest, or prevent the event; and
(6) Any other information required by the permit application form.
(d) The superintendent must not accept an application more than one
year before the proposed event (including time required for set-up);
applications received more than a year in advance will be returned to
the applicant.
(e) Processing the application. The superintendent must issue a
permit or a written denial within ten days of receiving a complete and
fully executed application. A permit will be approved unless:
(1) The superintendent has granted or will grant a prior application
for a permit for the same time and place, and the activities authorized
by that permit do not reasonably allow multiple occupancy of the
particular area;
(2) It reasonably appears that the sale or distribution will present
a clear and present danger to the public health and safety;
(3) The number of persons engaged in the sale or distribution
exceeds the number that can reasonably be accommodated in the particular
location applied for, considering such things as damage to park
resources or facilities, impairment of a protected area's atmosphere of
peace and tranquility, interference with program activities, or
impairment of public use facilities;
(4) The location applied for has not been designated as available
under Sec. 2.51(c)(2);
(5) The application was submitted more than one year before the
proposed event (including set-up); or
(6) The activity would constitute a violation of an applicable law
or regulation.
(f) Written denial of permit. If a permit is denied, the
superintendent will inform the applicant in writing of the denial and
the reasons for it.
(g) Permit conditions. The permit may contain conditions reasonably
consistent with the requirements of public health and safety, protection
of park resources, and the use of the park area for the purposes for
which it was established.
(h) Permit duration. (1) Permits may be issued for a maximum of 14
consecutive days.
(2) A permit may be extended for up to 14 days, but a new
application must be submitted for each extension requested.
(3) The extension may be denied if another applicant has requested
use of the same location and the location cannot reasonably accommodate
multiple occupancy.
(i) Misrepresentation. Persons engaged in the sale or distribution
of printed matter or the free distribution of other message-bearing
items under this section are prohibited from misrepresenting the
purposes or affiliations of those engaged in the sale or distribution,
and misrepresenting whether the printed matter or other message-bearing
items are available without cost or donation.
(j) Violation prohibited. Violation of these regulations or the
terms of the permit is prohibited.
(k) Permit revocation, termination of small group exception. (1) The
superintendent may revoke a permit for any violation of its terms and
conditions.
(2) The superintendent may revoke a permit, or order a small group
permit exception activity to cease, when any of the conditions listed in
paragraph (e) of this section exist.
(3) The superintendent will make the revocation or order to cease in
writing, with the reasons clearly set forth. In emergency circumstances
the superintendent will make an immediate
[[Page 36]]
verbal revocation or order to cease, followed by written confirmation
within 72 hours.
[75 FR 64154, Oct. 19, 2010, as amended at 78 FR 37717, June 24, 2013;
80 FR 36476, June 25, 2015; 83 FR 2069, Jan. 16, 2018]
Sec. 2.60 Livestock use and agriculture.
(a) The running-at-large, herding, driving across, allowing on,
pasturing or grazing of livestock of any kind in a park area or the use
of a park area for agricultural purposes is prohibited, except:
(1) As specifically authorized by Federal statutory law; or
(2) As required under a reservation of use rights arising from
acquisition of a tract of land; or
(3) As designated, when conducted as a necessary and integral part
of a recreational activity or required in order to maintain a historic
scene.
(b) Activities authorized pursuant to any of the exceptions provided
for in paragraph (a) of this section shall be allowed only pursuant to
the terms and conditions of a license, permit or lease. Violation of the
terms and conditions of a license, permit or lease issued in accordance
with this paragraph is prohibited and may result in the suspension or
revocation of the license, permit, or lease.
(c) Impounding of livestock. (1) Livestock trespassing in a park
area may be impounded by the superintendent and, if not claimed by the
owner within the periods specified in this paragraph, shall be disposed
of in accordance with applicable Federal and State law.
(2) In the absence of applicable Federal or State law, the livestock
shall be disposed of in the following manner:
(i) If the owner is known, prompt written notice of impoundment will
be served, and in the event of the owner's failure to remove the
impounded livestock within five (5) days from delivery of such notice,
it will be disposed of in accordance with this paragraph.
(ii) If the owner is unknown, disposal of the livestock shall not be
made until at least fifteen (15) days have elapsed from the date that a
notice of impoundment is originally published in a newspaper of general
circulation in the county in which the trespass occurs or, if no such
newspaper exists, notification is provided by other appropriate means.
(iii) The owner may redeem the livestock by submitting proof of
ownership and paying all expenses of the United States for capturing,
advertising, pasturing, feeding, impounding, and the amount of damage to
public property injured or destroyed as a result of the trespass.
(iv) In determining the claim of the government in a livestock
trespass, the value of forage consumed shall be computed at the
commercial rates prevailing in the locality for the class of livestock
found in trespass. The claim shall include the pro rata salary of
employees for the time spent and the expenses incurred as a result of
the investigation, reporting, and settlement or prosecution of the
claim.
(v) If livestock impounded under this paragraph is offered at public
sale and no bid is received, or if the highest bid received is less than
the amount of the claim of the United States or of the officer's
appraised value of the livestock, whichever is the lesser amount, such
livestock, may be sold at private sale for the highest amount
obtainable, condemned and destroyed, or converted to the use of the
United States.
Sec. 2.61 Residing on Federal lands.
(a) Residing in park areas, other than on privately owned lands,
except pursuant to the terms and conditions of a permit, lease or
contract, is prohibited.
(b) Violation of the terms and conditions of a permit issued in
accordance with this section is prohibited and may result in the
suspension or revocation of the permit.
Sec. 2.62 Memorialization.
(a) The installation of a monument, memorial, tablet, structure, or
other commemorative installation in a park area without the
authorization of the Director is prohibited.
(b) The scattering of human ashes from cremation is prohibited,
except pursuant to the terms and conditions of a permit, or in
designated areas according to conditions which may be established by the
superintendent.
(c) Failure to abide by area designations and established conditions
is prohibited.
[[Page 37]]
(d) Violation of the terms and conditions of a permit issued in
accordance with this section is prohibited and may result in the
suspension or revocation of the permit.
PART 3_BOATING AND WATER USE ACTIVITIES--Table of Contents
Sec.
3.1 What is the applicability and scope of this part?
3.2 Do other boating laws and regulations apply to me when I operate my
boat on park waters?
3.3 Am I required to obtain a permit to operate a vessel in a park area?
3.4 For what purposes may my vessel be inspected?
3.5 Do I have to report an accident involving a vessel to the National
Park Service?
3.6 What are the requirements to operate a power driven vessel?
3.7 What are the NPS Personal Flotation Device (PFD) requirements?
3.8 What vessel operations are prohibited?
3.9 May I operate my personal watercraft (PWC) in park waters?
3.10 What are the regulations regarding operating a vessel while under
the influence of alcohol and/or drugs?
3.11 When is testing for alcohol or drugs required?
3.12 May I use a vessel to tow a person for water skiing or other
similar activities?
3.13 What conditions apply to the use of Marine Sanitation Devices
(MSD)?
3.14 Am I required to remove a sunken, grounded, or disabled vessel?
3.15 What is the maximum noise level for the operation of a vessel?
3.16 May I swim or wade in park waters?
3.17 What regulations apply to swimming areas and beaches?
3.18 May I snorkel or underwater dive in park waters?
3.19 May I operate a submersible within park waters?
Authority: 54 U.S.C. 100101, 100751, 320102.
Source: 72 FR 13702, Mar. 23, 2007, unless otherwise noted.
Sec. 3.1 What is the applicability and scope of this part?
The applicability of the regulations in this part is described in
Sec. 1 .2 of this chapter.
Sec. 3.2 Do other boating laws and regulations apply to me when I
operate my boat on park waters?
(a) In addition to the regulations contained in this part, the NPS
adopts applicable laws and regulations of the United States Coast Guard.
The USCG laws and regulations are found in Title 14 United States Code,
Title 33 United States Code, Title 46 United States Code, and 33 CFR
chapter I, 46 CFR chapter I and III and 49 CFR chapter IV. NPS applies
the adopted laws and regulations to vessels and their operation on all
waters (navigable and non-navigable) subject to NPS jurisdiction.
Therefore, Federal regulations authorizing an action by the ``captain of
the port'' or another officer or employee of the United States Coast
Guard, authorize a like action by the superintendent.
(b) Except to the extent that directives of the United States Coast
Guard have expressly or implicitly preempted inconsistent state laws and
regulations or as otherwise provided by subsection (a), vessels and
their operation on all waters subject to NPS jurisdiction are governed
by non-conflicting boating safety laws and regulations of the State
within whose interior boundaries a park area or portion thereof is
located.
Sec. 3.3 Am I required to obtain a permit to operate a vessel in a
park area?
Generally, you are not required to obtain a permit to operate a
vessel in a park area. However, in certain circumstances, taking into
consideration public safety, protection of park resources, and weather
and park management objectives, the superintendent may require a permit
for use of a vessel within a park area, under Sec. Sec. 1.5 and 1.7,
and will issue permits consistent with Sec. 1.6 of this chapter.
Sec. 3.4 For what purposes may my vessel be inspected?
(a) An authorized person may at any time stop and/or board a vessel
to examine documents, licenses or permits relating to operation of the
vessel, and to inspect the vessel to determine compliance with
regulations pertaining to
[[Page 38]]
safety equipment, vessel capacity, marine sanitation devices, and other
pollution and noise abatement requirements.
(b) An authorized person who identifies a vessel being operated
without sufficient life saving or firefighting devices, in an overloaded
or other unsafe condition, as defined in United States Coast Guard
regulations, or in violation of a noise level specified in Sec. 3.15(a)
of this part, may direct the operator to suspend further use of the
vessel until the condition is corrected.
Sec. 3.5 Do I have to report an accident involving a vessel to the
National Park Service?
(a) The operator of a vessel involved in an accident must report the
accident to the superintendent as soon as practical, but in any event
within 24 hours of the accident, if the accident involves:
(1) Total property damage of $2000 or more; or
(2) Injury, or death or disappearance of a person
(b) If the operator is physically incapable of making the report,
the owner or an occupant of the vessel must report the accident to the
superintendent.
(c) Filing a report with the superintendent may satisfy applicable
United States Coast Guard, State, and local accident reporting
requirements. Superintendents will forward the accident report to the
appropriate reporting authority in a timely manner that complies with
the requirements of 33 CFR 173.55.
Sec. 3.6 What are the requirements to operate a power driven vessel?
(a) To operate a power-driven vessel on park waters, a person must
be either:
(1) At least 16 years old; or
(2) Between 12 and 15 years old and accompanied on the vessel by a
person at least 18 years old.
(b) If a park area is located within a State having different age
requirements, then the applicable State law is adopted in lieu of
paragraph (a) of this section.
(c) If a park area is located within a State having a mandatory
boater education requirement, then that State requirement is adopted.
Sec. 3.7 What are the NPS Personal Floatation Device (PFD)
requirements?
(a) All requirements in Title 33 CFR part 175 related to PFDs are
adopted.
(b) The Superintendent may require that a PFD be worn or carried on
designated waters, at designated times and/or during designated water
based activities in accordance with Sec. Sec. 1.5 and 1.7 of this
chapter.
Sec. 3.8 What vessel operations are prohibited?
(a) The following operations are prohibited:
(1) Launching or operating an airboat.
(2) Launching or recovering a vessel, except at a launch site
designated by the superintendent.
(3) Operating a power-driven vessel on waters not accessible by
road.
(4) Operating a vessel in excess of a length, width, or horsepower
restriction established by the superintendent in accordance with
Sec. Sec. 1.5 and 1.7 of this chapter. For the purposes of this
paragraph, vessel length is measured according to criteria established
in 46 CFR chapter I or 33 CFR chapter I.
(b) The following operations are inherently unsafe and therefore
prohibited:
(1) Operating a power-driven or sailing vessel within 100 feet of a
diver's flag except a vessel in support of dive operations, which may
not be operated in excess of flat wake speed.
(2) Failing to observe restriction(s) established by a regulatory
marker.
(3) Operating a vessel in excess of flat wake speed in designated
areas.
(4) Operating a vessel in excess of flat wake speed within 100 feet
of:
(i) A downed water skier;
(ii) A person swimming, wading, fishing from shore or floating with
the aid of a flotation device;
(iii) A designated launch site; or
(iv) A manually propelled, anchored or drifting vessel. If the park
is located within a State specifying different conditions, then that
State law is adopted in lieu of this paragraph.
(5) Unless a designated area is marked otherwise, operating a power-
[[Page 39]]
driven or sailing vessel within 500 feet of a shoreline designated as a
swimming beach. This prohibition does not apply in locations such as a
river, channel, or narrow cove where passage is restricted to less than
500 feet. In such restrictive locations where swim beaches are
designated, the operation of a vessel in excess of a flat wake speed is
prohibited.
(6) Operating a power-driven vessel while a person is riding on the
decking over the bow, gunwales, top edge of the transom, motor cover, or
in any other unsafe position when the vessel is being operated. This
provision does not apply when that portion of the vessel is designed and
constructed for the purpose of carrying passengers safely at all speeds
or when the vessel is maneuvering for anchoring, docking or mooring.
(7) Operating a power driven vessel engine/s or generator with a
person sitting, riding or hanging on to a swim platform or swim ladder.
(8) Operating a vessel, or knowingly allowing another person to
operate a vessel in a negligent manner, by failing to exercise that
degree of care which a reasonable person, under like circumstances,
would demonstrate in order to prevent the endangering of the life, limb,
or property of a person(s) through the operator's lack of knowledge,
inattention, or general carelessness.
(9) Operating a vessel or knowingly allowing another person to
operate a vessel in a grossly negligent manner, by willfully and
wantonly creating an unreasonable risk of harm to person(s) or property,
regardless of whether the operator intended to cause harm.
Sec. 3.9 May I operate my personal watercraft (PWC) in park waters?
(a) A person may operate a PWC only in park areas where authorized
by special regulation. Special regulations may only be promulgated in
the 21 parks listed in the following table:
------------------------------------------------------------------------
Name Water type State
------------------------------------------------------------------------
Amistad National Recreation Area.. Impounded Lake........ TX
Assateague Island National Open Ocean/Bay........ MD/VA
Seashore.
Bighorn Canyon National Recreation Impounded Lake........ MT
Area.
Big Thicket National Preserve..... River................. TX
Cape Cod National Seashore........ Open Ocean/Bay........ MA
Cape Lookout National Seashore.... Open Ocean/Bay........ NC
Chickasaw National Recreation Area Impounded Lake........ OK
Cumberland Island National Open Ocean/Bay........ GA
Seashore.
Curecanti National Recreation Area Impounded Lake........ CO
Delaware Water Gap................ River................. PA/NJ
Fire Island National Seashore..... Open Ocean/Bay........ NY
Gateway National Recreation Area.. Open Ocean/Bay........ NY
Glen Canyon National Recreation Impounded Lake........ AZ/UT
Area.
Gulf Islands National Seashore.... Open Ocean/Bay........ FL/MS
Indiana Dunes National Lakeshore.. Natural Lake.......... IN
Lake Mead National Recreation Area Impounded Lake........ AZ/NV
Lake Meredith National Recreation Impounded Lake........ TX
Area.
Lake Roosevelt National Recreation Impounded Lake........ WA
Area.
Padre Island National Seashore.... Open Ocean/Bay........ TX
Pictured Rocks National Lakeshore. Natural Lake.......... MI
Whiskeytown-Shasta-Trinity Impounded Lake........ CA
National Recreation Area.
------------------------------------------------------------------------
(b) Where authorized, operation of a PWC on park waters is subject
to the following conditions:
(1) No person may operate a PWC unless each person aboard is wearing
a Type I, II, III, or V PFD approved by the United States Coast Guard.
(2) A person operating a PWC equipped by the manufacturer with a
lanyard-type engine cut-off switch must attach such lanyard to his
person, clothing, or PFD, as appropriate for the specific vessel.
(3) No person may operate a PWC anytime between sunset and sunrise.
(4) No person may operate a PWC by jumping the wake, becoming
partially airborne or completely leaving the water while crossing the
wake of another vessel within 100 feet of the vessel creating the wake.
(5) If a park area is located within a State that has more
restrictive regulations for the operation of PWC, then applicable State
law applies in lieu of paragraphs (b)(1) through (b)(4) of this section.
[[Page 40]]
Sec. 3.10 What are the regulations regarding operating a vessel while
under the influence of alcohol and/or drugs?
(a) Operating or being in actual physical control of a vessel is
prohibited while:
(1) Under the influence of alcohol, a drug or drugs, or any
combination thereof, to a degree that renders the operator incapable of
safe operation; or
(2) The alcohol concentration in the operator's blood or breath is
0.08 grams or more of alcohol per 100 milliliters of blood or 0.08 grams
or more of alcohol per 210 liters of breath.
(b) If State law that applies to operating a vessel while under the
influence of alcohol establishes more restrictive limits of alcohol
concentration in the operator's blood or breath, those limits apply
rather than the limits specified in paragraph (a) of this section.
(c) The provisions of this section also apply to an operator who is
or has been legally entitled to use alcohol or drugs.
Sec. 3.11 When is testing for alcohol or drugs required?
(a) At the request or direction of an authorized person who has
probable cause to believe that an operator of a vessel has violated
provisions of Sec. 3.10, the operator must submit to one or more
testing procedures of the blood, breath, saliva or urine for the purpose
of determining blood alcohol and/or drug content.
(1) Refusal by an operator to submit to a test is prohibited and
proof of refusal may be admissible in any related judicial proceeding.
(2) Any test or tests for the presence of alcohol and drugs must be
determined by and administered at the direction of an authorized person.
(3) Any test must be conducted by using accepted scientific methods
and equipment of proven accuracy and reliability operated by personnel
certified in its use.
(b) The results of chemical or other quantitative tests are intended
to supplement the elements of probable cause used as the basis for the
arrest of an operator charged with a violation of Sec. 3.10. If the
alcohol concentration in the operator's blood or breath at the time of
testing is less than alcohol concentrations specified in Sec.
3.10(a)(2), this fact does not give rise to any presumption that the
operator is or is not under the influence of alcohol.
(c) The provisions of paragraph (b) of this section are not intended
to limit the introduction of any other competent evidence bearing upon
the question of whether the operator, at the time of the alleged
violation, was under the influence of alcohol, or a drug, or drugs, or
any combination thereof.
[72 FR 13702, Mar. 23, 2007, as amended at 80 FR 36476, June 25, 2015]
Sec. 3.12 May I use a vessel to tow a person for water skiing or other
similar activities?
(a) The towing of a person by a vessel is allowed only in designated
waters, and in accordance with conditions established by the
superintendent under Sec. Sec. 1.5 and 1.7 of this chapter.
(b) Towing a person using a parasail, hang-glider or other airborne
device may be allowed only in accordance with a permit issued by the
superintendent under Sec. 1.6 of this chapter.
(c) Where towing is designated, the following conditions apply:
(1) Towing is allowed only between the hours of sunrise and sunset.
(2) In addition to the boat operator, a person at least 12 years of
age must be present to observe the action of the person being towed.
(3) A person being towed must wear a United States Coast Guard
approved Type I, II, III, or V PFD.
(4) A person being towed may not commit any act in a manner that
endangers, or is likely to endanger, any person or damage property.
(5) Operating a vessel that does not have the capacity to carry the
person(s) being towed in addition to the operator and observer is
prohibited.
(6) No person shall operate a power driven vessel using a tow rope
20 feet or less in length when towing a person.
Sec. 3.13 What conditions apply to the use of Marine Sanitation Devices
(MSD)?
(a) Discharging sewage from any vessel, whether treated or not, in
any body of fresh water is prohibited.
[[Page 41]]
(b) The owner or operator of any vessel on park fresh water that is
equipped with toilet facilities and/or a MSD that is capable of
discharge, must lock or otherwise secure the valves or mechanism of the
device. Acceptable methods of securing the device include:
(1) Closing the seacock and removing the handle;
(2) Padlocking the seacock in the closed position;
(3) Using a non-releasable wire-tie to hold the seacock in the
closed position; or
(4) Locking the door to the space enclosing the toilets with a
padlock or door handle key lock.
(c) The superintendent may modify the requirements of this section
through a special regulation.
Sec. 3.14 Am I required to remove a sunken, grounded, or disabled
vessel?
(a) Except as provided in paragraph (b) of this section, the owners
or authorized salvager of a sunken, grounded, or disabled vessel must
remove the vessel, all component parts and equipment, and all associated
cargo thereof in accordance with procedures established by the
superintendent. In establishing removal procedures, the superintendent
is authorized to:
(1) Establish a reasonable date by which vessel removal operations
must be complete;
(2) Determine times and means of access to and from the vessel; and
(3) Specify the manner or method of removal.
(b) The superintendent may waive the requirements of paragraph (a)
of this section or prohibit removal of the vessel, equipment, or cargo
upon a written determination that:
(1) The removal would constitute an unacceptable risk to human life;
(2) The removal would result in extensive resource damage; or
(3) The removal is impracticable or impossible.
Sec. 3.15 What is the maximum noise level for the operation of a
vessel?
(a) A person may not operate a vessel at a noise level exceeding:
(1) 75dB(A) measured utilizing test procedures applicable to vessels
underway (Society of Automotive Engineers SAE--J1970); or
(2) 88dB(A) measured utilizing test procedures applicable to
stationary vessels (Society of Automotive Engineers SAE--J2005).
(b) An authorized person who has reason to believe that a vessel is
being operated in excess of the noise levels established in paragraph
(a) of this section may direct the operator of the vessel to submit the
vessel to an on-site test to measure the noise level.
Sec. 3.16 May I swim or wade in park waters?
Swimming or wading is allowed in waters, subject to closures or
restrictions designated by the superintendent in accordance with
Sec. Sec. 1.5 and 1.7 of this chapter.
Sec. 3.17 What regulations apply to swimming areas and beaches?
(a) The superintendent may designate areas as swimming areas or
swimming beaches in accordance with Sec. Sec. 1.5 and 1.7 of this
chapter.
(b) Within designated swimming areas, the use of a surfboard or
similar rigid device is prohibited.
(c) The superintendent may prohibit the use or possession of
flotation devices, glass containers, kites, or incompatible activities
in swimming areas or swimming beaches in accordance with Sec. Sec. 1.5
and 1.7 of this chapter.
Sec. 3.18 May I snorkel or underwater dive in park waters?
(a) Snorkeling and underwater diving is allowed in park waters,
subject to closures or restrictions designated by the superintendent in
accordance with Sec. Sec. 1.5 and 1.7 of this chapter.
(b) In waters open to the use of vessels, a diver must prominently
display a dive flag during dive operations. A dive flag must not be
displayed unless dive operations are ongoing.
(c) The dive flag must be illuminated when dive operations take
place between sunset and sunrise. The dive flag illumination may not
consist of lights that may be confused with navigation lights or aids to
navigation lights.
(d) While on the surface, submerging or surfacing the diver must
remain
[[Page 42]]
within a 100 feet horizontal radius of the diver flag.
(e) If State laws or regulations exist concerning snorkeling
activities, those provisions of State law or regulation are adopted.
Sec. 3.19 May I operate a submersible within park waters?
The use of manned or unmanned submersibles may only occur in
accordance with a permit issued by the superintendent under Sec. 1.6 of
this chapter.
PART 4_VEHICLES AND TRAFFIC SAFETY--Table of Contents
Sec.
4.1 Applicability and scope.
4.2 State law applicable.
4.3 Authorized emergency vehicles.
4.4 Report of motor vehicle accident.
4.10 Travel on park roads and designated routes.
4.11 Load, weight and size limits.
4.12 Traffic control devices.
4.13 Obstructing traffic.
4.14 Open container of alcoholic beverage.
4.15 Safety belts.
4.20 Right of way.
4.21 Speed limits.
4.22 Unsafe operation.
4.23 Operating under the influence of alcohol or drugs.
4.30 Bicycles.
4.31 Hitchhiking.
Authority: 54 U.S.C. 100101, 100751, 320102.
Source: 52 FR 10683, Apr. 2, 1987, unless otherwise noted.
Sec. 4.1 Applicability and scope.
The applicability of the regulations in this part is described in
Sec. 1.2 of this chapter. The regulations in this part also apply,
regardless of land ownership, on all roadways and parking areas within a
park area that are open to public traffic and that are under the
legislative jurisdiction of the United States.
Sec. 4.2 State law applicable.
(a) Unless specifically addressed by regulations in this chapter,
traffic and the use of vehicles within a park area are governed by State
law. State law that is now or may later be in effect is adopted and made
a part of the regulations in this part.
(b) Violating a provision of State law is prohibited.
Sec. 4.3 Authorized emergency vehicles.
(a) The operator of an authorized emergency vehicle, when responding
to an emergency or when pursuing or apprehending an actual or suspected
violator of the law, may:
(1) Disregard traffic control devices;
(2) Exceed the speed limit; and
(3) Obstruct traffic.
(b) The provisions of paragraph (a) of this section do not relieve
the operator from the duty to operate with due regard for the safety of
persons and property.
Sec. 4.4 Report of motor vehicle accident.
(a) The operator of a motor vehicle involved in an accident
resulting in property damage, personal injury or death shall report the
accident to the superintendent as soon as practicable, but within 24
hours of the accident. If the operator is physically incapable of
reporting the accident, an occupant of the vehicle shall report the
accident to the superintendent.
(b) A person shall not tow or move a vehicle that has been involved
in an accident without first notifying the superintendent unless the
position of the vehicle constitutes a hazard or prior notification is
not practicable, in which case notification shall be made before the
vehicle is removed from the park area.
(c) Failure to comply with a reporting requirement specified in
paragraph (a) or (b) of this section is prohibited.
(d) The notification requirements imposed by this section do not
relieve the operator and occupants of a motor vehicle involved in an
accident of the responsibility to satisfy reporting requirements imposed
by State law.
Sec. 4.10 Travel on park roads and designated routes.
(a) Operating a motor vehicle is prohibited except on park roads, in
parking areas and on routes and areas designated for off-road motor
vehicle use.
(b) Routes and areas designated for off-road motor vehicle use shall
be promulgated as special regulations. The designation of routes and
areas shall comply with Sec. 1.5 of this chapter and
[[Page 43]]
Executive Order 11644 (3 CFR, 1971-1975 Comp., p. 666). Routes and areas
may be designated only in national recreation areas, national seashores,
national lakeshores and national preserves.
(c) The following are prohibited:
(1) Operating a motor vehicle not equipped with pneumatic tires,
except that a track-laying motor vehicle or a motor vehicle equipped
with a similar traction device may be operated on a route designated for
these vehicles by the superintendent.
(2) Operating a motor vehicle in a manner that causes unreasonable
damage to the surface of a park road or route.
(3) Operating a motor vehicle on a route or area designated for off-
road motor vehicle use, from \1/2\ hour after sunset to \1/2\ hour
before sunrise, without activated headlights and taillights that meet
the requirements of State law for operation on a State highway.
[52 FR 10683, Apr. 2, 1987, as amended at 80 FR 36476, June 25, 2015]
Sec. 4.11 Load, weight and size limits.
(a) Vehicle load, weight and size limits established by State law
apply to a vehicle operated on a park road. However, the superintendent
may designate more restrictive limits when appropriate for traffic
safety or protection of the road surface. The superintendent may require
a permit and establish conditions for the operation of a vehicle
exceeding designated limits.
(b) The following are prohibited:
(1) Operating a vehicle that exceeds a load, weight or size limit
designated by the superintendent.
(2) Failing to obtain a permit when required.
(3) Violating a term or condition of a permit.
(4) Operating a motor vehicle with an auxiliary detachable side
mirror that extends more than 10 inches beyond the side fender line
except when the motor vehicle is towing a second vehicle.
(c) Violating a term or condition of a permit may also result in the
suspension or revocation of the permit by the superintendent.
Sec. 4.12 Traffic control devices.
Failure to comply with the directions of a traffic control device is
prohibited unless otherwise directed by the superintendent.
Sec. 4.13 Obstructing traffic.
The following are prohibited:
(a) Stopping or parking a vehicle upon a park road, except as
authorized by the superintendent, or in the event of an accident or
other condition beyond the control of the operator.
(b) Operating a vehicle so slowly as to interfere with the normal
flow of traffic.
Sec. 4.14 Open container of alcoholic beverage.
(a) Each person within a motor vehicle is responsible for complying
with the provisions of this section that pertain to carrying an open
container. The operator of a motor vehicle is the person responsible for
complying with the provisions of this section that pertain to the
storage of an open container.
(b) Carrying or storing a bottle, can or other receptacle containing
an alcoholic beverage that is open, or has been opened, or whose seal is
broken or the contents of which have been partially removed, within a
motor vehicle in a park area is prohibited.
(c) This section does not apply to:
(1) An open container stored in the trunk of a motor vehicle or, if
a motor vehicle is not equipped with a trunk, to an open container
stored in some other portion of the motor vehicle designed for the
storage of luggage and not normally occupied by or readily accessible to
the operator or passengers; or
(2) An open container stored in the living quarters of a motor home
or camper; or
(3) Unless otherwise prohibited, an open container carried or stored
in a motor vehicle parked at an authorized campsite where the motor
vehicle's occupant(s) are camping.
(d) For the purpose of paragraph (c)(1) of this section, a utility
compartment or glove compartment is deemed to be readily accessible to
the operator and passengers of a motor vehicle.
Sec. 4.15 Safety belts.
(a) Each operator and passenger occupying any seating position of a
motor vehicle in a park area will have
[[Page 44]]
the safety belt or child restraint system properly fastened at all times
when the vehicle is in motion. The safety belt and child restraint
system will conform to applicable United States Department of
Transportation standards.
(b) This section does not apply to an occupant in a seat that was
not originally equipped by the manufacturer with a safety belt nor does
it apply to a person who can demonstrate that a medical condition
prevents restraint by a safety belt or other occupant restraining
device.
[62 FR 61633, Nov. 19, 1997]
Sec. 4.20 Right of way.
An operator of a motor vehicle shall yield the right of way to
pedestrians, saddle and pack animals and vehicles drawn by animals.
Failure to yield the right of way is prohibited.
Sec. 4.21 Speed limits.
(a) Park area speed limits are as follows:
(1) 15 miles per hour: within all school zones, campgrounds, picnic
areas, parking areas, utility areas, business or residential areas,
other places of public assemblage and at emergency scenes.
(2) 25 miles per hour: upon sections of park road under repair or
construction.
(3) 45 miles per hour: upon all other park roads.
(b) The superintendent may designate a different speed limit upon
any park road when a speed limit set forth in paragraph (a) of this
section is determined to be unreasonable, unsafe or inconsistent with
the purposes for which the park area was established. Speed limits shall
be posted by using standard traffic control devices.
(c) Operating a vehicle at a speed in excess of the speed limit is
prohibited.
(d) An authorized person may utilize radiomicrowaves or other
electrical devices to determine the speed of a vehicle on a park road.
Signs indicating that vehicle speed is determined by the use of
radiomicrowaves or other electrical devices are not required.
Sec. 4.22 Unsafe operation.
(a) The elements of this section constitute offenses that are less
serious than reckless driving. The offense of reckless driving is
defined by State law and violations are prosecuted pursuant to the
provisions of section 4.2 of this chapter.
(b) The following are prohibited:
(1) Operating a motor vehicle without due care or at a speed greater
than that which is reasonable and prudent considering wildlife, traffic,
weather, road and light conditions and road character.
(2) Operating a motor vehicle in a manner which unnecessarily causes
its tires to squeal, skid or break free of the road surface.
(3) Failing to maintain that degree of control of a motor vehicle
necessary to avoid danger to persons, property or wildlife.
(4) Operating a motor vehicle while allowing a person to ride:
(i) On or within any vehicle, trailer or other mode of conveyance
towed behind the motor vehicle unless specifically designed for carrying
passengers while being towed; or
(ii) On any exterior portion of the motor vehicle not designed or
intended for the use of a passenger. This restriction does not apply to
a person seated on the floor of a truck bed equipped with sides, unless
prohibited by State law.
Sec. 4.23 Operating under the influence of alcohol or drugs.
(a) Operating or being in actual physical control of a motor vehicle
is prohibited while:
(1) Under the influence of alcohol, or a drug, or drugs, or any
combination thereof, to a degree that renders the operator incapable of
safe operation; or
(2) The alcohol concentration in the operator's blood or breath is
0.08 grams or more of alcohol per 100 milliliters of blood or 0.08 grams
or more of alcohol per 210 liters of breath. Provided however, that if
State law that applies to operating a motor vehicle while under the
influence of alcohol establishes more restrictive limits of alcohol
concentration in the operator's blood or breath, those limits supersede
the limits specified in this paragraph.
[[Page 45]]
(b) The provisions of paragraph (a) of this section also apply to an
operator who is or has been legally entitled to use alcohol or another
drug.
(c) Tests. (1) At the request or direction of an authorized person
who has probable cause to believe that an operator of a motor vehicle
within a park area has violated a provision of paragraph (a) of this
section, the operator shall submit to one or more tests of the breath,
saliva, or urine for the purpose of determining blood alcohol and drug
content.
(2) Refusal by an operator to submit to a test under paragraph
(c)(1) is prohibited and proof of refusal may be admissible in any
related judicial proceeding.
(3) Absent exigent circumstances, an operator cannot ordinarily be
required to submit blood samples for the purpose of determining blood
alcohol and drug content unless it occurs through a search warrant. An
authorized person who has probable cause to believe that an operator of
a motor vehicle within a park area has violated a provision of paragraph
(a) of this section shall get a search warrant, except when exigent
circumstances exist, to obtain any blood samples from the operator for
the purpose of determining blood alcohol and drug content.
(4) Any test or tests for the presence of alcohol and drugs shall be
determined by and administered at the direction of an authorized person.
(5) Any test shall be conducted by using accepted scientific methods
and equipment of proven accuracy and reliability operated by personnel
certified in its use.
(d) Presumptive levels. (1) The results of chemical or other
quantitative tests are intended to supplement the elements of probable
cause used as the basis for the arrest of an operator charged with a
violation of paragraph (a)(1) of this section. If the alcohol
concentration in the operator's blood or breath at the time of testing
is less than alcohol concentrations specified in paragraph (a)(2) of
this section, this fact does not give rise to any presumption that the
operator is or is not under the influence of alcohol.
(2) The provisions of paragraph (d)(1) of this section are not
intended to limit the introduction of any other competent evidence
bearing upon the question of whether the operator, at the time of the
alleged violation, was under the influence of alcohol, or a drug, or
drugs, or any combination thereof.
[52 FR 10683, Apr. 2, 1987, as amended at 68 FR 46479, Aug. 6, 2003; 83
FR 26595, June 8, 2018]
Sec. 4.30 Bicycles.
(a) Park roads. The use of a bicycle is permitted on park roads and
in parking areas that are otherwise open for motor vehicle use by the
general public.
(b) Administrative roads. Administrative roads are roads that are
closed to motor vehicle use by the public, but open to motor vehicle use
for administrative purposes. The superintendent may authorize bicycle
use on an administrative road. Before authorizing bicycle use on an
administrative road the superintendent must:
(1) Make a written determination that such bicycle use is consistent
with protection of the park area's natural, scenic and aesthetic values,
safety considerations and management objectives, and will not disturb
wildlife or park resources; and
(2) Notify the public through one or more methods listed in Sec.
1.7(a) of this chapter.
(c) [Reserved]
(d) Existing trails. The superintendent may authorize by designation
bicycle use on a hiking or horse trail that currently exists on the
ground and does not require any construction or significant modification
to accommodate bicycles. Before doing so, the superintendent must ensure
that all of the following requirements have been satisfied:
(1) The superintendent must complete a park planning document that
addresses bicycle use on the specific trail and that includes an
evaluation of:
(i) The suitability of the trail surface and soil conditions for
accommodating bicycle use. The evaluation must include any maintenance,
minor rehabilitation or armoring that is necessary to upgrade the trail
to sustainable condition; and
[[Page 46]]
(ii) Life cycle maintenance costs, safety considerations, methods to
prevent or minimize user conflict, methods to protect natural and
cultural resources and mitigate impacts, and integration with commercial
services and alternative transportation systems (if applicable).
(2) The superintendent must complete either an environmental
assessment (EA) or an environmental impact statement (EIS) evaluating
the effects of bicycle use in the park and on the specific trail. The
superintendent must provide the public with notice of the availability
of the EA and at least 30 days to review and comment on an EA completed
under this section.
(3) The superintendent must complete a written determination stating
that the addition of bicycle use on the existing hiking or horse trail
is consistent with the protection of the park area's natural, scenic and
aesthetic values, safety considerations and management objectives, and
will not disturb wildlife or park resources.
(4)(i) If under paragraph (d)(2) of this section, the resulting
Finding of No Significant Impact, Record of Decision (ROD), or an
amended ROD concludes that bicycle use on the specific trail will have
no significant impacts, the superintendent must publish a notice in the
Federal Register providing the public at least 30 days to review and
comment on the written determination required by paragraph (d)(3) of
this section. After consideration of the comments submitted, the
superintendent must obtain the Regional Director's written approval of
the determination required by paragraph (d)(3) of this section; or
(ii) If under paragraph (d)(2) of this section, the conclusion is
that bicycle use on the specific trail may have a significant impact,
the superintendent with the concurrence of the Regional Director must
complete a concise written statement for inclusion in the project files
that bicycle use cannot be authorized on the specific trail.
(e) New trails. This paragraph applies to new trails that do not
exist on the ground and therefore would require trail construction
activities (such as clearing brush, cutting trees, excavation, or
surface treatment). New trails shall be developed and constructed in
accordance with appropriate NPS sustainable trail design principles and
guidelines. The superintendent may develop, construct, and authorize new
trails for bicycle use after:
(1) In a developed area, the superintendent completes the
requirements in paragraphs (d)(1) through (d)(3) of this section,
publishes a notice in the Federal Register providing the public at least
30 days to review and comment on the written determination required by
paragraph (d)(3) of this section, and after consideration of the
comments submitted, obtains the Regional Director's written approval of
the determination required by paragraph (d)(3) of this section; or
(2) Outside of a developed area, the superintendent completes the
requirements in paragraphs (d)(1), (2), and (3) of this section; obtains
the Regional Director's written approval of the determination required
by paragraph (d)(3) of this section; and promulgates a special
regulation authorizing the bicycle use.
(f) Closures and other use restrictions. A superintendent may limit
or restrict or impose conditions on bicycle use or may close any park
road, parking area, administrative road, trail, or portion thereof to
bicycle use, or terminate such condition, closure, limit or restriction
after:
(1) Taking into consideration public health and safety, natural and
cultural resource protection, and other management activities and
objectives; and
(2) Notifying the public through one or more methods listed in Sec.
1.7(a) of this chapter.
(g) Other requirements. (1) A person operating a bicycle on any park
road, parking area, administrative road or designated trail is subject
to all sections of this part that apply to an operator of a motor
vehicle, except Sec. Sec. 4.4, 4.10, 4.11, 4.14, and 4.15.
(2) Unless specifically addressed by regulations in this chapter,
the use of a bicycle within a park area is governed by State law. State
law concerning bicycle use that is now or may later be in effect is
adopted and made a part of this section.
[[Page 47]]
(h) Prohibited acts. The following are prohibited: (1) Bicycle
riding off of park roads and parking areas, except on administrative
roads and trails that have been authorized for bicycle use.
(2) Possessing a bicycle in a wilderness area established by Federal
statute.
(3) Operating a bicycle during periods of low visibility, or while
traveling through a tunnel, or between sunset and sunrise, without
exhibiting on the operator or bicycle a white light or reflector that is
visible from a distance of at least 500 feet to the front and with a red
light or reflector that is visible from at least 200 feet to the rear.
(4) Operating a bicycle abreast of another bicycle except where
authorized by the superintendent.
(5) Operating a bicycle while consuming an alcoholic beverage or
carrying in hand an open container of an alcoholic beverage.
(6) Any violation of State law adopted by this section.
(i) Electric bicycles. (1) The use of an electric bicycle may be
allowed on park roads, parking areas, and administrative roads and
trails that are otherwise open to bicycles. The Superintendent will
designate the areas open to electric bicycles, or specific classes of
electric bicycles, and notify the public pursuant to 36 CFR 1.7.
(2) The use of an electric bicycle is prohibited in locations not
designated by the Superintendent under paragraph (i)(1) of this section.
(3) Except where use of motor vehicles by the public is allowed,
using the electric motor exclusively to move an electric bicycle for an
extended period of time without pedaling is prohibited.
(4) Possessing an electric bicycle in a wilderness area established
by Federal statute is prohibited.
(5) A person operating or possessing an electric bicycle is subject
to the following sections of this part that apply to bicycles:
Sec. Sec. 4.12, 4.13, 4.20, 4.21, 4.22, 4.23, and 4.30(h)(3)-(5).
(6) Except as specified in this chapter, the use of an electric
bicycle is governed by State law, which is adopted and made a part of
this section. Any act in violation of State law adopted by this
paragraph is prohibited.
(7) Superintendents may limit or restrict or impose conditions on
electric bicycle use, or may close any park road, parking area,
administrative road, trail, or portion thereof to such electric bicycle
use, or terminate such condition, closure, limit or restriction after:
(i) Taking into consideration public health and safety, natural and
cultural resource protection, and other management activities and
objectives; and
(ii) Notifying the public through one or more methods listed in 36
CFR 1.7, including in the superintendent's compendium (or written
compilation) of discretionary actions referred to in 36 CFR 1.7(b).
[77 FR 39937, July 6, 2012, as amended at 85 FR 69188, Nov. 2, 2020]
Sec. 4.31 Hitchhiking.
Hitchhiking or soliciting transportation is prohibited except in
designated areas and under conditions established by the superintendent.
PART 5_COMMERCIAL AND PRIVATE OPERATIONS--Table of Contents
Sec.
5.1 Advertisements.
5.2 Alcoholic beverages; sale of intoxicants.
5.3 Business operations.
5.4 Commercial passenger-carrying motor vehicles.
5.5 Commercial filming, still photography, and audio recording.
5.6 Commercial vehicles.
5.7 Construction of buildings or other facilities.
5.8 Discrimination in employment practices.
5.9 Discrimination in furnishing public accommodations and
transportation services.
5.10 Eating, drinking, or lodging establishments.
5.11-5.12 [Reserved]
5.13 Nuisances.
5.14 Prospecting, mining, and mineral leasing.
Authority: 54 U.S.C. 100101, 100751, 320102.
Source: 31 FR 16660, Dec. 29, 1966, unless otherwise noted.
Sec. 5.1 Advertisements.
Commercial notices or advertisements shall not be displayed, posted,
or
[[Page 48]]
distributed on federally owned or controlled lands within a park area
unless prior written permission has been given by the Superintendent.
Such permission may be granted only if the notice or advertisement is of
goods, services, or facilities available within the park area and such
notices and advertisements are found by the Superintendent to be
desirable and necessary for the convenience and guidance of the public.
Sec. 5.2 Alcoholic beverages; sale of intoxicants.
(a) The sale of alcoholic, spirituous, vinous, or fermented liquor,
containing more than 1 percent of alcohol by weight, shall conform with
all applicable Federal, State, and local laws and regulations (See also
Sec. 2.35 of this chapter.)
(b) No such liquor shall be sold on any privately owned lands under
the legislative jurisdiction of the United States within Glacier, Lassen
Volcanic Mesa Verde, Denali, Mount Rainier, Olympic, Rocky Mountain,
Sequoia-Kings Canyon, Yellowstone, or Yosemite National Parks, unless a
permit for the sale thereof has first been secured from the appropriate
Regional Director.
(1) In granting or refusing applications for permits as herein
provided, the Regional Directors shall take into consideration the
character of the neighborhood, the availability of other liquor-
dispensing facilities, the local laws governing the sale of liquor, and
any other local factors which have a relationship to the privilege
requested.
(2) A fee will be charged for the issuance of such a permit,
corresponding to that charged for the exercise of similar privileges
outside the park area boundaries by the State government, or appropriate
political subdivision thereof within whose exterior boundaries the place
covered by the permit is situated.
(3) The applicant or permittee may appeal to the Director from any
final action of the appropriate Regional Director refusing, conditioning
or revoking the permit. Such an appeal shall be filed, in writing,
within 20 days after receipt of notice by the applicant or permittee of
the action appealed from. Any final decision of the Director may be
appealed to the Secretary of the Interior within 15 days after receipt
of notice by the applicant or permittee of the Director's decision.
(4) The permit for sale of intoxicating liquors shall contain such
general and special conditions as the Regional Director may deem
reasonably necessary to insure safe and orderly management of the park
area.
(5) The permittee shall comply with all State and county laws and
regulations, other than fee and license requirements, which would be
applicable to the premises and to the sale and dispensing of
intoxicating beverages if the privately owned lands were not subject to
the jurisdiction of the United States.
[31 FR 16660, Dec. 29, 1966, as amended at 35 FR 12542, Aug. 6, 1970; 65
FR 37878, June 19, 2000]
Sec. 5.3 Business operations.
Engaging in or soliciting any business in park areas, except in
accordance with the provisions of a permit, contract, or other written
agreement with the United States, except as such may be specifically
authorized under special regulations applicable to a park area, is
prohibited.
Sec. 5.4 Commercial passenger-carrying motor vehicles.
(a) The commercial transportation of passengers by motor vehicles
except as authorized under a contract or permit from the Secretary or
his authorized representative is prohibited in Crater Lake (prohibition
is limited to sightseeing tours on the rim drive), Glacier (prohibition
does not apply to nonscheduled tours on portions of the park road as
defined in Sec. 7.3 of this chapter), Grand Canyon (prohibition does
not apply to the north rim or to nonscheduled tours as defined in Sec.
7.4 of this chapter), Grand Teton (prohibition does not apply to those
portions of Highways Nos. 26, 89, 187, and 287 commencing at the south
boundary of the park and running in a general northerly direction to the
east and north boundaries of the park), Mesa Verde (prohibition does not
apply to transportation between points within the
[[Page 49]]
park and outside points), Denali National Park and Preserve (prohibition
does not apply to that portion of the Denali Park road between the
Highway 3 junction and the Denali Park Railroad Depot), Sequoia-Kings
Canyon, Yellowstone (prohibition does not apply to nonscheduled tours as
defined in Sec. 7.13 of this chapter, nor to that portion of U.S.
Highway 191 traversing the northwest corner of the park) and Yosemite
National Parks. The following principles will govern the interpretation
and enforcement of the section:
(1) Transportation is commercial if it is operated primarily as a
business activity or for profit of the operator, or if any person or
organization may receive a profit, commission, fee, brokerage or other
compensation for organizing, advertising, promoting, soliciting or
selling the trip or tour of which such transportation is a part.
(2) Transportation is commercial if payment therefor is made
directly or indirectly to the operator: Provided, That bona fide sharing
of actual expenses will not be deemed a payment.
(3) Transportation by a motor vehicle licensed as a commercial
vehicle, or of commercial type, will be presumed to be commercial unless
otherwise established to the satisfaction of the Superintendent or his
authorized representative.
(4) Transportation will not be deemed commercial for the sole reason
that the motor vehicle is chartered or rented in good faith to the
operator, by the owner, for general use at a charge based upon time or
mileage or both. Nothing in this section is intended to prohibit the
operation of pleasure type automobiles rented without a driver on the
normal terms from the owner.
(5) Subject to the provision of paragraph (a)(1) of this section,
transportation is not commercial if it is a part of a trip or tour
initiated, organized, and directed by an established bona fide school or
college, institution, society or other organization, as a nonprofit
activity of such organization, and if all passengers are students,
faculty, members, or employees of such organization, or otherwise
connected therewith, provided that credentials are presented at the park
entrance from the head of such institution or organization indicating
the trip is in accordance with the provisions stipulated herein. Clubs
or associations having as a principal purpose the arranging of tours,
trips, or transportation for their members will not qualify for
admission into the above-named parks under the provision of this
paragraph.
(6) As used in this section, ``owner'' means the person or
organization having legal title, or all the incidents of ownership other
than legal title, of a motor vehicle by which passengers may be
transported, and includes a registered owner or a purchaser under a
conditional sales contract. ``Operator'' means the person, organization,
or group that arranges for the transportation, assumes responsibility
for financial risk and management, and determines who shall be
transported upon what terms, conditions, or charges. The operator may be
the owner, but need not be.
(b) Passenger-carrying motor vehicles, otherwise admissible, that
are so large as to require special escort in order to proceed safely
over park roads, or which in the judgment of the Superintendent are
beyond the carrying capacity or safety factor of the roads, will not be
permitted in the parks, except that, where they may satisfactorily enter
and travel to park headquarters they may be parked there during the
period of stay.
(5 U.S.C. 553; 39 Stat. 535; 16 U.S.C. 3)
[31 FR 16660, Dec. 29, 1966, as amended at 37 FR 12722, June 28, 1972;
38 FR 10639, Apr. 30, 1973; 60 FR 35841, July 12, 1995; 65 FR 37878,
June 19, 2000]
Sec. 5.5 Commercial filming, still photography, and audio recording.
(a) Commercial filming and still photography activities are subject
to the provisions of 43 CFR part 5, subpart A. Failure to comply with
any provision of 43 CFR part 5 is a violation of this section.
(b) Audio recording does not require a permit unless:
(1) It takes place at location(s) where or when members of the
public are generally not allowed;
(2) It uses equipment that requires mechanical transport;
[[Page 50]]
(3) It uses equipment that requires an external power source other
than a battery pack; or
(4) The agency would incur additional administrative costs to
provide management and oversight of the permitted activity to:
(i) Avoid unacceptable impacts and impairment to resources or
values; or
(ii) Minimize health or safety risks to the visiting public.
(c) Cost recovery charges associated with processing the permit
request and monitoring the permitted activity will be collected.
(d) The location fee schedule for still photography conducted under
a permit issued under 43 CFR part 5 applies to audio recording permits
issued under this part.
(e) Information collection. The Office of Management and Budget
(OMB) has approved the information collection requirements associated
with National Park Service commercial filming permits and assigned OMB
Control Number 1024-0026. Your response is required to obtain or retain
a benefit. We may not collect or sponsor and you are not required to
respond to an information collection unless it displays a currently
valid OMB control number. You may send comments on this information
collection requirement to the Information Collection Clearance Officer,
National Park Service, 1849 C Street, Washington, DC 20240.
[78 FR 52094, Aug. 22, 2013]
Sec. 5.6 Commercial vehicles.
(a) The term ``Commercial vehicle'' as used in this section shall
include, but not be limited to trucks, station wagons, pickups,
passenger cars or other vehicles when used in transporting movable
property for a fee or profit, either as a direct charge to another
person, or otherwise, or used as an incident to providing services to
another person, or used in connection with any business.
(b) The use of government roads within park areas by commercial
vehicles, when such use is in no way connected with the operation of the
park area, is prohibited, except that in emergencies the Superintendent
may grant permission to use park roads.
(c) The Superintendent shall issue permits for commercial vehicles
used on park area roads when such use is necessary for access to private
lands situated within or adjacent to the park area, to which access is
otherwise not available.
Sec. 5.7 Construction of buildings or other facilities.
Constructing or attempting to construct a building, or other
structure, boat dock, road, trail, path, or other way, telephone line,
telegraph line, power line, or any other private or public utility, upon
across, over, through, or under any park areas, except in accordance
with the provisions of a valid permit, contract, or other written
agreement with the United States, is prohibited.
Sec. 5.8 Discrimination in employment practices.
(a) The proprietor, owner, or operator of any hotel, inn, lodge or
other facility or accommodation offered to or enjoyed by the general
public within any park area is prohibited from discriminating against
any employee or maintaining any employment practice which discriminates
because of race, creed, color, ancestry, sex, age, disabling condition,
or national origin in connection with any activity provided for or
permitted by contract with or permit from the Government or by
derivative subcontract or sublease. As used in this section, the term
``employment'' includes, but is not limited to, employment, upgrading,
demotion, or transfer; recruitment, or recruitment advertising; layoffs
or termination; rates of pay or other forms of compensation; and
selection for training including apprenticeship.
(b) Each such proprietor, owner or operator shall post either the
following notice:
Notice
This is a facility operated in an area under the jurisdiction of the
United States Department of the Interior. No discrimination in
employment practices on the basis of race, creed, color, ancestry, sex,
age, disabling condition, or national origin is permitted in this
facility. Violations of this prohibition are punishable by fine,
imprisonment, or both.
[[Page 51]]
Complaints or violations of this prohibition should be addressed to
the Director, National Park Service, P.O. Box 37127, Washington, D.C.
20013-7127.
or notices supplied in accordance with Executive Order 11246 at such
locations as will ensure that the notice and its contents will be
conspicuous to any person seeking employment.
(c) The regulations contained in this section apply, regardless of
land ownership, on all lands and waters within a park area that are
under the legislative jurisdiction of the United States.
[31 FR 16660, Dec. 29, 1966, as amended at 52 FR 35240, Sept. 18, 1987;
53 FR 740, Jan. 12, 1988]
Sec. 5.9 Discrimination in furnishing public accommodations and
transportation services.
(a) The proprietor, owner or operator and the employees of any
hotel, inn, lodge, or other facility or accommodation offered to or
enjoyed by the general public within a park area and, while using such a
park area, any commercial passenger-carrying motor vehicle service and
its employees, are prohibited from: (1) Publicizing the facilities,
accommodations or any activity conducted therein in any manner that
would directly or inferentially reflect upon or question the
acceptability of any person or persons because of race, creed, color,
ancestry, sex, age, disabling condition, or national origin; or (2)
discriminating by segregation or otherwise against any person or persons
because of race, creed, color, ancestry, sex, age, disabling condition,
or national origin in furnishing or refusing to furnish such person or
persons any accommodation, facility, service, or privilege offered to or
enjoyed by the general public.
(b) Each such proprietor, owner, or operator shall post the
following notice at such locations as will insure that the notice and
its contents will be conspicuous to any person seeking accommodations,
facilities, services, or privileges:
Notice
This is a facility operated in an area under the jurisdiction of the
U.S. Department of the Interior.
No discrimination by segregation or other means in the furnishing of
accommodations, facilities, services, or privileges on the basis of
race, creed, color, ancestry, sex, age, disabling condition or national
origin is permitted in the use of this facility. Violations of this
prohibition are punishable by fine, imprisonment, or both.
Complaints of violations of this prohibition should be addressed to
the Director, National Park Service, P.O. Box 37127, Washington, D.C.
20013-7127.
(c) The regulations contained in this section apply, regardless of
land ownership, on all lands and waters within a park area that are
under the legislative jurisdiction of the United States.
[31 FR 16660, Dec. 29, 1966, as amended at 52 FR 35240, Sept. 18, 1987;
53 FR 740, Jan. 12, 1988]
Sec. 5.10 Eating, drinking, or lodging establishments.
(a) No establishment offering food, drink, or lodging for sale on
any privately owned lands under the legislative jurisdiction of the
United States within Glacier, Lassen Volcanic, Mesa Verde, Denali, Mount
Rainier, Olympic, Rocky Mountain, Sequoia-Kings Canyon, Yellowstone, and
Yosemite National Parks may be operated without a permit obtained from
the Superintendent. Such permit may include terms and conditions deemed
necessary by the Superintendent to the health, safety and welfare of the
public and it may be revoked upon failure to comply with the
requirements of paragraphs (b) and (c) of this section or the conditions
set forth in the permit.
(b) Such establishment shall be maintained and operated in
accordance with the rules and regulations recommended by the U.S. Public
Health Service for such establishments, and the substantive requirements
of State and local laws and regulations relating to such establishments,
which would apply if such privately owned lands were not subject to the
jurisdiction of the United States. In the event of conflict or
inconsistency between such U.S. Public Health Service recommendations
and State or local laws the former shall prevail.
(c) The Superintendent shall have the right to inspect such
establishments at reasonable times to determine whether the
establishment is being operated in accordance with the applicable rules
[[Page 52]]
and regulations and in accordance with the provisions of the permit.
[31 FR 16660, Dec. 29, 1966, as amended at 65 FR 37878, June 19, 2000]
Sec. Sec. 5.11-5.12 [Reserved]
Sec. 5.13 Nuisances.
The creation or maintenance of a nuisance upon the federally owned
lands of a park area or upon any private lands within a park area under
the exclusive legislative jurisdiction of the United States is
prohibited.
Sec. 5.14 Prospecting, mining, and mineral leasing.
Prospecting, mining, and the location of mining claims under the
general mining laws and leasing under the mineral leasing laws are
prohibited in park areas except as authorized by law.
PART 6_SOLID WASTE DISPOSAL SITES IN UNITS OF THE NATIONAL PARK SYSTEM-
-Table of Contents
Sec.
6.1 Purpose.
6.2 Applicability and scope.
6.3 Definitions.
6.4 Solid waste disposal sites not in operation on September 1, 1984.
6.5 Solid waste disposal sites in operation on September 1, 1984.
6.6 Solid waste disposal sites within new additions to the National Park
System.
6.7 Mining wastes.
6.8 National Park Service solid waste responsibilities.
6.9 Permits.
6.10 Financial assurance.
6.11 Appeals.
6.12 Prohibited acts and penalties.
Authority: 54 U.S.C. 100101, 100751, 100903.
Source: 59 FR 65957, Dec. 22, 1994, unless otherwise noted.
Sec. 6.1 Purpose.
(a) The regulations contained in this part prohibit the operation of
any solid waste disposal site, except as specifically provided for, and
govern the continued use of any existing solid waste disposal site
within the boundaries of any unit of the National Park System.
(b) The purpose of the regulations in this part is to ensure that
all activities within the boundaries of any unit of the National Park
System resulting from the operation of a solid waste disposal site are
conducted in a manner to prevent the deterioration of air and water
quality, to prevent degradation of natural and cultural, including
archeological, resources, and to reduce adverse effects to visitor
enjoyment.
(c) The regulations in this part interpret and implement Pub. L. 98-
506, 98 Stat. 2338 (16 U.S.C. 460l-22(c)).
Sec. 6.2 Applicability and scope.
(a) The regulations contained in this part apply to all lands and
waters within the boundaries of all units of the National Park System,
whether federally or nonfederally owned, and without regard to whether
access to a solid waste disposal site requires crossing federally-owned
or controlled lands or waters.
(b) The regulations contained in this part govern:
(1) The use of solid waste disposal sites not in operation on
September 1, 1984, including the approval of new solid waste disposal
sites;
(2) The continued use or closure of solid waste disposal sites that
were in operation on September 1, 1984;
(3) The continued use or closure of solid waste disposal sites on
lands or waters added to the National Park System after January 23,
1995.
(c) Exceptions.
(1) The regulations contained in this part do not govern the
disposal of residential or agricultural solid wastes in a site by a
person who can show that he or she:
(i) Resides within the boundaries of the unit;
(ii) Generates the residential or agricultural solid waste within
the boundaries of the unit;
(iii) Disposes of the solid waste only on lands that the person owns
or leases within the unit;
(iv) Does not engage in a solid waste disposal practice that poses a
reasonable probability of adverse effects on health or the environment,
as described by the criteria in 40 CFR part 257, Criteria For
Classification Of Solid Waste Disposal Facilities and Practices found at
40 CFR 257.3-1 to 257.3-8; and
(v) Is not required to possess a State or local permit or license
for the disposal of solid waste.
[[Page 53]]
(2) The exemption in paragraph (c)(1) of this section does not apply
to agricultural solid waste consisting of a chemical used as a
pesticide, an item used to apply, or a container used to store, a
pesticide.
(3) Manure and crop residue returned to the soil as a fertilizer or
soil conditioner are not solid wastes for purposes of this part, and do
not require a request, environmental report, financial assurance or
permit issued under this part.
(d) The conditions in Sec. 6.4(a) govern the establishment of new,
or the expansion of existing, solid waste disposal sites operated by the
National Park Service. The conditions in Sec. 6.5(c) govern the
continued use of existing solid waste disposal sites operated by the
National Park Service. However, the permit, financial assurance,
administrative and penalty provisions of this part do not apply to any
solid waste disposal site operated by the National Park Service.
Sec. 6.3 Definitions.
The following definitions apply to this part:
Agricultural solid waste means solid waste that is generated by the
rearing or harvesting of animals, or the producing or harvesting of
crops or trees.
Boundaries means the limits of lands or waters that constitute a
unit of the National Park System as specified by Congress, denoted by
Presidential Proclamation, recorded in the records of a State or
political subdivision in accordance with applicable law, published
pursuant to law, or otherwise published or posted by the National Park
Service.
Closure and Post-closure care means all of the requirements
prescribed by 40 CFR part 258, Criteria For Municipal Solid Waste
Landfills at 40 CFR 258.60 and 258.61.
Compostible materials means organic substances that decay under
natural and/or human-assisted conditions within relatively short time
intervals, generally not in excess of ninety days.
Degrade means to lessen or diminish in quantity, quality or value.
Hazardous waste means a waste defined by 40 CFR part 261,
Identification And Listing Of Hazardous Waste. Hazardous waste does not
include any solid waste listed under 40 CFR 261.4(b).
Leachate means liquid that has percolated through solid waste and
has extracted, dissolved or suspended materials in it.
Mining overburden means material overlying a mineral deposit that is
removed to gain access to that deposit.
Mining wastes means residues that result from the extraction of raw
materials from the earth.
National Park Service activities means operations conducted by the
National Park Service or a National Park Service contractor,
concessionaire or commercial use licensee.
National Park System means any area of land or water now or
hereafter administered by the Secretary of the Interior through the
National Park Service for park, monument, historic, parkway,
recreational or other purposes.
Natural resource means the components of a park, both biotic and
abiotic, including but not limited to, vegetation, wildlife, fish,
water, including surface and ground water, air, soils, geological
features, including subsurface strata, the natural processes and
interrelationships that perpetuate such resources, and attributes that
contribute to visitor enjoyment.
Operator means a person conducting or proposing to conduct the
disposal of solid waste.
PCBs or PCB item means an item as defined in 40 CFR part 761,
Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution
In Commerce, And Use Prohibitions at 40 CFR 761.3(x).
Residential solid waste means waste generated by the normal
activities of a household, including, but not limited to, food waste,
yard waste and ashes, but not including metal or plastic.
Solid waste means garbage, refuse, sludge from a waste treatment
plant, water supply treatment plant, or air pollution control facility
and other discarded material, including solid, liquid, semisolid, and
contained gaseous material resulting from industrial, commercial, mining
and agricultural operations or from community activities. ``Solid
waste'' does not include a material listed under 40 CFR 261.4(a).
[[Page 54]]
Solid waste disposal site means land or water where deliberately
discarded solid waste, as defined above, is discharged, deposited,
injected, dumped, spilled, leaked, or placed so that such solid waste or
a constituent thereof may enter the environment or be emitted into the
air or discharged into waters, including ground waters. Solid waste
disposal sites include facilities for the incineration of solid waste
and transfer stations. Facilities for the management of compostible
materials are not defined as solid waste disposal sites for the purposes
of this part.
Sec. 6.4 Solid waste disposal sites not in operation on September 1, 1984.
(a) No person may operate a solid waste disposal site within the
boundaries of a National Park System unit that was not in operation on
September 1, 1984, unless the operator has shown and the Regional
Director finds that:
(1) The solid waste is generated solely from National Park Service
activities conducted within the boundaries of that unit of the National
Park System;
(2) There is no reasonable alternative site outside the boundaries
of the unit suitable for solid waste disposal;
(3) The site will not degrade any of the natural or cultural
resources of the unit;
(4) The site meets all other applicable Federal, State and local
laws and regulations, including permitting requirements;
(5) The site conforms to all of the restrictions and criteria in 40
CFR 257.3-1 to 257.3-8, and 40 CFR part 258, subparts B, C, D, E and F;
(6) The site will not be used for the storage, handling, or disposal
of a solid waste containing:
(i) Hazardous waste;
(ii) Municipal solid waste incinerator ash;
(iii) Lead-acid batteries;
(iv) Polychlorinated Biphenyls (PCBs) or a PCB Item;
(v) A material registered as a pesticide by the Environmental
Protection Agency under the Federal Insecticide, Fungicide and
Rodenticide Act (7 U.S.C. 136 et seq.);
(vi) Sludge from a waste treatment plant, septic system waste, or
domestic sewage;
(vii) Petroleum, including used crankcase oil from a motor vehicle,
or soil contaminated by such products;
(viii) Non-sterilized medical waste;
(ix) Radioactive materials; or
(x) Tires;
(7) The site is located wholly on nonfederal lands, except for NPS
operated sites in units where nonfederal lands are unavailable, or
unsuitable and there is no practicable alternative;
(8) The site is not located within the 500 year floodplain, or in a
wetland;
(9) The site is not located within one mile of a National Park
Service visitor center, campground, ranger station, entrance station, or
similar public use facility, or a residential area;
(10) The site will not be detectable by the public by sight, sound
or odor from a scenic vista, a public use facility, a designated or
proposed wilderness area, a site listed on, or eligible for listing on,
the National Register of Historic Places, or a road designated as open
to public travel;
(11) The site will receive less than 5 tons per day of solid waste,
on an average yearly basis; and
(12) The proposed closure and post-closure care is sufficient to
protect the resources of the National Park System unit from degradation.
(b) A person proposing to operate a solid waste disposal site that
was not in operation on September 1, 1984, must submit a request for a
permit to the proper Superintendent for review by Regional Director
demonstrating that the solid waste operation meets the criteria in
paragraph (a) of this section. The following information must be
included in a permit request:
(1) A map or maps, satisfactory to the Regional Director, that
adequately shows the proposed area of solid waste disposal, size of the
area in acres, existing roads and proposed routes to and from the area
of operations and the location and description of surface facilities;
(2) The name and legal addresses of the following:
(i) Owners of record of the land; and
[[Page 55]]
(ii) Any lessee, assignee or designee of the owner, if the proposed
operator is not the owner of the land;
(3) The mode and frequency (in number of trips per day) of transport
and size and gross weight of major vehicular equipment to be used;
(4) The amount of solid waste to be received, in average tons per
day and average cubic yards per day;
(5) The estimated capacity of the site in cubic yards and tons;
(6) A detailed plan of the daily site operations;
(7) A plan for the reclamation and post closure care of the site
after completion of solid waste disposal;
(8) Evidence that the proposed operator has obtained all other
Federal, State and local permits necessary for solid waste disposal; and
(9) An environmental report that includes the following:
(i) A description of the natural and cultural resources and visitor
uses to be affected;
(ii) An assessment of hydrologic conditions of the disposal site
with projections of leachate generation, composition, flow paths and
discharge areas and geochemical fate of leachate constituents;
(iii) An analysis of the quantitative and qualitative extent to
which natural and cultural resources will be affected based on
acceptable and appropriate monitoring of existing resource conditions;
(iv) Steps to be taken by the operator to prevent degradation of air
and water quality, to manage pests and vermin, and to minimize noise,
odor, feeding by native wildlife and conflicts with visitor uses;
(v) An analysis of alternative locations and methods for the
disposal of the solid waste; and
(vi) Any other information required by the Regional Director to
effectively analyze the effects that the proposed solid waste disposal
site may have on the preservation, management and public use of the
unit.
(c) If the Regional Director finds that the permit request and
environmental report do not meet the conditions of approval set forth in
paragraph (a) of this section, the Regional Director must reject the
application and notify the proposed operator of the reasons for the
rejection.
Sec. 6.5 Solid waste disposal sites in operation on September 1, 1984.
(a) The operator of a solid waste disposal site in operation as of
September 1, 1984, within the boundaries of a unit of the National Park
System, having been in continuous operation on January 23, 1995, and who
wishes to remain in operation, must submit to the proper Superintendent
for review by the Regional Director, within 180 calendar days of January
23, 1995, a permit request and an environmental report as described in
Sec. 6.4(b) (1)-(9).
(b) Any operator who fails to submit a request as described in
paragraph (a) of this section will not be allowed to continue operations
and must immediately fulfill all applicable closure and post-closure
care requirements.
(c) The Regional Director may approve a request to allow the
continued use of a solid waste disposal site only if the operator has
shown and the Regional Director finds that:
(1) Adverse effects resulting from leachate, noise, odor, vehicular
traffic, litter and other activities upon natural and cultural resources
will be adequately mitigated;
(2) The proposed operator meets all other applicable Federal, State
and local laws and regulations, including permit requirements;
(3) The site will no longer be used for the storage, handling or
disposal of a solid waste containing:
(i) Hazardous waste;
(ii) Municipal solid waste incinerator ash;
(iii) Lead-acid batteries;
(iv) Polychlorinated Biphenyls (PCBs) or a PCB Item;
(v) A material registered as a pesticide by the Environmental
Protection Agency under the Federal Insecticide, Fungicide and
Rodenticide Act (7 U.S.C. 136 et seq.);
(vi) Sludge from a waste treatment plant, septic system waste or
domestic sewage;
(vii) Petroleum, including used crankcase oil from a motor vehicle,
or soil contaminated by such products;
(viii) Non-sterilized medical waste;
(ix) Radioactive materials; or
[[Page 56]]
(x) Tires;
(4) The proposed closure and post-closure care is sufficient to
protect the resources of the National Park System unit from degradation;
and
(5) The site conforms to all of the restrictions and criteria
applicable to the site under 40 CFR 257.3 and 40 CFR part 258, or where
applicable, 40 CFR part 240, Guidelines for the Thermal Processing of
Solid Waste.
(d) If the Regional Director finds that the permit request and the
environmental report do not meet the conditions for approval set forth
in paragraph (c) of this section, the Regional Director shall reject the
request and notify the proposed operator of the reasons for the
rejection. Within 90 calendar days of such notice, the operator of the
solid waste disposal site must cease disposing of solid waste at the
site. The operator may resume disposing of solid waste only upon
submission and approval of a permit request and environmental report
that the Regional Director determines meet the conditions set forth in
paragraph (c) of this section.
(e) Site expansions. (1) A request for an existing solid waste
disposal site to continue operations by expanding its capacity,
laterally or vertically, is considered a request for a new solid waste
disposal site and is subject to the conditions of Sec. 6.4(a), except
as provided in paragraph (e)(2) of this section.
(2) A request for an existing solid waste disposal site to continue
operations by expanding its capacity, laterally or vertically, will be
judged by the approval conditions of paragraph (c) of this section if
the operator shows that:
(i) The solid waste is generated solely from sources within the
boundaries of the unit;
(ii) The area proposed for site expansion encompasses only
nonfederal lands owned or leased by the operator; and
(iii) the solid waste disposal site lacks road, rail, or adequate
water access to any lands outside the unit for all or substantial
portions of the year.
(f) After January 23, 1995, an operator of an NPS-approved existing
landfill solid waste disposal site may convert that site to a transfer
station only after submitting a request under paragraph (a) of this
section, and only after receiving approval from the Regional Director
under paragraph (c) of this section. The Regional Director may approve
such a request, if in addition to meeting the standards of paragraph (c)
of this section, the Regional Director finds that the conversion to a
transfer station better protects the unit's natural or cultural
resources than the existing land-fill operation.
Sec. 6.6 Solid waste disposal sites within new additions to the National
Park System.
(a) An operator of a solid waste disposal site located on lands or
waters added to the National Park System, by act of Congress or by
proclamation, after January 23, 1995, will not be permitted to dispose
of solid waste after expiration of the permit or license in effect on
the date of the land's or water's designation as being within a National
Park System unit's boundaries. The operator must then immediately
fulfill all applicable closure and post-closure care requirements.
(b) An operator of a solid waste disposal site located on lands or
waters designated as being within the boundaries of a unit of the
National Park System established or expanded after January 23, 1995, who
wishes to remain in operation for the duration of the existing permit or
license, must submit to the Regional Director, within 180 calendar days
of the land's or water's designation as being within a National Park
System unit boundaries, a permit request and environmental report as
described in Sec. 6.4(b) (1)-(9).
(c) Any operator who fails to submit a request as described in
paragraph (b) of this section will be subject to the penalty provisions
of Sec. 6.12.
(d) If the Regional Director finds that the permit request and the
environmental report do not meet the conditions for approval set forth
in Sec. 6.5(c), the Regional Director will reject the request and
notify the proposed operator of the reasons for the rejection. Within 90
calendar days of such notice, the operator of the solid waste disposal
site must cease disposing of solid waste at the site. The operator may
resume
[[Page 57]]
disposing of solid waste only upon submission and approval of a permit
request and environmental report that the Regional Director determines
meet the conditions set forth in Sec. 6.5(c).
Sec. 6.7 Mining wastes.
(a) Solid waste from mining includes but is not limited to mining
overburden, mining byproducts, solid waste from the extraction,
processing and beneficiation of ores and minerals, drilling fluids,
produced waters, and other wastes associated with exploration,
development, or production of oil, natural gas or geothermal energy and
any garbage, refuse or sludge associated with mining and mineral
operations.
(b) A person conducting mining or mineral operations on January 23,
1995, and not governed by a plan of operations approved under 36 CFR
part 9, Minerals Management, or pursuant to the terms of a Federal
mineral lease, may continue to operate a solid waste disposal site
within the boundaries of a unit only after complying with Sec. 6.5 and
Sec. 6.10 and with a permit issued by the Regional Director under Sec.
6.9.
(c) A person conducting mining or mineral operations on January 23,
1995, and governed by a plan of operations approved under 36 CFR part 9
or pursuant to the terms of a Federal mineral lease may continue to
operate a solid waste disposal site under the terms of the approved plan
of operations or lease. Where an existing mining or mineral operation is
governed by 36 CFR part 9 or a Federal mineral lease, an NPS-approved
plan of operations will constitute the permit for solid waste disposal
site operation otherwise required under Sec. 6.9. A bond required under
36 CFR part 9, or by the Bureau of Land Management for Federal lessees,
will satisfy the requirements of Sec. 6.10.
(d) A person proposing to initiate mining or mineral operations
after January 23, 1995, within the boundaries of a unit of the National
Park System, whether or not governed by a plan of operations approved
under 36 CFR part 9 or the terms of a Federal mineral lease, may not
establish or operate a new solid waste disposal site within a unit.
(e) The temporary storage, stockpiling for return, or return of
nonhazardous mining overburden to the mine site for the purpose of mine
site reclamation does not require a request, environmental report,
financial assurance or a permit issued under this part.
Sec. 6.8 National Park Service solid waste responsibilities.
(a) Beginning one year after January 23, 1995, a Superintendent will
not permit or allow a person to dispose of solid waste at a National
Park Service operated solid waste disposal site except for waste
generated by National Park Service activities.
(b) The Superintendent of a unit where the National Park Service
operates a solid waste disposal site will establish a waste collection
program for harmful wastes generated by residential activities by
National Park Service and concessionaire households within the unit. The
Superintendent will establish frequency and place of collection but such
frequency must be, at a minimum, every twelve months.
(c) Each Superintendent will ensure full compliance with regulations
at 40 CFR part 244, Solid Waste Management Guidelines For Beverage
Containers. Only those units of the National Park System where
carbonated beverages in containers are not sold, or that have prepared
formal documentation of nonimplementation under 40 CFR 244.100(f)(3)
that has been approved by the Director and the Administrator of the
Environmental Protection Agency, are exempt from the deposit and
container return program mandated in 40 CFR part 244.
(d) NPS concessionaires, commercial use licensees and contractors
will comply with acquisition, recycling and waste minimization goals
established by the NPS.
Sec. 6.9 Permits.
(a) A permit issued under this section is required to operate a
solid waste disposal site within the boundaries of a unit of the
National Park System, except as specified in Sec. 6.2(c) or Sec.
6.7(c).
(b) Upon receipt of a request under Sec. 6.4, Sec. 6.5 or Sec.
6.6, the Regional Director will analyze whether a new site, or continued
operation of an existing site,
[[Page 58]]
meets the approval conditions of Sec. 6.4, or Sec. 6.5 respectively.
The Regional Director will also review the request under appropriate
laws and executive orders, including, but not limited to the National
Environmental Policy Act (43 U.S.C. 4321), the National Historic
Preservation Act (16 U.S.C. 470), the Endangered Species Act (16 U.S.C.
1531-1543), and E.O. 11988, Floodplain Management (3 CFR, 1978 Comp., p.
117), and E.O. 11990, Wetland Protection (3 CFR, 1978 Comp., 121).
(c) The Regional Director must approve or deny a solid waste
disposal site request under this part within 180 calendar days of
receipt of the request. The 180 calendar days do not include any days
required for consultation with State or Federal agencies under, but not
limited to, the Endangered Species Act, the National Historic
Preservation Act and the Coastal Zone Management Act, or days required
to prepare an Environmental Impact Statement under the National
Environmental Policy Act.
(d) If the Regional Director approves a solid waste disposal site
request under Sec. 6.4, Sec. 6.5 or Sec. 6.6, the Regional Director
may issue, after operator compliance with Sec. 6.10, a nontransferable
permit, the term of which shall not exceed five years. The permittee may
request a new five year permit upon expiration of an existing permit.
The permit instrument will be Form 10-114 (OMB No. 1024-0026), Special
Use Permit, available from the park Superintendent.
(e) A permit for a solid waste disposal site will prescribe the site
capacity and the requirements under which the solid waste disposal site
will be operated. The requirements must include, but are not limited to:
(1) Hours of operation;
(2) Number, frequency, size, gross weight and types of vehicles
used, and access routes;
(3) Type and height of perimeter fencing;
(4) Compliance with all applicable Federal, State and local laws and
regulations, including permit requirements;
(5) Type and frequency of groundwater, surface water, explosive gas
and other pertinent natural resource monitoring;
(6) Rights and conditions of access for inspection by National Park
Service and other responsible Federal, State or local officials;
(7) Closure and post-closure care requirements;
(8) Methods of pest and vermin control;
(9) Methods of excluding hazardous waste, municipal solid waste
incinerator ash, lead-acid batteries, PCBs and PCB Items, material
registered by the Environmental Protection Agency as a pesticide, sludge
from a waste treatment plant or septic system, domestic sewage,
petroleum, including used crankcase oil from a motor vehicle and soil
contaminated by such products, medical waste, radioactive materials and
tires;
(10) Methods of excluding waste generated from non-National Park
Service activities, except for a solid waste disposal site approved
under Sec. 6.5, or Sec. 6.6, or Sec. 6.7(c); and
(11) Methods of litter control.
(f) Any conflict between a requirement of the permit issued by the
National Park Service and a requirement of State or local law will be
resolved in favor of the stricter of the two requirements.
Sec. 6.10 Financial assurance.
(a) The Regional Director will not require a bond or security
deposit for a solid waste disposal site for which the operator has
established a bond under 40 CFR 258.74(b).
(b) The Regional Director will not require a bond or security
deposit for a solid waste disposal site whose owner or operator is a
State entity whose debts and liabilities are the debts and liabilities
of a State.
(c) Upon approval of a request to operate a new, or continue an
existing, solid waste disposal site, an operator who is not described in
paragraphs (a) or (b) of this section must file with the Regional
Director a suitable performance bond with satisfactory surety, payable
to the Secretary of the Interior or the Secretary's designee. The bond
must be conditioned upon faithful compliance with all applicable laws
and regulations, and the permit requirements as approved. When bonds are
to serve as security, an operator
[[Page 59]]
must provide a power of attorney to the Secretary or the Secretary's
designee. The bond must be issued by a surety company listed and
approved by the Department of the Treasury.
(d) In lieu of a performance bond, an operator may deposit with the
Secretary or the Secretary's designee cash or negotiable bonds of the
United States Government. The cash deposit or the market value of such
securities must be at least equal to the required sum of the bond(s).
(e) The bond or security deposit will be established by the Regional
Director in an amount equal to the estimated cost to accomplish all
closure and post-closure care requirements as described in 40 CFR part
258, subpart F, but in no case less than $25,000.
(f) The responsibility and liability of the operator (and the
surety, if any) under the bond or security deposit must continue until
the Regional Director determines that closure and post- closure care
have been completed in accordance with the permit requirements. No
portion of the performance bond or security deposit may be released
until such a determination has been made.
(g) Within 30 calendar days after the Regional Director determines
that all closure and post-closure care requirements have been
successfully completed according to the permit, the Regional Director
will notify the operator (and the surety, if any) that liability under
the bond or security deposit has been terminated and the bond or
security deposit released.
Sec. 6.11 Appeals.
(a) An applicant aggrieved by a decision of the Regional Director
with regard to a permit request under this part may appeal, in writing,
to the Director for reconsideration. The aggrieved applicant must file
the appeal with the Director within 45 calendar days of notification to
the applicant of the decision complained of. The appeal must set forth
in detail the respects to which the decision of the Regional Director is
contrary to, or in conflict with, the facts, the law, this part, or is
otherwise in error.
(b)(1) Within 45 calendar days after receiving the written appeal of
the aggrieved applicant, the Director will make a decision in writing.
The Director's decision will include:
(i) A statement of facts;
(ii) A statement of conclusions; and
(iii) an explanation of the reasons upon which the conclusions are
based.
(2) The decision of the Director will constitute the final
administrative action of the National Park Service.
Sec. 6.12 Prohibited acts and penalties.
(a) The following are prohibited:
(1) Operating a solid waste disposal site without a permit issued
under Sec. 6.9 or, where applicable, without approval granted under
Sec. 6.7(c);
(2) Operating a solid waste disposal site without the proper amount
or form of bond or security deposit, as prescribed by the Regional
Director, when such a bond or security deposit is required by this part;
(3) Operating a solid waste disposal site in violation of a term or
a requirement of a National Park Service issued permit; or
(4) Operating a solid waste disposal site in violation of 40 CFR
Parts 257 or 258, or in violation of the equivalent State law or
regulation.
(b) A person who violates a provision of paragraph (a) of this
section is subject to:
(1) The penalty provisions of 36 CFR 1.3; and/or
(2) Revocation of the permit by the Regional Director if a permit
exists; and/or
(3) Forfeiture of a bond or security deposit if a bond or security
deposit is required under Sec. 6.10.
PART 7_SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM-
-Table of Contents
Sec.
7.1 [Reserved]
7.2 Crater Lake National Park.
7.3 Glacier National Park.
7.4 Grand Canyon National Park.
7.5 Mount Rainier National Park.
7.6 Muir Woods National Monument.
7.7 Rocky Mountain National Park.
7.8 Sequoia and Kings Canyon National Parks.
7.9 St. Croix National Scenic Riverway.
7.10 Zion National Park.
7.11 Saguaro National Park.
[[Page 60]]
7.12 Gulf Islands National Seashore.
7.13 Yellowstone National Park.
7.14 Great Smoky Mountains National Park.
7.15 Shenandoah National Park.
7.16 Yosemite National Park.
7.17 Cuyahoga Valley National Park.
7.18 Hot Springs National Park.
7.19 Canyon de Chelly National Monument.
7.20 Fire Island National Seashore.
7.21 John D. Rockefeller, Jr. Memorial Parkway.
7.22 Grand Teton National Park.
7.23 Badlands National Park.
7.24 Upper Delaware Scenic and Recreational River.
7.25 Hawaii Volcanoes National Park.
7.26 Death Valley National Park.
7.27 Dry Tortugas National Park.
7.28 Olympic National Park.
7.29 Gateway National Recreation Area.
7.30 Devils Tower National Monument.
7.31 Perry's Victory and International Peace Memorial.
7.32 Pictured Rocks National Lakeshore.
7.33 Voyageurs National Park.
7.34 Blue Ridge Parkway.
7.35 Buffalo National River.
7.36 Mammoth Cave National Park.
7.37 Jean Lafitte National Historical Park.
7.38 Isle Royale National Park.
7.39 Mesa Verde National Park.
7.40 Hopewell Village National Historic Site.
7.41 Big Bend National Park.
7.42 Pipestone National Monument.
7.43 Natchez Trace Parkway.
7.44 Canyonlands National Park.
7.45 Everglades National Park.
7.46 Virgin Islands Coral Reef National Monument.
7.47 Carlsbad Caverns National Park.
7.48 Lake Mead National Recreation Area.
7.49 Cape Lookout National Seashore.
7.50 Chickasaw Recreation Area.
7.51 Curecanti National Recreation Area.
7.52 Cedar Breaks National Monument.
7.53 Black Canyon of the Gunnison National Monument.
7.54 Theodore Roosevelt National Park.
7.55 Lake Roosevelt National Recreation Area.
7.56 Acadia National Park.
7.57 Lake Meredith National Recreation Area.
7.58 Cape Hatteras National Seashore.
7.59 Grand Portage National Monument.
7.60 Herbert Hoover National Historic Site.
7.61 Fort Caroline National Memorial.
7.62 Lake Chelan National Recreation Area.
7.63 Dinosaur National Monument.
7.64 Petersburg National Battlefield.
7.65 Assateague Island National Seashore.
7.66 North Cascades National Park.
7.67 Cape Cod National Seashore.
7.68 Russell Cave National Monument.
7.69 Ross Lake National Recreation Area.
7.70 Glen Canyon National Recreation Area.
7.71 Delaware Water Gap National Recreation Area.
7.72 Arkansas Post National Memorial.
7.73 Buck Island Reef National Monument.
7.74 Virgin Islands National Park.
7.75 Padre Island National Seashore.
7.76 Wright Brothers National Memorial.
7.77 Mount Rushmore National Memorial.
7.78 Harpers Ferry National Historical Park.
7.79 Amistad Recreation Area.
7.80 Sleeping Bear Dunes National Lakeshore.
7.81 Point Reyes National Seashore.
7.82 Apostle Islands National Lakeshore.
7.83 Ozark National Scenic Riverways.
7.84 Channel Islands National Park.
7.85 Big Thicket National Preserve.
7.86 Big Cypress National Preserve.
7.87 Kaloko-Honokohau National Historical Park.
7.88 Indiana Dunes National Lakeshore.
7.89 New River Gorge National River.
7.90 Chattahoochee River National Recreation Area.
7.91 Whiskeytown Unit, Whiskeytown-Shasta-Trinity National Recreation
Area.
7.92 Bighorn Canyon National Recreation Area.
7.93 Guadalupe Mountains National Park.
7.94 Bryce Canyon National Park.
7.95 Pea Ridge National Military Park.
7.96 National Capital Region.
7.97 Golden Gate National Recreation Area.
7.100 Appalachian National Scenic Trail.
Authority: 54 U.S.C. 100101, 100751, 320102; Sec. 7.96 also issued
under D.C. Code 10-137 and D.C. Code 50-2201.07.
Alphabetical Listing
------------------------------------------------------------------------
Name Section
------------------------------------------------------------------------
Acadia National Park, Maine.................................... 7.56
Amistad Recreation Area, Tex................................... 7.79
Apostle Islands National Lakeshore, Wis........................ 7.82
Appalachian National Scenic Trail.............................. 7.100
Arkansas Post National Memorial, Ark........................... 7.72
Assateague Island National Seashore, Md.-Va.................... 7.65
Badlands National Park, SD..................................... 7.23
Big Bend National Park, Tex.................................... 7.41
Big Cypress National Preserve, Fla............................. 7.86
Big Thicket National Preserve, Tex............................. 7.85
Bighorn Canyon National Recreation Area, Mont.-Wyo............. 7.92
Black Canyon of the Gunnison National Monument, Colo........... 7.53
Blue Ridge Parkway, Va.-N.C.................................... 7.34
Bryce Canyon National Park, Utah............................... 7.94
Buck Island Reef National Monument, Virgin Islands............. 7.73
Buffalo National River, Ark.................................... 7.35
Canyon de Chelly National Monument, Ariz....................... 7.19
Canyonlands National Park, Utah................................ 7.44
Cape Cod National Seashore, Mass............................... 7.67
Cape Hatteras National Seashore, N.C........................... 7.58
Cape Lookout National Seashore, N.C............................ 7.49
Carlsbad Caverns National Park, N. Mex......................... 7.47
Cedar Breaks National Monument, Utah........................... 7.52
Channel Islands National Park, Calif........................... 7.84
[[Page 61]]
Chattahoochee River National Recreation Area, Ga............... 7.90
Chickasaw Recreation Area, Okla................................ 7.50
Crater Lake National Park, Oreg................................ 7.2
Curecanti National Recreation Area, Colo....................... 7.51
Cuyahoga Valley National Park, Ohio............................ 7.17
Death Valley National Park, Calif.............................. 7.26
Delaware Water Gap National Recreation Area, N.J.-Pa........... 7.71
Devil's Tower National Monument, Wyo........................... 7.30
Dinosaur National Monument, Utah-Colo.......................... 7.63
Dry Tortugas National Park, Fla................................ 7.27
Everglades National Park, Fla.................................. 7.45
Fire Island National Seashore, N.Y............................. 7.20
Fort Caroline National Memorial, Fla........................... 7.61
Gateway National Recreation Area, N.Y.-N.J..................... 7.29
Glacier National Park, Mont.................................... 7.3
Glen Canyon National Recreation Area, Utah-Ariz................ 7.70
Golden Gate National Recreation Area, Calif.................... 7.97
Grand Canyon National Park, Ariz............................... 7.4
Grand Portage National Monument, Minn.......................... 7.59
Grand Teton National Park, Wyo................................. 7.22
Great Smoky Mountains National Park, N.C.-Tenn................. 7.14
Guadalupe Mountains National Park, Tex......................... 7.93
Gulf Islands National Seashore, Fla.-Miss...................... 7.12
Harpers Ferry National Historical Park, Md.-W.V................ 7.78
Hawaii Volcanoes National Park, Hawaii......................... 7.25
Herbert Hoover National Historic Site, Iowa.................... 7.60
Hopewell Village National Historic Site, Pa.................... 7.40
Hot Springs National Park, Ark................................. 7.18
Indiana Dunes National Lakeshore, Ind.......................... 7.88
Isle Royale National Park, Mich................................ 7.38
Jean Lafitte National Historical Park, La...................... 7.37
Kaloko-Honokohau National Historical Park, Hawaii.............. 7.87
Lake Chelan National Recreation Area, Wash..................... 7.62
Lake Mead National Recreation Area, Ariz.-Nev.................. 7.48
Lake Meredith National Recreation Area, Tex.................... 7.57
Lake Roosevelt National Recreation Area, Wash.................. 7.55
Mammoth Cave National Park, Ky................................. 7.36
Mesa Verde National Park, Colo................................. 7.39
Mount Rainier National Park, Wash.............................. 7.5
Mount Rushmore National Memorial, S. Dak....................... 7.77
Muir Woods National Monument, Calif............................ 7.6
Natchez Trace Parkway, Miss.-Tenn.-Ala......................... 7.43
National Capital Region, D.C. area............................. 7.96
New River Gorge National River, WV............................. 7.89
North Cascades National Park, Wash............................. 7.66
Olympic National Park, Wash.................................... 7.28
Ozark National Scenic Riverways, Mo............................ 7.83
Padre Island National Seashore, Tex............................ 7.75
Pea Ridge National Military Park, Ark.......................... 7.95
Perry's Victory and International Peace Memorial, Ohio......... 7.31
Petersburg National Battlefield, VA............................ 7.64
Pictured Rocks National Lakeshore, Mich........................ 7.32
Pipestone National Monument, Minn.............................. 7.42
Point Reyes National Seashore, Calif........................... 7.81
Rockefeller, Jr., John D., Memorial Parkway, Wyo............... 7.21
Rocky Mountain National Park, Colo............................. 7.7
Ross Lake National Recreation Area, Wash....................... 7.69
Russell Cave National Monument, Ala............................ 7.68
Saguaro National Park, AZ...................................... 7.11
Sequoia-Kings Canyon National Parks, Calif..................... 7.8
Shenandoah National Park, Va................................... 7.15
Sleeping Bear Dunes National Lakeshore, Mich................... 7.80
St. Croix National Scenic Riverway, Wis........................ 7.9
Theodore Roosevelt National Park, N. Dak....................... 7.54
Upper Delaware Scenic and Recreational River, Pa.-N.Y.......... 7.24
Virgin Islands Coral Reef National Monument.................... 7.46
Virgin Islands National Park, Virgin Islands................... 7.74
Voyageurs National Park, Minn.................................. 7.33
Whiskeytown Unit, Whiskeytown-Shasta-Trinity National 7.91
Recreation Area, Calif........................................
Wright Brothers National Memorial, N.C......................... 7.76
Yellowstone National Park, Wyo.-Mont.-Idaho.................... 7.13
Yosemite National Park, Calif.................................. 7.16
Zion National Park, Utah....................................... 7.10
------------------------------------------------------------------------
[32 FR 6932, May 5, 1967; 32 FR 7333, May 17, 1967, as amended at 32 FR
21037, Dec. 30, 1967]
Editorial Note: The Alphabetical Listing is updated annually by the
Office of the Federal Register.
Sec. 7.1 [Reserved]
Sec. 7.2 Crater Lake National Park.
(a) Fishing. Fishing in Crater Lake and park streams is permitted
from May 20 through October 31.
(b) Boating. No private vessel or motor may be used on the waters of
the park.
(c) Snowmobiles. Snowmobile use is permitted in Crater Lake National
Park on the North Entrance Road from its intersection with the Rim Drive
to the park boundary, and on intermittent routes detouring from the
North Entrance Road as designated by the Superintendent and marked with
snow poles and signs. Except for such designated detours marked with
snow poles and signs, only that portion of the North Entrance Road
intended for wheeled vehicle use may be used by snowmobiles. Such
roadway is available for snowmobile use only when the designated roadway
is closed to all wheeled vehicles used by the public.
[34 FR 9751, June 24, 1969, as amended at 41 FR 33263, Aug. 9, 1976]
Sec. 7.3 Glacier National Park.
(a) Fishing. (1) Fishing regulations, based on management objectives
described in the park's Resource Management Plan, are established
annually by the Superintendent.
(2) The Superintendent may impose closures and establish conditions
or restrictions, in accordance with the criteria and procedures of
Sec. Sec. 1.5 and 1.7 of this chapter, or any activity pertaining to
fishing, including but not limited to, species of fish that may be
taken, seasons and hours during which fishing may take place, methods of
taking, size, location, and possession limits.
[[Page 62]]
(3) Fishing in violation of a condition or restriction established
by the Superintendent is prohibited.
(b) Eating, drinking, and lodging establishments. (1) No eating,
drinking, or lodging establishment offering food, drink, or lodging for
sale may be operated on any privately owned lands within Glacier
National Park unless a permit for the operation thereof has first been
obtained from the Superintendent.
(2) The Superintendent will issue a permit only after an inspection
of the premises and a determination that the premises comply with the
substantive requirements of State and county health and sanitary laws
and ordinances and rules and regulations promulgated pursuant thereto
which would apply to the premises if the privately owned lands were not
subject to the jurisdiction of the United States.
(3) No fee will be charged for the issuance of such a permit.
(4) The Superintendent or his duly authorized representative shall
have the right of inspection at all reasonable times for the purpose of
ascertaining that the premises are being maintained and operated in
compliance with State and county health laws and ordinances and rules
and regulations promulgated pursuant thereto.
(5) Failure of the permittee to comply with all State and county
substantive laws and ordinances, and rules and regulations promulgated
pursuant thereto applicable to the establishment for which a permit is
issued, or failure to comply with any Federal law or any regulation
promulgated by the Secretary of the Interior for governing the park, or
with the conditions imposed by the permit, will be grounds for
revocation of the permit.
(6) The applicant or permittee may appeal to the Regional Director,
National Park Service, from any final action of the Superintendent,
refusing, conditioning, or revoking a permit. Such an appeal, in
writing, shall be filed within 30 days after receipt of notice by the
applicant or permittee of the action appealed from. Any final decision
of the Regional Director may be appealed to the Director, National Park
Service, within 30 days after receipt of notice by the applicant or
permittee of the Regional Director's decision. During the period in
which an appeal is being considered by the Regional Director or the
Director, the establishment for which a permit has been denied or
revoked shall not be operated.
(7) The revocable permit for eating, drinking, and lodging
establishments issued by the Superintendent shall contain general
regulatory provisions as hereinafter set forth, and will include such
reasonable special conditions relating to the health and safety of
visitors both to the park and to the establishments as the
Superintendent may deem necessary to cover existing local circumstances,
and shall be in a form substantially as follows:
(Front of Permit)
U.S. Department of the Interior
national park service
Revocable Permit for Operation of Eating or Drinking and Lodging
Establishments
Permission is hereby granted ____________, who resides at
____________, to operate during the period of ____________, 19____, to
________________, 19____, inclusive a __________________________
(specify type of establishment) within Glacier National Park on lands
privately owned or controlled by him (her) over which the United States
exercises exclusive jurisdiction. This permit is subject to the general
provisions and any special conditions stated on the reverse hereof.
Issued at Glacier National Park, Mont., this ____________ day of
________________, 19____.
Superintendent
I, ________________________, the permittee named herein, accept this
permit subject to the terms, convenants, obligations, and reservations
expressed or implied.
Copartnership--permittees sign as ``Members of firm''.
Corporation--the officer authorized to execute contracts, etc., should
sign, with title, the sufficiency of such signature being attested by
the Secretary, with corporate seal in lieu of witness.
Permittee
[[Page 63]]
Witness:
Name
Address
Name
Address
(Reverse of Permit)
General Regulatory Provisions of This Permit
1. Permittee shall exercise this privilege subject to the
supervision of the Superintendent of the Park and shall comply with the
regulations of the Secretary of the Interior governing the Park.
2. Any building or structure used for the purpose of conducting the
business herein permitted shall be kept in a safe, and sightly
condition.
3. The permittee shall dispose of all refuse from the business
herein permitted as required by the Superintendent.
4. Permittee, his agents, and employees shall be responsible for the
preservation of good order within the vicinity of the business
operations herein permitted.
5. Failure of the permittee to comply with all State and county
substantive laws and ordinances and rules and regulations promulgated
pursuant thereto applicable to eating, drinking, and lodging
establishments or to comply with any law or any regulation of the
Secretary of the Interior governing the Park or with the conditions
imposed by this permit, will be grounds for revocation of this permit.
6. This permit may not be transferred or assigned without the
consent, in writing of the Superintendent.
7. Neither Members of, nor Delegates to Congress, or Resident
Commissioners, officers, agents, or employees of the Department of the
Interior, shall be admitted to any share or part of this permit or
derive, directly or indirectly, any pecuniary benefit arising therefrom.
8. Standard Equal Employment Provision to be set out in full as
provided for by Executive Orders 10925 and 11114.
9. The following special provisions are made a part of this permit:
__________________
(c) Water supply and sewage disposal systems. The provisions of this
paragraph apply to the privately owned lands within Glacier National
Park. The provisions of this paragraph do not excuse compliance by
eating, drinking, or lodging establishments with Sec. 5.10 of the
chapter.
(1) Facilities. (i) Subject to the provisions of paragraph (e)(3) of
this section, no person shall occupy any building or structure intended
for human habitation, or use, unless such building is served by water
supply and sewage disposal systems that comply with the standards
prescribed by State and county laws and regulations applicable in the
county within whose exterior boundaries such building is located.
(ii) No person shall construct, rebuild or alter any water supply or
sewage disposal system without a written permit issued by the
Superintendent. The Superintendent will issue such permit only after
receipt of written notification from the appropriate Federal, State, or
county officer that the plans for such system comply with State or
county standards. There shall be no charge for such permits. Any person
aggrieved by an action of the Superintendent with respect to any such
permit or permit application may appeal in writing to the Director,
National Park Service, Department of the Interior, Washington, DC 20240.
(2) Inspections. (i) The appropriate State or county health officer,
the Superintendent, or their authorized representatives or an officer of
the U.S. Public Health Service, may inspect any water supply or sewage
disposal system, from time to time, in order to determine whether such
system complies with the State and county standards: Provided, however,
That inspection shall be made only upon consent of the occupant of the
premises or pursuant to a warrant.
(ii) Any water supply or sewage disposal system may be inspected
without the consent of the occupant of the premises or a warrant if
there is probable cause to believe that such system presents an
immediate and severe danger to the public health.
(3) Defective systems. (i) If upon inspection, any water supply
system or sewage disposal system is found by the inspecting officer not
to be in conformance with applicable State and county standards, the
Superintendent will send to the ostensible owner and/or the occupant of
such property, by certified mail, a written notice specifying what steps
must be taken to achieve compliance. If after one year has elapsed from
the mailing of such written notice the deficiency has not been
corrected, such
[[Page 64]]
deficiency shall constitute a violation of this regulation and shall be
the basis for court action for the vacation of the premises.
(ii) If upon inspection, any water supply or sewage disposal system
is found by the inspecting officer not to be in conformance with
established State and county standards and it is found further that
there is immediate and severe danger to the public health or the health
of the occupants, the Superintendent shall post appropriate notices at
conspicuous places on such premises, and thereafter, no person shall
occupy the premises on which the system is located until the
Superintendent is satisfied that remedial measures have been taken that
will assure compliance of the system with established State and county
standards.
(d) Motorboats. (1) Motorboats and motor vessels are limited to ten
(10) horsepower or less on Bowman and Two Medicine Lakes. This
restriction does not apply to sightseeing vessels operated by an
authorized concessioner on Two Medicine Lake.
(2) All motorboats and motor vessels except the authorized,
concessioner-operated, sightseeing vessels are prohibited on
Swiftcurrent Lake.
(3) The operation of all motorboats and motor vessels are prohibited
on Kintla Lake.
(e) Canadian dollars. To promote the purpose of the Act of May 2,
1932 (47 Stat. 145; 16 U.S.C. 161a), Canadian dollars tendered by
Canadian visitors entering the United States section of Glacier National
Park will be accepted at the official rate of exchange in payment of the
recreation fees prescribed for the park.
(f) Commercial passenger-carrying motor vehicles. The prohibition
against the commercial transportation of passengers by motor vehicles to
Glacier National Park, contained in Sec. 5.4 of this chapter, shall be
subject to the following exceptions:
(1) Commercial transport of passengers by motor vehicles on those
portions of the park roads from Sherburne entrance to the Many Glacier
area; from Two Medicine entrance to Two Medicine Lake; from West Glacier
entrance to the Camas Entrance; U.S. Highway 2 from Walton to Java; and
the Going-to-the-Sun Road from West Glacier entrance to Lake McDonald
Lodge and from St. Mary entrance to Rising Sun will be permitted.
(2) Commercial passenger-carrying motor vehicles operated in the
above areas, on a general, infrequent, and nonscheduled tour in which
the visit to the park is incidental to such tour, and carrying only
round-trip passengers traveling from the point of origin of the tour,
will be accorded admission to the park. Such tours shall not provide, in
effect, a regular and duplicating service conflicting with, or in
competition with, the tours provided for the public pursuant to contract
authorization from the Secretary as determined by the Superintendent.
[34 FR 5842, Mar. 28, 1969, as amended at 36 FR 9248, May 21, 1971; 37
FR 7499, Apr. 15, 1972; 48 FR 29847, June 29, 1983; 48 FR 30293, June
30, 1983; 52 FR 10685, Apr. 2, 1987; 60 FR 35841, July 12, 1995; 60 FR
55791, Nov. 3, 1995]
Sec. 7.4 Grand Canyon National Park.
(a) Commercial passenger-carrying motor vehicles. The prohibition
against the commercial transportation of passengers by motor vehicles to
Grand Canyon National Park contained in Sec. 5.4 of this chapter shall
be subject to the following exception: Motor vehicles operated on a
general, infrequent, and nonscheduled tour on which the visit to the
park is an incident to such tour, carrying only round-trip passengers
traveling from the point of origin of the tour, will be accorded
admission to the park.
(b) Colorado whitewater boat trips. The following regulations shall
apply to all persons using the waters of, or Federally owned land
administered by the National Park Service, along the Colorado River
within Grand Canyon National Park, upstream from Diamond Creek at
approximately river mile 226:
(1) No person shall operate a vessel engaging in predominantly
upstream travel or having a total horsepower in excess of 55.
(2) U.S. Coast Guard approved life preservers must be worn by every
person while on the river or while lining or portaging near rough water.
One extra preserver must be carried for each ten (10) persons.
[[Page 65]]
(3) No person shall conduct, lead, or guide a river trip unless such
person possesses a permit issued by the Superintendent, Grand Canyon
National Park. The National Park Service reserves the right to limit the
number of such permits issued, or the number of persons traveling on
trips authorized by such permits when, in the opinion of the National
Park Service, such limitations are necessary in the interest of public
safety or protection of the ecological and environmental values of the
area.
(i) The Superintendent shall issue a permit upon a determination
that the person leading, guiding, or conducting a river trip is
experienced in running rivers in white water navigation of similar
difficulty, and possesses appropriate equipment, which is identified in
the terms and conditions of the permit.
(ii) No person shall conduct, lead, guide, or outfit a commercial
river trip without first securing the above permit and possessing an
additional permit authorizing the conduct of a commercial or business
activity in the park.
(iii) An operation is commercial if any fee, charge or other
compensation is collected for conducting, leading, guiding, or
outfitting a river trip. A river trip is not commercial if there is a
bona fide sharing of actual expenses.
(4) All human waste will be taken out of the Canyon and deposited in
established receptacles, or will be disposed of by such means as is
determined by the Superintendent.
(5) No person shall take a dog, cat, or other pet on a river trip.
(6) The kindling of a fire is permitted only on beaches. The fire
must be completely extinguished only with water before abandoning the
area.
(7) Picnicking is permitted on beach areas along the Colorado River.
(8) Swimming and bathing are permitted except in locations
immediately above rapids, eddies and riffles or near rough water.
(9) Possession of a permit to conduct, guide, outfit, or lead a
river trip also authorizes camping along the Colorado River by persons
in the river trip party, except on lands within the Hualapai Indian
Reservation which are administered by the Hualapai Tribal Council;
Provided, however, That no person shall camp at Red Wall Cavern, Elves
Chasm, the mouth of Havasu Creek, or along the Colorado River bank
between the mouth of the Paria River and the Navajo Bridge.
(10) All persons issued a river trip permit shall comply with all
the terms and conditions of the permit.
(c) Immobilized and legally inoperative vehicles. (1) An immobilized
vehicle is a motor vehicle which is not capable of moving under its own
power due to equipment malfunction or deficiency. This term shall also
include trailers whose wheels have been removed or which, for other
reasons, cannot be immediately towed from their location, excluding
trailers being used as residences which are occupying sites designated
for this purpose by the Superintendent. A legally inoperative vehicle is
a motor vehicle capable of movement under its own power, but not
licensed to legally operate on roads.
(2) Leaving, storing, or placing upon federally owned lands within
the park any immobilized or legally inoperative vehicle for a period
exceeding 30 days is prohibited, except under the terms of a permit
issued by the Superintendent.
(3) A revocable permit for an immobilized or legally inoperative
vehicle may be issued without fee by the Superintendent for a specific
period of time, upon a finding that the issuance of such a permit will
not interfere with park management or impair park resources.
(i) Any permit issued will be valid for the period stated on the
permit, unless otherwise revoked or terminated by the Superintendent,
and will state the name and address of the owner, the description of the
vehicle, and the exact location where it may be left, stored or placed.
(ii) The permittee will affix the permit securely and conspicuously
to the vehicle.
(iii) The permit shall be nontransferable.
(iv) Any person issued a permit shall comply with all terms and
conditions of the permit. Failure to do so will constitute cause for the
Superintendent to terminate the permit at any time.
(v) A permit may be revoked at any time for the convenience of the
National Park Service or upon a finding
[[Page 66]]
that continued authorization under the permit would interfere with park
management or impair park resources.
(4) An immobilized or legally inoperative vehicle left in excess of
30 days without a permit will be removed at the owner's expense.
(5) An immobilized or legally inoperative vehicle constituting a
safety hazard, causing an obstruction to roads or trails, or interfering
with maintenance operations will be removed immediately at the owner's
expense. Such interference or impairment may include, but shall not be
limited to, the creation of a safety hazard, traffic congestion, visual
pollution, or fuel and lubricant drip pollution.
(6) The Superintendent shall have the right of inspection at all
reasonable times to ensure compliance with the requirements of this
paragraph.
[34 FR 14212, Sept. 10, 1969, as amended at 36 FR 23293, Dec. 8, 1971;
42 FR 25857, May 20, 1977; 43 FR 1793, Jan. 12, 1978; 52 FR 10685, Apr.
2, 1987]
Sec. 7.5 Mount Rainier National Park.
(a) Fishing. (1) Fishing closures and restrictions are established
by the Superintendent based on management objectives for the
preservation of the park's natural resources.
(2) The Superintendent may establish closures and restrictions, in
accordance with the criteria and procedures of Sec. 1.5 of this
chapter, on any activity pertaining to fishing, including, but not
limited to species of fish that may be taken, seasons and hours during
which fishing may take place, methods of taking, and size, creel, and
possession limits.
(3) Except in emergency situations, the Superintendent will notify
the public of any such closures or restrictions through one or more
methods listed in Sec. 1.7 of this chapter, including publication in
the Superintendent's Compendium (or written compilation) of
discretionary actions referred to Sec. 1.7(b).
(4) Fishing in closed waters or violating a condition or restriction
established by the Superintendent under this paragraph (a) is
prohibited.
(b) Climbing and hiking. (1) Registration with the Superintendent is
required prior to and upon return from any climbing or hiking on
glaciers or above the normal high camps such as Camp Muir and Camp
Schurman.
(2) A person under 18 years of age must have permission of his
parent or legal guardian before climbing above the normal high camps.
(3) A party traveling above the high camps must consist of a minimum
of two persons unless prior permission for a solo climb has been
obtained from the Superintendent. The Superintendent will consider the
following points when reviewing a request for a solo climb: The weather
prediction for the estimated duration of the climb, and the likelihood
of new snowfall, sleet, fog , or hail along the route, the feasibility
of climbing the chosen route because of normal inherent hazards, current
route conditions, adequacy of equipment and clothing, and qualifying
experience necessary for the route contemplated.
(c) Backcountry Camping--(1) Backcountry camping permits required.
No person or group of persons traveling together may camp in the
backcountry without a valid backcountry camping permit. Permits may be
issued to each permittee or to the leader of the group for a group of
persons. The permit must be attached to the pack or camping equipment of
each permittee in a clearly visible location. No person may camp in any
location other than that designated in the permit for a given date.
(2) Group size limitations. Groups exceeding five persons must camp
at a group site, but groups may not exceed twelve persons. The
Superintendent may, however,
(i) Waive group size limitations on routes in the climbing zone when
he determines that it will not result in environmental degradation; and
(ii) Establish special zones and group size limitations during the
winter season to balance the impact of cross-country skiers, snowshoers,
and snowmobilers on the resource.
(d) Snowmobile use--(1) Designated routes. (i) That portion of the
West Side Road south of Round Pass.
(ii) The Mather Memorial Parkway (State Route 410) from its
intersection with the White River Road north to the park boundary.
[[Page 67]]
(iii) The White River Road from its intersection with the Mather
Memorial Parkway to the White River Campground.
(iv) The Cougar Rock Campground road system.
(v) The Stevens Canyon Road from Stevens Canyon Entrance to the
Stevens Canyon Road tunnel at Box Canyon.
[34 FR 17520, Oct. 30, 1969, as amended at 40 FR 31938, July 30, 1975;
41 FR 14863, Apr. 8, 1976; 41 FR 33264, Aug. 9, 1976; 42 FR 22557, May
4, 1977; 48 FR 30293, June 30, 1983; 88 FR 3664, Jan. 20, 2023]
Sec. 7.6 Muir Woods National Monument.
(a) Fires. Fires are prohibited within the monument.
(b) [Reserved]
(c) Fishing. Fishing is prohibited within the Monument.
[24 FR 11035, Dec. 30, 1959, as amended at 34 FR 5255, Mar. 14, 1969; 39
FR 14338, Apr. 23, 1974]
Sec. 7.7 Rocky Mountain National Park.
(a) Fishing. (1) Fishing restrictions, based on management
objectives described in the park's Resources Management Plan, are
established annually by the Superintendent.
(2) The Superintendent may impose closures and establish conditions
or restrictions, in accordance with the criteria and procedures of
Sec. Sec. 1.5 and 1.7 of this chapter, on any activity pertaining to
fishing, including, but not limited to species of fish that may be
taken, seasons and hours during which fishing may take place, methods of
taking, size, creel, and possession limits.
(3) Fishing in closed waters or violating a condition or restriction
established by the Superintendent is prohibited.
(b) Trucking Permits. (1) The Superintendent may issue a permit for
trucking on a park road when the load carried originates and terminates
within the counties of Larimer, Boulder, or Grand, Colorado.
(2) The fee charged for such trucking over Trail Ridge Road is the
same as the single visit entrance fee for a private passenger vehicle. A
trucking permit is valid for one round trip, provided such trip is made
in one day, otherwise the permit is valid for a one-way trip only.
(3) The fees provided in this paragraph also apply to a special
emergency trucking permit issued pursuant to Sec. 5.6(b) of this
chapter.
(c) Boats. (1) The operation of motorboats is prohibited on all
waters of the park.
(2) All vessels are prohibited on Bear Lake.
(d) Dogs, cats, and other pets. In addition to the provisions of
Sec. 2.15 of this chapter, dogs, cats, and other pets on leash, crated,
or otherwise under physical restraint are permitted in the park only
within 100 feet of the edge of established roads or parking areas, and
are permitted within established campgrounds and picnic areas; dogs,
cats, and other pets are prohibited in the backcountry and on
established trails.
(e)(1) On what route may I operate a snowmobile? Snowmobiles may be
operated on the North Supply Access Trail solely for the purpose of
gaining access between national forest lands on the west side of the
park and the town of Grand Lake. Use of this trail for other purposes is
not permitted. This trail will be marked by signs, snow poles or other
appropriate means.
(2) When may I operate a snowmobile on the North Supply Access
Trail? The Superintendent will determine the opening and closing dates
for use of the North Supply Access Trail each year, taking into
consideration the location of wintering wildlife, appropriate snow
cover, and other factors that may relate to public safety. The
Superintendent will notify the public of such dates through one or more
of the methods listed in Sec. 1.7(a) of this chapter. Temporary closure
of this route will be initiated through the posting of appropriate signs
and/or barriers.
(f) Bicycle use on the East Shore Trail. The Superintendent may
designate all or portions of a 2-mile segment of the East Shore Trail,
extending north from Shadow Mountain Dam to the park boundary, as open
to bicycle use. A map showing portions of the East Shore Trail open to
bicycle use will be available at park visitor centers and posted on the
park website. The Superintendent will provide notice of all bicycle
route designations in accordance
[[Page 68]]
with Sec. 1.7 of this chapter. The Superintendent may limit, restrict,
or impose conditions on bicycle use, or close any trail to bicycle use,
or terminate such conditions, closures, limits, or restrictions in
accordance with Sec. 4.30 of this chapter.
[40 FR 14912, Apr. 3, 1975, as amended at 41 FR 49629, Nov. 10, 1976; 43
FR 14308, Apr. 5, 1978; 48 FR 30293, June 30, 1983; 49 FR 24893, June
18, 1984; 49 FR 25854, June 25, 1984; 52 FR 10685, Apr. 2, 1987; 52 FR
23304, June 19, 1987; 54 FR 4020, Jan. 27, 1989; 54 FR 43061, Oct. 20,
1989; 69 FR 53630, Sept. 2, 2004; 83 FR 8944, Mar. 2, 2018]
Sec. 7.8 Sequoia and Kings Canyon National Parks.
(a) Dogs and cats. Dogs and cats are prohibited on any park land or
trail except within one-fourth mile of developed areas which are
accessible by a designated public automobile road.
(b) Fishing. (1) Fishing restrictions, based on management
objectives described in the parks' Resources Management Plan, are
established annually by the Superintendent.
(2) The Superintendent may impose closures and establish conditions
or restrictions, in accordance with the criteria and procedures of
Sec. Sec. 1.5 and 1.7 of this chapter, on any activity pertaining to
fishing including, but not limited to, species of fish that may be
taken, seasons and hours during which fishing may take place, methods of
taking, size, location and elevation, and possession limits.
(3) Soda Springs Creek drainage is closed to fishing.
(4) Fishing in closed waters or in violation of a condition or
restriction established by the Superintendent is prohibited.
(c) Privately owned lands--(1) Water supply, sewage or disposal
systems, and building construction or alterations. The provisions of
this paragraph apply to the privately owned lands within Sequoia and
Kings Canyon National Parks.
(i) Facilities. (a) Subject to the provisions of paragraph
(c)(1)(iii) of this section, no person shall occupy any building or
structure, intended for human habitation or use, unless such building
complies with standards, prescribed by State and county laws and
regulations applicable in the county within whose exterior boundaries
such building is located, as to construction, water supply and sewage
disposal systems.
(b) No person shall construct, rebuild, or alter any building, water
supply or sewage disposal system without the permission of the
Superintendent. The Superintendent will give such permission only after
receipt of written notification from the appropriate Federal, State, or
county officer that the plans for such building or system comply with
State or county standards. Any person aggrieved by an action of the
Superintendent with respect to any such permit or permit application may
appeal in writing to the Director, National Park Service, U.S.
Department of the Interior, Washington, D.C. 20240.
(ii) Inspections. (a) The appropriate State or county officer, the
Superintendent, or their authorized representatives or an officer of the
U.S. Public Health Service, may inspect any building, water supply, or
sewage disposal system, from time to time, in order to determine whether
the building, water supply, or sewage disposal system comply with the
State and county standards: Provided, however, That inspection shall be
made only upon consent of the occupant of the premises or pursuant to a
warrant.
(b) Any building, water supply, or sewage disposal system may be
inspected without the consent of the occupant of the premises or a
warrant if there is probable cause to believe that such system presents
an immediate and severe danger to the public health and safety.
(iii) Defective systems. (a) If upon inspection, any building, water
supply or sewage disposal system is found by the inspecting officer not
to be in conformance with applicable State and county standards, the
Superintendent will send to the ostensible owner and/or the occupant of
such property, by certified mail, a written notice specifying what steps
must be taken to achieve compliance. If after 1 year has elapsed from
the mailing of such notice the deficiency has not been corrected, such
deficiency shall constitute a violation of this regulation and shall be
the basis for court action for the vacation of the premises.
[[Page 69]]
(b) If upon inspection, any building, water supply or sewage
disposal system is found by the inspecting officer not to be in
conformance with established State and county standards and it is found
further that there is immediate and severe danger to the public health
and safety or the health and safety of the occupants or users, the
Superintendent shall post appropriate notices at conspicuous places on
such premises, and thereafter, no person shall occupy or use the
premises on which the deficiency or hazard is located until the
Superintendent is satisfied that remedial measures have been taken that
will assure compliance with established State and county standards.
(d) Stock Driveways. (1) The present county road extending from the
west boundary of Kings Canyon National Park near Redwood Gap to Quail
Flat junction of the General's Highway and the old road beyond is
designated for the movement of stock and vehicular traffic, without
charge, to and from national forest lands on either side of the General
Grant Grove section of the park. Stock must be prevented from straying
from the right of way.
(e) Snowmobiles. (1) The use of snowmobiles is allowed on the
unplowed roads of Wilsonia, the Wilsonia parking lot, and the Mineral
King road.
(2) Snowmobile use will be limited to providing access to private
property within the exterior boundaries of the park area, pursuant to
the terms and conditions of a permit issued only to owners of such
private property.
[34 FR 9387, June 14, 1969, as amended at 49 FR 18450, Apr. 30, 1984; 56
FR 41943, Aug. 26, 1991]
Sec. 7.9 St. Croix National Scenic Riverway.
(a) Snowmobiles. After consideration of existing special situations,
i.e., depth of snow or thickness of ice, and depending on local weather
conditions, the superintendent may allow the use of snowmobiles on the
frozen surface of the Saint Croix River on those sections normally used
by motor boats during other seasons, between the Boomsite and Highway
243 near Osceola, Wisconsin, and Saint Croix Falls to Riverside,
Wisconsin, and in those areas where county or other established
snowmobile trails need to cross the riverway or riverway lands to
connect with other established snowmobile trails.
(b) Fishing. Unless otherwise designated, fishing in a manner
authorized under applicable State law is allowed.
(c) Vessels. (1) Entering by vessel, launching a vessel, operating a
vessel, or knowingly allowing another person to enter, launch or operate
a vessel, or attempting to do any of these activities in park area
waters when that vessel or the trailer or the carrier of that vessel has
been in water infested or contaminated with aquatic nuisance species,
except as provided in paragraph (c)(2) of this section is prohibited.
(2) Vessels, trailers or other carriers of vessels wishing to enter
park area waters from aquatic nuisance species contaminated or infested
waters may enter after being inspected and cleaned using the technique
or process appropriate to the nuisance species.
(d) Placing or dumping, or attempting to place or dump, bait
containers, live wells, or other water-holding devises that are or were
filled with waters holding or contaminated by aquatic nuisance species
is prohibited.
(e) Using a wet suit or associated water use and diving equipment
previously used in waters infested with aquatic nuisance species prior
to being inspected and cleaned using a process appropriate to the
nuisance species is prohibited.
(f) For the purpose of this section:
(1) The term aquatic nuisance species means the zebra mussel, purple
loosestrife and Eurasian watermilfoil;
(2) The term vessel means every type or description of craft on the
water used or capable of being used as a means of transportation,
including seaplanes, when on the water, and buoyant devises permitting
or capable of free flotation.
(g) Bicycle Use. (1) The Superintendent may designate all or a
portion of the Cable Connector Trail (full length of the trail
approximately 0.25 miles) as open to bicycle use.
(2) A map showing trails open to bicycle use will be available at
Riverway visitor centers and posted on the
[[Page 70]]
Riverway website. The Superintendent will provide notice of all trails
designated for bicycle use in accordance with Sec. 1.7 of this chapter.
(3) The Superintendent may limit, restrict, or impose conditions on
bicycle use, or close any trail to bicycle use, or terminate such
conditions, closures, limits, or restrictions in accordance with Sec.
4.30 of this chapter. A violation of any such condition, closure, limit,
or restriction is prohibited.
[47 FR 55918, Dec. 14, 1982, as amended at 49 FR 18450, Apr. 30, 1984;
51 FR 8493, Mar. 12, 1986; 62 FR 33751, June 23, 1997; 87 FR 8952, Feb.
17, 2022]
Sec. 7.10 Zion National Park.
(a) Vehicle convoy requirements. (1) An operator of a vehicle that
exceeds load or size limitations established by the superintendent for
the use of park roads may not operate such vehicle on a park road
without a convoy service provided at the direction of the
superintendent.
(2) A single trip convoy fee of $15 is charged by the superintendent
for each vehicle or combination of vehicles convoyed over a park road.
Payment of a convoy fee by an operator of a vehicle owned by the
Federal, State or county government and used on official business is not
required. Failure to pay a required convoy fee is prohibited.
(b) Snowmobiles. After consideration of snow and weather conditions,
the superintendent may permit the use of snowmobiles on designated
routes within the park. Snowmobile use is restricted to the established
roadway. All off-road use is prohibited. The designated routes are
defined as follows:
(1) All of the paved portion of the Kolob Terrace Road from the park
boundary in the west one-half of Sec. 33, T. 40 S., R. 11 W., Salt Lake
Base and Meridian, north to where this road leaves the park in the
northwest corner of Sec. 16, T. 40 S., R. 11 W., SLBM. This paved
portion of the Kolob Terrace Road is approximately three and one-half
miles in length.
(2) All of the unplowed, paved portions of the Kolob Terrace Road
from the park boundary, north of Spendlove Knoll, in Sec. 5, T. 40 S.,
R. 11 W., SLBM, north to where this road leaves the park in the
southwest corner of Sec. 23, T. 39 S., R. 11 W., SLBM, a distance of
approximately five miles.
(3) The unplowed, graded dirt road from the park boundary in the
southeast corner of Sec. 13, T. 39 S., R. 11 W., SLBM, south to Lava
Point Fire Lookout in the northwest quarter of Sec. 31, T. 39 S., R. 10
W., SLBM, a distance of approximately one mile.
(4) The unplowed, graded dirt road from the Lava Point Ranger
Station, southeast to the West Rim Trailhead and then to a point where
this road divides and leaves the park, in the southeast corner of Sec.
30, and the northeast corner of Sec. 31, T. 39 S., R. 10 W., SLBM, a
distance of approximately two miles.
(5) The unplowed, graded dirt road from the Lava Point Ranger
Station, north to the park boundary where this road leaves the park, all
in the southeast corner of Sec. 13, T. 39 S., R. 11 W., SLBM, a distance
of approximately one-fourth mile.
[49 FR 34482, Aug. 31, 1984, as amended at 51 FR 4736, Feb. 7, 1986]
Sec. 7.11 Saguaro National Park.
(a) Bicycling. (1) The following trails are designated as routes for
bicycle use:
(i) That portion of the Cactus Forest Trail inside the Cactus Forest
Drive; and
(ii) The Hope Camp Trail, from the Loma Alta Trailhead east to the
Arizona State Trust Lands boundary, located approximately .2 miles
beyond Hope Camp.
(2) The Superintendent may open or close designated routes, or
portions thereof, or impose conditions or restrictions for bicycle use
after taking into consideration public health and safety, natural and
cultural resource protection, and other management activities and
objectives.
(i) The Superintendent will provide public notice of all such
actions through one or more of the methods listed in Sec. 1.7 of this
chapter.
(ii) Violating a closure, condition, or restriction is prohibited.
(b) [Reserved]
[68 FR 50077, Aug. 20, 2003, as amended at 77 FR 60053, Oct. 2, 2012]
[[Page 71]]
Sec. 7.12 Gulf Islands National Seashore.
(a) Operation of seaplanes and amphibious aircraft. (1) Aircraft may
be operated on the waters within the boundaries of the Seashore
surrounding Ship, Horn and Petit Bois Islands, but approaches, landings
and take-offs shall not be made within 500 feet of beaches.
(2) Aircraft may be moored to island beaches, but beaches may not be
used as runways or taxi strips.
(3) Aircraft operating in the vicinity of any developed facilities,
boat docks, floats, piers, ramps or bathing beaches will remain 500 feet
from such facilities and must be operated with due care and regard for
persons and property and in accordance with any posted signs or uniform
waterway markers.
(4) Aircraft are prohibited from landing on or taking off from any
land surfaces; any estuary, lagoon, pond or tidal flat; or any waters
temporarily covering a beach; except when such operations may be
authorized by prior permission of the Superintendent. Permission shall
be based on needs for emergency service, resource protection, or
resource management.
(b) Off-road operation of motor vehicles--(1) Route designations.
(i) The operation of motor vehicles, other than on established roads and
parking areas, is limited to oversand routes designated by the
Superintendent in accordance with Sec. 4.10(b) of this chapter.
Operation of vehicles on these routes will be subject to all provisions
of parts 2 and 4 of this chapter, as well as the specific provisions of
this paragraph (b).
(ii) Oversand routes may be designated by the Superintendent in the
following locations:
(A) In the eastern portion of Perdido Key, from the easternmost
extension of the paved road to the east end of the island, excluding the
Perdido Key Historic District near the former site of Fort McRee.
(B) In the westernmost portion of Santa Rosa Island, from the
vicinity of Fort Pickens to the west end of the island.
(iii) Oversand routes designated by the Superintendent will be shown
on maps available at park headquarters and other park offices. Signs at
the entrance to each route will designate the route as open to motor
vehicles.
Routes will be marked as follows:
(A) On beach routes, travel is permitted only between the water's
edge and a line of markers on the landward side of the beach.
(B) On inland routes, travel is permitted only in the lane
designated by pairs of markers showing the sides of the route.
(2) Permits. (i) The Superintendent is authorized to establish a
system of special recreation permits for oversand vehicles and to
establish special recreation permit fees for these permits, consistent
with the conditions and criteria of 36 CFR part 71.
(ii) No motor vehicle shall be operated on a designated oversand
route without a valid permit issued by the Superintendent.
(iii) Permits are not transferable to another motor vehicle or to
another driver. The driver listed on the permit must be present in the
vehicle at any time it is being operated on an oversand route. Permits
are to be displayed as directed at the time of issuance.
(iv) No permit shall be valid for more than one year. Permits may be
issued for lesser periods, as appropriate for the time of year at which
a permit is issued or the length of time for which use is requested.
(v) For a permit to be issued, a motor vehicle must:
(A) Be capable of four-wheel drive operation.
(B) Meet the requirements of Sec. 4.10(c)(3) of this chapter and
conform to all applicable State laws regarding licensing, registration,
inspection, insurance, and required equipment.
(C) Contain the following equipment to be carried at all times when
the vehicle is being operated on an oversand route: shovel; tow rope,
cable or chain; jack; and board or similar support for the jack.
(vi) No permit will be issued for a two-wheel drive motor vehicle, a
motorcycle, an all-terrain vehicle, or any vehicle not meeting State
requirements for on-road use.
(vii) In addition to any penalty required by Sec. 1.3 of this
chapter for a violation of regulations governing the use of motor
vehicles on oversand routes, the Superintendent may revoke the
[[Page 72]]
permit of the person committing the violation or in whose vehicle the
violation was committed. No person whose permit has been so revoked
shall be issued a permit for a period of one year following revocation.
(3) Operation of vehicles. (i) No motor vehicle shall be operated in
any location off a designated oversand route or on any portion of a
route designated as closed by the posting of appropriate signs.
(ii) No motor vehicle shall be operated on an oversand route in
excess of the following speeds:
(A) 15 miles per hour while within 100 feet of any person not in a
motor vehicle.
(B) 25 miles per hour at all other times.
(iii) When two motor vehicles meet on an oversand route, both
drivers shall reduce speed and the driver who is traveling south or west
shall yield the right of way, if the route is too narrow for both
vehicles.
(iv) The towing of trailers on oversand routes is prohibited.
(4) Information collection. The information collection requirements
contained in Sec. 7.12(b)(2) have been approved by the Office
Management and Budget under 44 U.S.C. 3507 and assigned clearance number
1024-0017. The information is being collected to solicit information
necessary for the Superintendent to issue ORV permits. This information
will be used to grant administrative benefits. The obligation to respond
is required to obtain a benefit.
(c) Personal Watercraft (PWC). (1) PWCs may operate within Gulf
Islands National Seashore except in the following closed areas:
(i) The lakes, ponds, lagoons and inlets of Cat Island, East Ship
Island, West Ship Island, Horn Island, and Petit Bois Island;
(ii) The lagoons of Perdido Key within Big Lagoon;
(iii) The areas within 200 feet from the remnants of the old fishing
pier and within 200 feet from the new fishing pier at Fort Pickens; and
(iv) Within 200 feet of non-motorized vessels and people in the
water, except individuals associated with the use of the PWC.
(2) PWC may not be operated at greater than flat wake speed in the
following locations:
(i) Within 0.5 mile from the shoreline or within 0.5 mile from
either side of the pier at West Ship Island;
(ii) Within 0.5 mile from the shoreline on the designated wilderness
islands of Horn and Petit Bois; and
(iii) Within 300 yards from all other park shorelines.
(3) PWC are allowed to beach at any point along the shore except as
follows:
(i) PWC may not beach in any restricted area listed in paragraph
(c)(1) of this section; and
(ii) PWC may not beach above the mean high tide line on the
designated wilderness islands of Horn and Petit Bois.
(4) The Superintendent may temporarily limit, restrict or terminate
access to the areas designated for PWC use after taking into
consideration public health and safety, natural and cultural resource
protection, and other management activities and objectives.
[41 FR 29120, July 15, 1976, as amended at 46 FR 40875, Aug. 13, 1981;
52 FR 10686, Apr. 2, 1987; 71 FR 26244, May 4, 2006]
Sec. 7.13 Yellowstone National Park.
(a) Commercial Vehicles. (1) Notwithstanding the prohibition of
commercial vehicles set forth in Sec. 5.6 of this chapter, commercial
vehicles are allowed to operate on U.S. Highway 191 in accordance with
the provisions of this section.
(2) The transporting on U.S. Highway 191 of any substance or
combination of substances, including any hazardous substance, hazardous
material, or hazardous waste as defined in 49 CFR 171.8 that requires
placarding of the transport vehicle in accordance with 49 CFR 177.823 or
any marine pollutant that requires marking as defined in 49 CFR Subtitle
B, is prohibited; provided, however, that the superintendent may issue
permits and establish terms and conditions for the transportation of
hazardous materials on U.S. Highway 191 in emergencies or when such
transportation is necessary for access to lands within or adjacent to
the park area.
(3) The operator of a motor vehicle transporting any hazardous
substance,
[[Page 73]]
hazardous material, hazardous waste, or marine pollutant in accordance
with a permit issued under this section is not relieved in any manner
from complying with all applicable regulations in 49 CFR Subtitle B, or
with any other State or federal laws and regulations applicable to the
transportation of any hazardous substance, hazardous material, hazardous
waste, or marine pollutant.
(4) The superintendent may require a permit and establish terms and
conditions for the operation of a commercial vehicle on any park road in
accordance with Sec. 1.6 of this chapter. The superintendent may charge
a fee for permits in accordance with a fee schedule established
annually.
(5) Operating without, or violating a term or condition of, a permit
issued in accordance with this section is prohibited. In addition,
violating a term or condition of a permit may result in the suspension
or revocation of the permit.
(b) Employee motor vehicle permits:
(1) A motor vehicle owned and/or operated by an employee of the U.S.
Government, park concessioners and contractors, whether employed in a
permanent or temporary capacity, shall be registered with the
Superintendent and a permit authorizing the use of said vehicle in the
park is required. This requirement also applies to members of an
employee's family living in the park who own or operate a motor vehicle
within the park. Such permit, issued free of charge, may be secured only
when the vehicle operator can produce a valid certificate of
registration, and has in his possession a valid operator's license. No
motor vehicle may be operated on park roads unless properly registered.
(2) The permit is valid only for the calendar year of issue.
Registry must be completed and permits secured by April 15 of each year
or within one week after bringing a motor vehicle into the park,
whichever date is later. The permit shall be affixed to the vehicle as
designated by the Superintendent.
(c) [Reserved]
(d) Vessels--(1) Permit. (i) A general permit, issued by the
Superintendent, is required for all vessels operated upon the waters of
the park open to boating. In certain areas a special permit is required
as specified hereinbelow. These permits must be carried within the
vessel at all times when any person is aboard, and shall be exhibited
upon request to any person authorized to enforce the regulations in this
chapter.
(ii) A special permit shall be issued by the Superintendent to any
holder of a general permit who expresses the intention to travel into
either the South Arm or the Southeast Arm ``Five Mile Per Hour Zones''
of Yellowstone Lake, as defined in paragraphs (d)(6) (ii) and (iii) of
this section, upon the completion and filing of a form statement in
accordance with the provisions of paragraph (d)(10) of this section.
(iii) Neither a general nor special permit shall be issued until the
permittee has signed a statement certifying that he is familiar with the
speed and all other limitations and requirements in these regulations.
The applicant for a special permit shall also agree in writing to
provide, in accordance with paragraph (d)(10) of this section,
information concerning the actual travel within the ``Five Mile Per Hour
Zones.''
(2) Removal of vessels. All privately owned vessels, boat trailers,
waterborne craft of any kind, buoys, mooring floats, and anchorage
equipment will not be permitted in the park prior to May 1 and must be
removed by November 1.
(3) Restricted landing areas. (i) Prior to July 1 of each year, the
landing of any vessel on the shore of Yellowstone Lake between Trail
Creek and Beaverdam Creek is prohibited, except upon written permission
of the Superintendent.
(ii) The landing or beaching of any vessel on the shores of
Yellowstone Lake (a) within the confines of Bridge Bay Marina and Lagoon
and the connecting channel with Yellowstone Lake; and (b) within the
confines of Grant Village Marina and Lagoon and the connecting channel
with Yellowstone Lake is prohibited except at the piers or docks
provided for the purpose.
(4) Closed waters. (i) Vessels are prohibited on Sylvan Lake,
Eleanor Lake, Twin Lakes, and Beach Springs Lagoon.
[[Page 74]]
(ii) Vessels are prohibited on park rivers and streams (as
differentiated from lakes and lagoons), except on the channel between
Lewis Lake and Shoshone Lake, which is open only to handpropelled
vessels.
(5) Lewis Lake motorboat waters. Motorboats are permitted on Lewis
Lake.
(6) Yellowstone Lake motorboat waters. Motorboats are permitted on
Yellowstone Lake except in Flat Mountain Arm as described in paragraph
(d)(6)(i) of this section and as restricted within the South Arm and the
Southeast Arm where operation is confined to areas known as ``Five Mile
Per Hour Zones'' which waters are between the lines as described in
paragraphs (d)(6) (ii) and (iii) of this section in the South Arm and
Southeast Arm, but which specifically exclude the southernmost 2 miles
of both Arms which are open only to hand-propelled vessels.
(i) The following portion of Flat Mountain Arm of Yellowstone Lake
is restricted to hand-propelled vessels: West of a line beginning at a
point marked by a monument located on the south shore of the Flat
Mountain Arm and approximately 10,200 feet easterly from the southwest
tip of the said arm, said point being approximately
44[deg]22[min]13.2[sec] N. latitude and 110[deg]25[min]07.2[sec] W.
longitude, then running approximately 2,800 feet due north to a point
marked by a monument located on the north shore of the Flat Mountain
Arm, said point being approximately 44[deg]22[min]40[sec] N. latitude
and 110[deg]25[min]07.2[sec] W. longitude.
(ii) In the South Arm that portion between a line from Plover Point
running generally east to a point marked by a monument on the northwest
tip of the peninsula common to the South and Southeast Arms; and a line
from a monument located on the west shore of the South Arm approximately
2 miles north of the cairn which marks the extreme southern extremity of
Yellowstone Lake in accordance with the Act of Congress establishing
Yellowstone National Park; said point being approximately in latitude
44[deg]18[min]22.8[sec] N., at longitude 110[deg]20[min]04.8[sec] W.,
Greenwich Meridian, running due east to a point on the east shore of the
South Arm marked by a monument. Operation of motorboats south of the
latter line is prohibited.
(iii) In the Southeast Arm that portion between a line from a
monument on the northwest tip of the peninsula common to the South and
Southeast Arms which runs generally east to a monument at the mouth of
Columbine Creek; and a line from a cairn which marks the extreme eastern
extremity of Yellowstone Lake, in accordance with the Act of Congress
establishing Yellowstone National Park; said point being approximately
in latitude 44[deg]19[min]42.0[sec] N., at longitude
110[deg]12[min]06.0[sec] W., Greenwich Meridian, running westerly to a
point on the west shore of the Southeast Arm, marked by a monument; said
point being approximately in latitude 44[deg]20[min]03.6[sec] N., at
longitude 110[deg]16[min]19.2[sec] W., Greenwich Meridian. Operation of
motorboats south of the latter line is prohibited.
(7) Motorboats are prohibited on park waters except as permitted in
paragraphs (d) (5) and (6) of this section.
(8) Hand-propelled vessel waters. Hand-propelled vessels and sail
vessels may operate in park waters except on those waters named in
paragraph (d)(4) of this section.
(9) Five Mile Per Hour Zone motorboat restrictions. The operation of
motorboats within ``Five Mile Per Hour Zones'' is subject to the
following restrictions:
(i) Class 1 and Class 2 motorboats shall proceed no closer than one-
quarter mile from the shoreline except to debark or embark passengers,
or while moored when passengers are ashore.
(ii) [Reserved]
(10) Permission required to operate motorboats in Five Mile Per Hour
Zone. Written authority for motorboats to enter either or both the South
Arm or the Southeast Arm ``Five Mile Per Hour Zones'' shall be granted
to an operator providing that prior to commencement of such entry the
operator completes and files with the Superintendent a form statement
showing:
(i) Length, make, and number of motorboat.
(ii) Type of vessel, such as inboard, inboard-outboard, turbojet,
and including make and horsepower rating of motor.
(iii) Name and address of head of party.
(iv) Number of persons in party.
[[Page 75]]
(v) Number of nights planned to spend in each ``Five Mile Per Hour
Zone.''
(vi) Place where camping is planned within each ``Five Mile Per Hour
Zone,'' or if applicable, whether party will remain overnight on board.
(11) The disturbance of birds inhabiting or nesting on either of the
islands designated as ``Molly Islands'' in the Southeast Arm of
Yellowstone Lake is prohibited; nor shall any vessel approach the
shoreline of said islands within one-quarter mile.
(12) Boat racing, water pageants, and spectacular or unsafe types of
recreational use of vessels are prohibited on park waters.
(e) Fishing. (1) Fishing restrictions, based on management
objectives described in the park's Resources Management Plan, are
established annually by the superintendent.
(2) The superintendent may impose closures and establish conditions
or restrictions, in accordance with the criteria and procedures of
Sec. Sec. 1.5 and 1.7 of this chapter, on any activity pertaining to
fishing, including, but not limited to, seasons and hours during which
fishing may take place, size, creel and possession limits, species of
fish that may be taken and methods of taking.
(3) Closed waters. The following waters of the park are closed to
fishing and are so designated by appropriate signs:
(i) Pelican Creek from its mouth to a point two miles upstream.
(ii) The Yellowstone River and its tributary streams from the
Yellowstone Lake outlet to a point one mile downstream.
(iii) The Yellowstone River and its tributary streams from the
confluence of Alum Creek with the Yellowstone River upstream to the
Sulphur Caldron.
(iv) The Yellowstone River from the top of the Upper Falls
downstream to a point directly below the overlook known as Inspiration
Point.
(v) Bridge Bay Lagoon and Marina and Grant Village Lagoon and Marina
and their connecting channels with Yellowstone Lake.
(vi) The shores of the southern extreme of the West Thumb thermal
area along the shore of Yellowstone Lake to the mouth of Little Thumb
Creek.
(vii) The Mammoth water supply reservoir.
(4) Fishing in closed waters or violating a condition or restriction
established by the superintendent is prohibited.
(f) Commercial passenger-carrying vehicles. The prohibition against
the commercial transportation of passengers by motor vehicles in
Yellowstone National Park contained in Sec. 5.4 of this chapter shall
be subject to the following exception: Motor vehicles operated on an
infrequent and nonscheduled tour on which the visit to the park is an
incident to such tour, carrying only round trip passengers traveling
from the point of origin of the tour will, subject to the conditions set
forth in this paragraph, be accorded admission to the park for the
purpose of delivering passengers to a point of overnight stay in the
park and exit from the park. After passengers have completed their stay,
such motor vehicles shall leave the park by the most convenient exit
station, considering their destinations. Motor vehicles admitted to the
park under this paragraph shall not, while in the park, engage in
general sightseeing operations. Admission will be accorded such vehicles
upon establishing to the satisfaction of the superintendent that the
tour originated from such place and in such manner as not to provide in
effect a regular and duplicating service conflicting with, or in
competition with, the services provided for the public pursuant to
contract authorization from the Secretary. The superintendent shall have
the authority to specify the route to be followed by such vehicles
within the park.
(g) Camping. (1) Camping in Yellowstone National Park by any person,
party, or organization during any calendar year during the period Labor
Day through June 30, inclusive, shall not exceed 30 days, either in a
single period or combined separate periods, when such limitations are
posted.
(2) The intensive public-use season for camping shall be the period
July 1 to Labor Day. During this period camping by any person, party, or
organization shall be limited to a total of 14
[[Page 76]]
days either in a single period or combined separate periods.
(h) Dogs and cats. Dogs and cats on leash, crated, or otherwise
under physical restraint are permitted in the park only within 100 feet
of established roads and parking areas. Dogs and cats are prohibited on
established trails and boardwalks.
(i) [Reserved]
(j) Travel on trails. Foot travel in all thermal areas and within
the Yellowstone Canyon between the Upper Falls and Inspiration Point
must be confined to boardwalks or trails that are maintained for such
travel and are marked by official signs.
(k) Portable engines and motors. The operation of motor-driven chain
saws, portable motor-driven electric light plants, portable motor-driven
pumps, and other implements driven by portable engines and motors is
prohibited in the park, except in Mammoth, Canyon, Fishing Bridge,
Bridge Bay, Grant Village, and Madison Campgrounds, for park operation
purposes, and for construction and maintenance projects authorized by
the Superintendent. This restriction shall not apply to outboard motors
on waters open to motorboating.
(l)(1) What is the scope of this regulation? The regulations
contained in paragraphs (l)(2) through (l)(15) and (l)(18) of this
section apply to the use of snowcoaches and snowmobiles by guides and
park visitors. Except where indicated, paragraphs (l)(2) through (l)(15)
do not apply to non-administrative oversnow vehicle use by affiliated
persons.
(2) What terms do I need to know? The definitions in this paragraph
(l)(2) also apply to non-administrative oversnow vehicle use by
affiliated persons.
Affiliated persons means persons other than guides or park visitors.
Affiliated persons include NPS employees, contractors, concessioner
employees, their families and guests, or other persons designated by the
Superintendent.
Commercial guide means a person who operates as a snowmobile or
snowcoach guide for a monetary fee or other compensation and is
authorized to operate in the park under a concession contract or a
commercial use authorization.
Commercial tour operator means a person authorized to operate
oversnow vehicle tours in the park under a concession contract or a
commercial use authorization.
Enhanced emission standards means for snowmobiles, a maximum of 65
dB(A) as measured at cruising speed (approximately 35 mph) in accordance
with the Society of Automotive Engineers (SAE) J1161 test procedures and
certified under 40 CFR part 1051 to a Family Emission Limit no greater
than 60 g/kW-hr for carbon monoxide; and for snowcoaches, a maximum of
71 dB(A) when measured by operating the snowcoach at cruising speed for
the test cycle in accordance with the SAE J1161 test procedures.
Guide means a commercial guide or a non-commercial guide.
Non-commercial guide means a person who has successfully completed
training and certification requirements established by the
Superintendent that demonstrate the requisite knowledge and skills to
operate a snowmobile in Yellowstone National Park. In order to be
certified and receive a special use permit, a non-commercial guide must
be at least 18 years of age by the day of the trip and possess a valid
state-issued motor vehicle driver's license.
Non-commercially guided group means a group of no more than five
snowmobiles, including a non-commercial guide, permitted to enter the
park under the Non-commercially Guided Snowmobile Access Program.
Non-commercially Guided Snowmobile Access Program means a program
that permits authorized parties to enter Yellowstone National Park
without a commercial guide.
Oversnow route means that portion of the unplowed roadway located
between the road shoulders and designated by snow poles or other poles,
ropes, fencing, or signs erected to regulate oversnow activity. Oversnow
routes include pullouts or parking areas that are groomed or marked
similarly to roadways and are adjacent to designated oversnow routes. An
oversnow route may also be distinguished by the interior boundaries of
the berm created by the packing and grooming of the unplowed roadway.
[[Page 77]]
Oversnow vehicle means a snowmobile, snowcoach, or other motorized
vehicle that is intended for travel primarily on snow and has been
authorized by the Superintendent to operate in the park. All-terrain
vehicles and utility-type vehicles are not oversnow vehicles, even if
they have been modified for use on snow with track or ski systems
Snowcoach means a self-propelled mass transit vehicle intended for
travel on snow, having a curb weight of over 1,000 pounds (450
kilograms), having a capacity of at least eight passengers and no more
than 32 passengers, plus a driver.
Snowcoach transportation event means one snowcoach that does not
meet enhanced emission standards traveling in Yellowstone National Park
on any given day, or two snowcoaches that both meet enhanced emission
standards traveling together in Yellowstone National Park on any given
day.
Snowmobile means a self-propelled vehicle intended for travel solely
on snow, with a maximum curb weight of 1,000 pounds (450 kilograms),
driven by a track or tracks in contact with the snow, and which may be
steered by a ski or skis in contact with the snow.
Snowmobile transportation event means a group of 10 or fewer
commercially guided snowmobiles traveling together in Yellowstone
National Park on any given day or a non-commercially guided group, which
is defined separately. Snowmobiles entering Cave Falls Road are not
considered snowmobile transportation events.
Snowplane means a self-propelled vehicle intended for oversnow
travel and driven by an air-displacing propeller.
Transportation event means a snowmobile transportation event or a
snowcoach transportation event.
(3) When may I operate a snowmobile in Yellowstone National Park?
You may operate a snowmobile in Yellowstone National Park each winter
season only in compliance with use limits, guiding requirements,
operating hours, equipment, and operating conditions established under
this section. The operation of snowmobiles under a concessions contract
or commercial use authorization is subject to the conditions stated in
the concessions contract or commercial use authorization. The
Superintendent may establish additional operating conditions after
providing notice of those conditions in accordance with one or more
methods listed in 36 CFR 1.7.
(4) When may I operate a snowcoach in Yellowstone National Park? (i)
A snowcoach may be operated in Yellowstone National Park only under a
concessions contract or commercial use authorization each winter season.
Snowcoach operation is subject to the conditions stated in the
concessions contract or commercial use authorization and all other
conditions identified in this section. The Superintendent may establish
additional operating conditions, including performance-based emission
standards for snowcoaches, after providing notice of those conditions in
accordance with one or more methods listed in 36 CFR 1.7.
(ii) The requirements in paragraphs (l)(4)(iii) through (iv) of this
section apply to:
(A) new snowcoaches put into service on or after December 15, 2014;
(B) snowcoaches used in lieu of snowmobile transportation events
during the 2014-2015 and 2015-2016 winter seasons; and
(C) all existing snowcoaches as of December 15, 2016.
(iii) The following air emission requirements apply to snowcoaches:
------------------------------------------------------------------------
must meet the
A snowcoach that is a . . . following standard .
. .
------------------------------------------------------------------------
(A) Diesel-fueled snowcoach with a gross vehicle The functional
weight rating (GVWR) less than 8,500 pounds. equivalent of 2010
(or newer) EPA Tier
2 model year engine
and emission
control technology
requirements.
(B) Diesel-fueled snowcoach with a GVWR greater The EPA model year
than or equal to 8,500 pounds. 2010 ``engine
configuration
certified'' diesel
air emission
requirements.
Alternately, a
snowcoach in this
category may be
certified under the
functional
equivalent of 2010
(or newer) EPA Tier
2 model year engine
and emission
control technology
requirements if the
snowcoach:
(1) Has a GVWR
between 8,500 and
10,000 pounds; and
(2) Would achieve
better emission
results with a
configuration that
meets the Tier 2
requirements.
[[Page 78]]
(C) Gasoline-fueled snowcoach greater than or The functional
equal to 10,000 GVWR. equivalent of 2008
(or newer) EPA Tier
2 model year engine
and emission
control technology
requirements.
(D) Gasoline-fueled snowcoach less than 10,000 The functional
GVWR. equivalent of 2007
(or newer) EPA Tier
2 model year engine
and emission
control technology
requirements.
------------------------------------------------------------------------
(iv) A snowcoach may not exceed a sound level of 75 dB(A) when
measured by operating the snowcoach at 25 mph, or at its maximum
cruising speed if that is less than 25 mph, for the test cycle in
accordance with the SAE J1161 test procedures.
(v) All emission-related exhaust components (as listed in the
applicable portion of 40 CFR 86.004-25) must function properly. These
emission-related components must be replaced with the original equipment
manufacturer (OEM) component, if practicable. If OEM parts are not
available, aftermarket parts may be used.
(vi) Operating a snowcoach with the original pollution control
equipment disabled or modified is prohibited.
(vii) Before the start of a winter season, a snowcoach manufacturer
or a commercial tour operator must demonstrate, by means acceptable to
the Superintendent, that a snowcoach meets the air and sound emission
standards. The NPS will test and certify snowcoaches for compliance with
air and sound emission requirements at locations in the park. A
snowcoach meeting the requirements for air and sound emissions may be
operated in the park through the winter season that begins no more than
10 years from the engine manufacture date, or longer if the snowcoach is
certified to meet performance-based emission standards established by
the Superintendent under paragraph (l)(4)(i) of this section.
(viii) Snowcoaches are subject to periodic and unannounced
inspections to determine compliance with the requirements of paragraph
(l)(4) of this section.
(ix) This paragraph (l)(4) also applies to non-administrative
oversnow vehicle use by affiliated persons.
(5) Must I operate a certain model of snowmobile? Only snowmobiles
that meet NPS air and sound emissions requirements in this section may
be operated in the park. Before the start of a winter season, a
snowmobile manufacturer must demonstrate, by means acceptable to the
Superintendent, that a snowmobile meets the air and sound emission
standards. The Superintendent will approve snowmobile makes, models, and
years of manufacture that meet those requirements. Any snowmobile model
not approved by the Superintendent may not be operated in the park.
(6) What standards will the Superintendent use to approve snowmobile
makes, models, and years of manufacture for use in the park? (i)
Snowmobiles must meet the following air emission requirements:
(A) Through March 15, 2015, all snowmobiles must be certified under
40 CFR part 1051 to a Family Emission Limit no greater than 15 g/kW-hr
for hydrocarbons and to a Family Emission Limit no greater than 120 g/
kW-hr for carbon monoxide.
(B) As of December 15, 2015, all snowmobiles must be certified under
40 CFR part 1051 to a Family Emission Limit no greater than 15 g/kW-hr
for hydrocarbons and to a Family Emission Limit no greater than 90 g/kW-
hr for carbon monoxide.
(ii) Snowmobiles must meet the following sound emission
requirements:
(A) Through March 15, 2015, snowmobiles must operate at or below 73
dB(A) as measured at full throttle according to SAE J192 test procedures
(revised 1985). During this period, snowmobiles may be tested at any
barometric pressure equal to or above 23.4 inches Hg uncorrected.
(B) As of December 15, 2015, snowmobiles must operate at or below 67
dB(A) as measured at cruising speed (approximately 35mph) in accordance
with SAE J1161 test procedures. Sound emissions tests must be
accomplished within the barometric pressure limits of the test
procedure; there will be no allowance for elevation. A population of
measurements for a snowmobile model may not exceed a mean output of 67
dB(A), and a single measurement may not exceed
[[Page 79]]
69 dB(A). The Superintendent may revise these testing procedures based
on new information or updates to the SAE J1161 testing procedures.
(iii) A snowmobile meeting the requirements for air and sound
emissions may be operated in the park for a period not exceeding six
years from the manufacturing date, or after the snowmobile has travelled
6,000 miles, whichever occurs later.
(iv) Operating a snowmobile that has been modified in a manner that
may adversely affect air or sound emissions is prohibited.
(v) These air and sound emissions requirements do not apply to
snowmobiles operated on the Cave Falls Road in the park.
(vi) Snowmobiles are subject to periodic and unannounced inspections
to determine compliance with the requirements of paragraph (l)(6) of
this section.
(vii) This paragraph (l)(6) also applies to non-administrative
oversnow vehicle use by affiliated persons.
(7) Where may I operate a snowmobile in Yellowstone National Park?
(i) You may operate an authorized snowmobile only upon designated
oversnow routes established within the park in accordance with 36 CFR
2.18(c). The following oversnow routes are so designated:
(A) Entrance roads: from the parking lot at Upper Terrace Drive
south of Mammoth Hot Springs to Norris Junction, from the park boundary
at West Yellowstone to Madison Junction, from the South Entrance to West
Thumb, and from the East Entrance to junction with the Grand Loop Road.
(B) Grand Loop Road segments: from Norris Junction to Madison
Junction, from Madison Junction to West Thumb, from West Thumb to the
junction with the East Entrance Road, from Norris Junction to Canyon
Junction, and from Canyon Junction to the junction with the East
Entrance Road.
(C) Side roads: South Canyon Rim Drive, Lake Butte Road, Firehole
Canyon Drive, North Canyon Rim Drive, and Riverside Drive.
(D) Developed area roads in the areas of Madison Junction, Old
Faithful, Grant Village, West Thumb, Lake, East Entrance, Fishing
Bridge, Canyon, Indian Creek, and Norris.
(ii) The Superintendent may open or close these oversnow routes, or
portions thereof, for snowmobile travel after taking into consideration
the location of wintering wildlife, appropriate snow cover, public
safety, avalanche conditions, resource protection, park operations, use
patterns, and other factors. The Superintendent will provide public
notice of any opening or closing by one or more of the methods listed in
36 CFR 1.7.
(iii) This paragraph (l)(7) also applies to non-administrative
oversnow vehicle use by affiliated persons.
(iv) Maps detailing the designated oversnow routes are available at
Park Headquarters.
(8) What routes are designated for snowcoach use? (i) Authorized
snowcoaches may be operated on the routes designated for snowmobile use
in paragraph (l)(7)(i) of this section. Snowcoaches may be operated on
the Grand Loop Road from Canyon Junction to the Washburn Hot Springs
Overlook. In addition, rubber-tracked snowcoaches may be operated from
the park entrance at Gardiner, MT, to the parking lot of Upper Terrace
Drive and in the Mammoth Hot Springs developed area.
(ii) The Superintendent may open or close these oversnow routes, or
portions thereof, after taking into consideration the location of
wintering wildlife, appropriate snow cover, public safety, avalanche
conditions, resource protection, park operations, use patterns, and
other factors. The Superintendent will provide public notice of any
opening or closing by one of more of the methods listed in 36 CFR 1.7.
(iii) This paragraph (l)(8) also applies to non-administrative
snowcoach use by affiliated persons.
(9) Must I travel with a guide while snowmobiling in Yellowstone and
what other guiding requirements apply? (i) All visitors operating
snowmobiles in the park must be accompanied by a guide.
(ii) Unguided snowmobile access is prohibited.
(iii) The Superintendent will establish the requirements, including
training and certification requirements for commercial guides and non-
commercial guides and accompanying snowmobile operators.
[[Page 80]]
(iv) Guided parties must travel together within one-third of a mile
of the first snowmobile in the group.
(v) Snowmobiles operated by non-commercial guides must be clearly
marked so that park personnel can easily ascertain which snowmobiles in
the park are part of a non-commercially guided group.
(vi) Non-commercial guides must obtain a special use permit from the
Non-commercially Guided Snowmobile Access Program prior to entering the
park with a non-commercially guided group.
(vii) The guiding requirements described in this paragraph (l)(9) do
not apply to Cave Falls Road.
(10) Are there limits upon the number of snowmobiles and snowcoaches
permitted to operate in the park each day? As of December 15, 2014, the
number of snowmobiles and snowcoaches permitted to operate in the park
each day will be managed by transportation events, as follows:
(i) A transportation event consists of a group of no more than 10
snowmobiles (including the snowmobile operated by the guide) or 1
snowcoach (unless enhanced emission standards allow for 2).
(ii) No more than 110 transportation events may occur in Yellowstone
National Park on any given day.
(iii) No more than 50 of the 110 transportation events allowed each
day may be snowmobile transportation events.
(iv) Four of the 50 snowmobile transportation events allowed each
day are reserved for non-commercially guided groups, with one such group
allowed per entrance per day. The Superintendent may adjust or terminate
the Non-commercially Guided Snowmobile Access Program, or redistribute
non-commercially guided transportation events, based upon impacts to
park resources, park operations, utilization rates, visitor experiences,
or other factors, after providing public notice in accordance with one
or more methods listed in 36 CFR 1.7.
(v) Transportation events allocated to commercial tour operators may
be exchanged among commercial tour operators, but only for the same
entrance or location.
(vi) Commercial tour operators may decide whether to use their daily
allocations of transportation events for snowmobiles or snowcoaches,
subject to the limits in this section.
(vii) Transportation events may not exceed the maximum number of
oversnow vehicles allowed for each transportation event.
(viii) Snowmobile transportation events conducted by a commercial
tour operator may not exceed an average of 7 snowmobiles, averaged over
the winter season. However, snowmobile transportation events conducted
by a commercial tour operator that consist entirely of snowmobiles
meeting enhanced emission standards may not exceed an average of 8
snowmobiles, averaged over the winter season. For the 2014-2015 winter
season only, snowmobile transportation events conducted by a commercial
tour operator that consist of any snowmobile that does not meet the air
emission requirements in paragraph (l)(6)(i)(B) of this section or the
sound emission requirements in paragraph (l)(6)(ii)(B) of this section
may not exceed an average of 7 snowmobiles, averaged daily.
(ix) Snowcoach transportation events that consist entirely of
snowcoaches meeting enhanced emission standards may not exceed an
average of 1.5 snowcoaches, averaged over the winter season.
(x) A commercial tour operator that is allocated a transportation
event, but does not use it or exchange it can count that event as ``0''
against that commercial tour operator's daily and seasonal averages. A
commercial tour operator that receives a transportation event from
another concessioner, but does not use it, may also count that event as
``0'' against its daily and seasonal averages.
(xi) Up to 50 snowmobiles may enter Cave Falls Road each day.
(xii) Daily allocations and entrance distributions for
transportation events are listed in the following table:
[[Page 81]]
Daily Transportation Event Entry Limits by Park Entrance/Location
----------------------------------------------------------------------------------------------------------------
Snowcoach
Snowcoach transportation
Commercially Non-commercially transportation events if zero
Park entrance/location guided snowmobile guided snowmobile events if all 50 commercially
transportation transportation snowmobile guided snowmobile
events events transportation transportation
events are used events are used*
----------------------------------------------------------------------------------------------------------------
West Entrance....................... 23 1 26 49
South Entrance...................... 17 1 8 25
East Entrance....................... 2 1 1 3
North Entrance...................... 2 1 13 15
Old Faithful........................ 2 0 12 14
---------------------------------------------------------------------------
Total........................... 46 4 60 106
----------------------------------------------------------------------------------------------------------------
* The remaining 4 transportation events are reserved for non-commercially guided snowmobiles.
(xiii) The Superintendent may decrease the maximum number of
transportation events allowed in the park each day, or make limited
changes to the transportation events allocated to each entrance, after
taking into consideration the location of wintering wildlife,
appropriate snow cover, public safety, avalanche conditions, park
operations, utilization rates, visitor experiences, or other factors.
The Superintendent will provide public notice of changes by one or more
of the methods listed in 36 CFR 1.7.
(xiv) For the 2013-2014 winter season only, the number of
snowmobiles and snowcoaches allowed to operate in the park each day is
limited to a certain number per entrance or location as set forth in the
following table. During this period, all snowmobiles operated by park
visitors must be accompanied by a commercial guide. Snowmobile parties
must travel in a group of no more than 11 snowmobiles, including the
guide.
Number of Snowmobiles and Snowcoaches Allowed in the Park on Any Day by
Park Entrance/Location for the 2013-2014 Winter Season
------------------------------------------------------------------------
Commercially Commercially
Park entrance/location guided guided
snowmobiles snowcoaches
------------------------------------------------------------------------
West Entrance..................... 160 34
South Entrance.................... 114 13
East Entrance..................... 20 2
North Entrance *.................. 12 13
Old Faithful *.................... 12 16
------------------------------------------------------------------------
* Commercially guided snowmobile tours originating at the North Entrance
and Old Faithful are currently provided solely by one concessioner.
Because this concessioner is the sole provider at both of these areas,
this regulation allows reallocation of snowmobiles between the North
Entrance and Old Faithful as necessary, so long as the total daily
number of snowmobiles originating from the two locations does not
exceed 24. For example, the concessioner could operate 6 snowmobiles
at Old Faithful and 18 at the North Entrance if visitor demand
warranted it. This will allow the concessioner to respond to changing
visitor demand for commercially guided snowmobile tours, thus
enhancing the availability of visitor services in Yellowstone.
(xv) Paragraph (l)(10)(xiv) remains in effect until March 15, 2014.
(11) How will the park monitor compliance with the required average
and maximum size of transportation events? As of December 15, 2014:
(i) Each commercial tour operator must maintain accurate and
complete records of the number of transportation events it has brought
into the park on a daily basis.
(ii) The records kept by commercial tour operators under paragraph
(l)(11)(i) of this section must be made available for inspection by the
park upon request.
(iii) Each commercial tour operator must submit a monthly report to
the park that includes the information below about snowmobile and
snowcoach use. We may require the report to be submitted more frequently
than monthly if it becomes necessary
[[Page 82]]
to more closely monitor activities to protect natural or cultural
resources in the park.
(A) Average group size for allocated transportation events during
the previous month and for the winter season to date. Any transportation
events that have been exchanged among commercial tour operators must be
noted and the receiving party must include these transportation events
in its reports.
(B) For each transportation event; the departure date, the duration
of the trip (in days), the event type (snowmobile or snowcoach), the
number of snowmobiles or snowcoaches, the number of visitors and guides,
the entrance used, route, and primary destinations, and if the
transportation event allocation was from another commercial tour
operator.
(iv) To qualify for the increased average size of snowmobile
transportation events or increased maximum size of snowcoach
transportation events, a commercial tour operator must:
(A) Demonstrate before the start of a winter season, by means
acceptable to the Superintendent, that his or her snowmobiles or
snowcoaches meet the enhanced emission standards; and
(B) Maintain separate records for snowmobiles and snowcoaches that
meet enhanced emission standards and those that do not to allow the park
to measure compliance with required average and maximum sizes of
transportation events.
(12) How will I know when I can operate a snowmobile or snowcoach in
the park? The Superintendent will:
(i) Determine the start and end dates of the winter season, which
will begin no earlier than December 15 and end no later than March 15
each year. The Superintendent will consider appropriate factors when
determining the length of the winter season, including adequate snow
cover, the location of wintering wildlife, public safety, resource
protection, park operations, and use patterns. Based upon these factors,
the Superintendent may determine that there will be no winter season for
oversnow vehicles or that certain areas of the park may be closed to
public OSV use.
(ii) Determine operating hours, dates, and use levels.
(iii) Notify the public of the start and end dates of the winter
season, operating hours, dates, use levels, and any applicable changes
through one or more of the methods listed in Sec. 1.7 of this chapter.
(iv) Except for emergency situations, announce annually any changes
to the operating hours, dates, and use levels.
(13) What other conditions apply to the operation of oversnow
vehicles? (i) The following are prohibited:
(A) Idling an oversnow vehicle for more than three minutes at any
one time.
(B) Driving an oversnow vehicle while the driver's motor vehicle
license or privilege is suspended or revoked.
(C) Allowing or permitting an unlicensed driver to operate an
oversnow vehicle.
(D) Driving an oversnow vehicle with disregard for the safety of
persons, property, or park resources, or otherwise in a reckless manner.
(E) Operating an oversnow vehicle without a lighted white headlamp
and red taillight.
(F) Operating an oversnow vehicle that does not have brakes in good
working order.
(G) The towing of persons on skis, sleds, or other sliding devices
by oversnow vehicles, except for emergency situations.
(H) Racing snowmobiles, or operating a snowmobile in excess of 35
mph, or operating a snowmobile in excess of any lower speed limit in
effect under Sec. 4.21(a)(1) or (2) of this chapter or that has been
otherwise designated.
(I) Operating a snowcoach in excess of 25 mph, or operating a
snowcoach in excess of any lower speed limit in effect under Sec.
4.21(a)(1) or (2) of this chapter or that has been otherwise designated.
(ii) The following are required:
(A) All oversnow vehicles that stop on designated routes must pull
over to the far right and next to the snow berm. Pullouts must be used
where available and accessible. Oversnow vehicles may not be stopped in
a hazardous location or where the view might be obscured. Oversnow
vehicles may not be operated so slowly as to interfere with the normal
flow of traffic.
[[Page 83]]
(B) Oversnow vehicle drivers must possess and carry at all times a
valid government-issued motor vehicle driver's license. A learner's
permit does not satisfy this requirement.
(C) Equipment sleds towed by a snowmobile must be pulled behind the
snowmobile and fastened to the snowmobile with a rigid hitching
mechanism.
(D) Snowmobiles must be properly registered in the U.S. State or
Canadian Province of principal use and must display a valid
registration.
(E) The only motor vehicles permitted on oversnow routes are
oversnow vehicles.
(F) An oversnow vehicle that does not meet the definition of a
snowcoach must comply with all requirements applicable to snowmobiles.
(iii) The Superintendent may impose other terms and conditions as
necessary to protect park resources, visitors, or employees. The
Superintendent will notify the public of any changes through one or more
methods listed in Sec. 1.7 of this chapter.
(iv) This paragraph (l)(13) also applies to non-administrative
oversnow vehicle use by affiliated persons.
(14) What conditions apply to alcohol use while operating an
oversnow vehicle? In addition to 36 CFR 4.23, the following conditions
apply:
(i) Operating or being in actual physical control of an oversnow
vehicle is prohibited when the operator is under 21 years of age and the
alcohol concentration in the operator's blood or breath is 0.02 grams or
more of alcohol per 100 milliliters of blood, or 0.02 grams or more of
alcohol per 210 liters of breath.
(ii) Operating or being in actual physical control of an oversnow
vehicle is prohibited when the operator is a guide and the alcohol
concentration in the operator's blood or breath is 0.04 grams or more of
alcohol per 100 milliliters of blood or 0.04 grams or more of alcohol
per 210 liters of breath.
(iii) This paragraph (1)(14) also applies to non-administrative
oversnow vehicle use by affiliated persons.
(15) Do other NPS regulations apply to the use of oversnow vehicles?
(i) The use of oversnow vehicles in Yellowstone National Park is subject
to Sec. Sec. 2.18(a) and (c), but not subject to Sec. Sec. 2.18(b),
(d), (e), and 2.19(b) of this chapter.
(ii) This paragraph (l)(15) also applies to non-administrative
oversnow vehicle use by affiliated persons.
(16) What forms of non-motorized oversnow transportation are allowed
in the park?
(i) Non-motorized travel consisting of skiing, skating, snowshoeing,
or walking is permitted unless otherwise restricted under this section
or other NPS regulations.
(ii) The Superintendent may designate areas of the park as closed,
reopen previously closed areas, or establish terms and conditions for
non-motorized travel within the park in order to protect visitors,
employees, or park resources. The Superintendent will notify the public
in accordance with Sec. 1.7 of this chapter.
(iii) Dog sledding and ski-joring (a skier being pulled by a dog,
horse, or vehicle) are prohibited. Bicycles, including bicycles modified
for oversnow travel, are prohibited on oversnow routes in Yellowstone
National Park.
(17) May I operate a snowplane in Yellowstone National Park? The
operation of a snowplane in Yellowstone National Park is prohibited.
(18) Is violating a provision of this section prohibited? (i)
Violating a term, condition, or requirement of paragraph (l) of this
section is prohibited.
(ii) Violation of a term, condition, or requirement of paragraph (l)
of this section by a guide may also result in the administrative
revocation of guiding privileges.
(19) Have the information collection requirements been approved? The
Office of Management and Budget has reviewed and approved the
information collection requirements in paragraph (l) and assigned OMB
Control No. 1024-0266. We will use this information to monitor
compliance with the required average and maximum size of transportation
events. The obligation to respond is required in order to obtain or
retain a benefit.
(m) Swimming. The swimming or bathing in a natural, historical, or
archeological thermal pool or stream that has waters originating
entirely
[[Page 84]]
from a thermal spring or pool is prohibited.
[36 FR 12014, June 24, 1971]
Editorial Note: For Federal Register citations affecting Sec. 7.13,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and at www.govinfo.gov.
Sec. 7.14 Great Smoky Mountains National Park.
(a) Fishing--(1) License. A person fishing within the park must have
in possession the proper State fishing license issued by either
Tennessee or North Carolina. A holder of a valid resident or nonresident
license issued by either State may fish throughout the park irrespective
of State boundaries, except in Closed and Excluded Waters.
(2) Closed and Excluded Waters. All waters of Mingus Creek, Lands
Creek, Chestnut Branch and that portion of LeConte Creek as posted
through the park residential area of Twin Creeks, are closed to and
excluded from fishing.
(3) Open Waters. (i) All of the waters of the Oconaluftee River
downstream from where it joins with Raven Fork to the park boundary and
that portion of Raven Fork from its junction with the Oconaluftee River
upstream and paralleling the Big Cove Road to the park boundary are open
to fishing in accordance with the Cherokee Fish and Game Management
regulations.
(ii) All other park waters are open to fishing in accordance with
National Park Service regulations.
(4) Season. Open all year for rainbow and brown trout, smallmouth
bass, and redeye (rockbass). All other fish are protected and may not be
taken by any means.
(5) Time. Fishing is permitted from sunrise to sunset only.
(6) Fish and equipment and bait. Fishing is permitted only by use of
one handheld rod and line.
(i) Only artificial flies or lures having one single hook may be
used.
(ii) The use or possession of any form of fish bait other than
artificial flies or lures on any park stream while in possession of
fishing tackle is prohibited.
(7) Size limits. All trout or bass caught less than the legal length
shall be immediately returned unharmed to the water from which taken.
(i) No trout or bass less than 7 in length may be
retained.
(ii) No size limit on redeye (rockbass).
(8) Possession limit. (i) Possession limit shall mean and include
the number of trout, bass or redeye (rockbass) caught in park waters
which may be in possession, regardless of whether they are fresh, stored
in ice chests, or otherwise preserved. A person must stop and desist
from fishing for the remainder of the day upon attaining the possession
limit.
(ii) Five, fish, trout, bass, or redeye, or a combination thereof,
is the maximum number which a person may retain in one day or be in
possession of at any one time.
(9) The superintendent may designate certain waters as Experimental
Fish Management Waters and issue temporary and special rules regulating
fishing use by posting signs and issuance of official public
notification. All persons shall observe and abide by such officially
posted rules pertaining to these specially designated waters.
(b) Beer and alcoholic beverages. The possession of beer or any
alcoholic beverages in an open or unsealed container, except in
designated picnic, camping, or overnight lodging facilities, is
prohibited.
[24 FR 11041, Dec. 30, 1959, as amended at 31 FR 5827, Apr. 15, 1966; 32
FR 21038, Dec. 30, 1967; 33 FR 18156, Dec. 6, 1968; 40 FR 16315, Apr.
11, 1975; 40 FR 25590, June 17, 1975; 48 FR 30294, June 30, 1983; 48 FR
31022, July 6, 1983]
Sec. 7.15 Shenandoah National Park.
(a) Backcountry camping. For purposes of clarification at Shenandoah
National Park, ``backcountry camping'' is defined as any use of portable
shelter or sleeping equipment in the backcountry. ``Backcountry'' is
defined as those areas of the park which are more than 250 yards from a
paved road, and more than one-half mile from any park facilities other
than trails, unpaved roads and trail shelters. The Superintendent may
designate areas where backcountry camping is prohibited if there would
be potential damage to park resources or disruption to other park uses.
Such areas will be
[[Page 85]]
marked on maps available in the Superintendent's office, visitor centers
and ranger stations. A person or group of persons may camp overnight at
any other backcountry location within the park, except:
(1) No person or group of persons traveling together may camp
without a valid backcountry camping permit. The issuance of this permit
may be denied when such action is necessary to protect park resources or
park visitors, or to regulate levels of visitor use in legislatively-
designated wilderness areas;
(2) No person may camp in or with a group of more than nine (9)
other persons;
(3) No person or group may backcountry camp:
(i) Within 250 yards or in view from any paved park road or the park
boundary;
(ii) Within one-half mile or in view from any automobile campground,
lodge, restaurant, visitor center, picnic area, ranger station,
administrative or maintenance area, or other park development or
facility except a trail, an unpaved road or a trail shelter;
(iii) On or in view from any trail or unpaved road, or within sight
of any sign which has been posted by park authorities to designate a no
camping area;
(iv) Within view of another camping party, or inside or within view
from a trail shelter: Provided, however, That backcountry campers may
seek shelter and sleep within or adjacent to a trail shelter with other
camping groups, during periods of severely unseasonable weather when the
protection and amenities of such shelter are deemed essential;
(v) Within 25 feet of any stream; and
(4) No person shall backcountry camp more than two (2) consecutive
nights at a single location. The term ``location'' shall mean that
particular campsite and the surrounding area within a two hundred fifty
(250) yard radius of that campsite.
(b) Powerless flight. The use of devices designed to carry persons
through the air in powerless flight is allowed at times and locations
designated by the superintendent, pursuant to the terms and conditions
of a permit.
(c) Sanitation. (1) The possession of food or beverage in
discardable glass containers is prohibited in the backcountry.
(2) Except in comfort facilities provided therefor, no person in the
backcountry shall urinate or defecate within ten (10) yards of any
stream, trail, unpaved road or park facility. Fecal material must be
placed in a hole and be covered with not less than three (3) inches of
soil.
[24 FR 11041, Dec. 30, 1959, as amended at 28 FR 1797, Feb. 27, 1963; 32
FR 17661, Dec. 12, 1967; 39 FR 9964, Mar. 15, 1974; 48 FR 30294, June
30, 1983; 49 FR 18450, Apr. 30, 1984; 52 FR 10686, Apr. 2, 1987; 52 FR
19345, May 22, 1987; 63 FR 13343, Mar. 19, 1998]
Sec. 7.16 Yosemite National Park.
(a) Fishing--(1) Open season and limit of catch. The open season for
fishing and the daily bag limit and possession limit shall conform to
that of the State of California for the Central Sierra Region, except as
otherwise provided by paragraph (k) of this section.
(2)-(3) [Reserved]
(4) Fishing from horseback. Fishing from horseback in any lake or
stream is prohibited.
(5) Gathering or securing grubs. Gathering or securing grubs for
bait through the destruction or tearing apart of down trees or logs
within sight of roads, trails or inhabited areas is prohibited.
(b) Closed roads. (1) The road between Hetch Hetchy Dam and Lake
Eleanor is closed to all motor vehicle travel except vehicles belonging
to the United States Government, the State of California, or the City of
San Francisco, California.
(2) [Reserved]
(c) Powerless flight. The use of devices designed to carry persons
through the air in powerless flight is allowed at times and locations
designated by the superintendent, pursuant to the terms and conditions
of a permit.
(d) [Reserved]
(e) Camping. (1) Camping is permitted in Yosemite National Park for
not more than a total of 30 days in any calendar year: Provided,
however, That during the period from June 1 to September 15, inclusive,
camping within the Yosemite Valley is limited to not
[[Page 86]]
more than a total of 7 days and camping within all other portions of the
park, during the same period, is limited to not more than a total of 14
days.
(2) Quiet shall be maintained at all camps between 10 p.m. and 6
a.m.
(f)-(g) [Reserved]
(h) Regulations governing eating and drinking establishments and
sale of food and drink. (1) No restaurant, coffee shop, cafeteria, short
order cafe, lunch room, tavern, sandwich stand, soda fountain, or other
eating and drinking establishment, including kitchens, or other place in
which food and drink is prepared for sale elsewhere, may be operated on
any privately-owned lands within Yosemite National Park unless a permit
for the operation thereof has first been secured from the
Superintendent.
(2) The Superintendent will issue such a permit only after an
inspection of the premises to be licensed by the County Health Officer
and written notice that the premises comply with the substantive
requirements of State and County health laws and ordinances which would
apply to the premises if the privately-owned lands were not subject to
the jurisdiction of the United States.
(3) The Superintendent or his duly authorized representative shall
have the right of inspection at all reasonable times for the purpose of
ascertaining whether eating and drinking establishments are being
operated in a sanitary manner.
(4) No fee will be charged for the issuance of such a permit.
(5) The applicant or permittee may appeal to the Regional Director,
National Park Service, from any final action of the Superintendent
refusing, conditioning or revoking the permit. Such an appeal, in
writing, shall be filed within twenty days after receipt of notice by
the applicant or permittee of the action appealed from. Any final
decision of the Regional Director may be appealed to the Director of the
National Park Service within 15 days after receipt of notice by the
applicant or permittee of the Regional Director's decision.
(6) The revocable permit for eating and drinking establishments and
sale of food and drink authorized in this paragraph to be issued by the
Superintendent shall contain general regulatory provisions as
hereinafter set forth, and will include such special conditions as the
Superintendent may deem necessary to cover existing local circumstances,
and shall be in a form substantially as follows:
Front of Permit
No. ______
united states
department of the interior
national park service
Revocable Permit for Operation of Eating and Drinking Establishments,
and for Sale of Food and Drink
Permission is hereby granted ____________of ________________, during
the period from ________________ 19____ to ________________ 19____,
inclusive to operate a
(Specify type of establishment)
on the following described privately-owned lands within Yosemite
National Park, over which the United States exercises exclusive
jurisdiction ____________ subject to the general provisions and any
special conditions stated on the reverse hereof.
Issued at ____________ this __________ day of ________________,
19____.
Superintendent
The undersigned hereby accepts this permit subject to the terms,
covenants, obligations and reservations, expressed or implied therein.
Two witnesses to signature(s):
\1\ ______________________________________________
(Address)
(Address)
\1\ Sign name or names as written in body of permit; for
copartnership, permittees should sign as ``Members of firm''; for
corporation, the officer authorized to execute contracts, etc., should
sign, with title, the sufficiency of such signature being attested by
the secretary, with corporate seal, in lieu of witnesses.
Reverse of Permit
General Regulatory Provisions of This Permit
1. Permittee shall exercise this privilege subject to the
supervision of the Superintendent of the Park and shall comply with the
regulations of the Secretary of the Interior governing the Park.
[[Page 87]]
2. Any building or structure used for the purpose of conducting the
business herein permitted shall be kept in a safe, sanitary and sightly
condition.
3. Permittee shall dispose of brush and other refuse from the
business herein permitted as required by the Superintendent.
4. Permittee shall pay to the United States for any damage resulting
to Government-owned property from the operation of the business herein
permitted.
5. Permittee, his agents, and employees shall take all reasonable
precautions to prevent forest fires and shall assist the Superintendent
to extinguish forest fires within the vicinity of the place of business
herein permitted, and in the preservation of good order within the
vicinity of the business operations herein permitted.
6. Failure of the permittee to comply with all State and County
substantive laws and ordinances applicable to eating and drinking
establishments and the sale of food and drink, or to comply with any law
or any regulations of the Secretary of the Interior governing the Park,
or with the conditions imposed by this permit, will be grounds for
revocation of this permit.
7. No disorderly conduct shall be permitted on the premises.
8. This permit may not be transferred or assigned without the
consent, in writing, of the Superintendent.
9. Neither Members of, nor Delegates to Congress, or Resident
Commissioners, officers, agents, or employees of the Department of the
Interior shall be admitted to any share or part of this permit or derive
directly or indirectly, any pecuniary benefit arising therefrom.
10. The following special provisions are made a part of this permit:
(i) Motorboats. Motorboats are prohibited on all the natural lakes
and streams of Yosemite National Park.
(j) Domestic water supplies and sewage disposal systems--(1) Sewage
disposal systems--(i) Construction. Any dwelling or establishment
constructed on privately owned land within Yosemite National Park for
the purpose of housing one or more persons must be served by an approved
sewage disposal system prior to occupancy. Such system may not be
initially constructed or rebuilt without a permit issued by the
Superintendent. Such permit shall be issued only after the receipt by
the Superintendent of written notification by the County Health Officer
that the plans for such construction or reconstruction are consistent
with the requirements of the State and county health laws and ordinances
applicable to systems not located on lands within the park.
(ii) Existing systems. Any sewage disposal system which was
constructed and was in use prior to the effective date of this
regulation shall be subject to inspection by the County Health Officer
or his duly authorized representative for the purpose of ascertaining
whether or not such existing sewage disposal system would meet the
requirements of the State and county health laws and ordinances were
such system not located on lands within the park. In the event such
existing system is found by the Health Officer to be substandard and a
hazard to health, the person, corporation, or other organization
controlling the structure served by such system shall have one (1) year
after service of a written notice by the Superintendent to comply with
the requirements of the State and county health laws and ordinances.
Such notice shall describe briefly the deficiency as noted by the County
Health Officer and shall specify what steps must be taken to achieve
conformity with health regulations. In the event the deficiency
described in the notice is not remedied within the period set forth
above, the structures affected by or served by such sewage system shall
be deemed unfit for human habitation and shall be vacated until such
deficiency is remedied and a certificate of approval is filed with the
Superintendent.
(2) Water supply facilities--(i) Construction of new facilities.
Domestic water supply facilities for the use of two (2) or more families
or for use of the general public may not be constructed, installed, or
reconstructed on the privately owned land within Yosemite National Park
unless the plans for such facilities are consistent with the
requirements of State and county health laws and ordinances which would
be applicable if such water supply facilities were located on privately
owned lands outside of the park. Facilities for such a new water supply
system shall not be constructed or reconstructed without a permit issued
by the Superintendent. A permit will be issued only after the receipt by
the Superintendent of written notification by the County Health Officer
that the
[[Page 88]]
plans for the construction or reconstruction of the water supply system
are consistent with the requirements of the State and county health laws
and ordinances applicable to structures and establishments located
outside of the park.
(ii) Existing systems. All water supply systems for the use of two
(2) or more families or for use by the general public, regardless of
size and whether or not constructed and in use prior to the effective
date of this regulation, shall be subject to inspection from time to
time by the County Health Officer or his duly authorized representative
for the purpose of ascertaining whether or not such water supply systems
meet the requirements of the State and county health laws and
ordinances. In the event any existing system is found by the Health
Officer to be substandard and a hazard to health, the person,
corporation, or other organization controlling the premises served by
such system shall have one (1) year after service of a written notice by
the Superintendent to comply with the requirements of the State and
county health laws and ordinances. Such notice shall describe briefly
the deficiency as noted by the County Health Officer and shall specify
what steps must be taken to achieve conformity with health regulations.
In the event the deficiency described by the notice is not remedied
within the period set forth above, the structures affected by such
deficiency shall be considered unfit for human habitation and shall be
vacated until such deficiency is remedied and certificate of approval by
the County Health Officer is filed with the Superintendent.
(3) Inspection. The County Health Officer or his duly authorized
representative shall have the right of inspection for the purpose of
ascertaining whether domestic water supplies and sewage disposal systems
located on privately owned lands within Yosemite National Park meet
State and county health standards. Inspection may be made by the County
Health Officer to assure that construction of such systems, and
facilities as may be built, rebuilt, or installed complies with approved
plans.
(4) Issuance of permits. Permits for the construction or
reconstruction of sewage or water supply systems shall be issued without
charge by the Superintendent after written notification by the County
Health Officer that the plans and specifications for any proposed system
are deemed to be in conformity with the requirements of the State and
county health laws and ordinances. Any applicant or permittee aggrieved
by an action of the Superintendent in refusing or in conditioning a
permit for the construction or reconstruction of a sewage disposal or a
water supply system may appeal to the Regional Director, National Park
Service. Such appeal shall be filed in writing within 20 days after
receipt of notice by the applicant or permittee of the action of the
Superintendent. A final decision of the Regional Director may be
similarly appealed to the Director of the National Park Service within
15 days after receipt of notice by the applicant or permittee of the
Regional Director's decision.
(5) Permits. Permit to construct or reconstruct domestic water
facilities or a sewage disposal system authorized to be issued by the
Superintendent in this paragraph shall contain general regulatory
provisions as hereinafter set forth and may include such special
conditions as the Superintendent deems necessary. A permit shall be in a
form substantially as follows:
No. ______
United States Department of the Interior National Park Service
permit to construct, build, or rebuild domestic water systems and sewage
disposal systems
Permission is hereby granted __________ of __________ to construct,
build, or rebuild a ____________________________________ (Specify water
system, sewage disposal system) on the following described privately
owned lands within Yosemite National Park, over which the United States
exercises exclusive jurisdiction
________________________________________ subject to the general
provisions and any special conditions stated on the reverse hereof.
Issued at ____________ this ______________ day of
__________________, 19____.
________________________________________________________________________
(Superintendent)
[[Page 89]]
The undersigned hereby accepts this permit subject to the terms,
covenants, obligations, and reservations, expressed or implied therein.
\1\ ________________________
Two witnesses to signature(s):
________________________________________________________________________
Address_________________________________________________________________
________________________________________________________________________
Address_________________________________________________________________
\1\ Sign name or names as written in body of permit; for
copartnership, permittees should sign as ``Members of firm''; for
corporation the officer authorized to execute contracts etc., should
sign, with title, the sufficiency of such signature being attested by
the secretary, with corporate seal, in lieu of witnesses
Reverse of Permit
general regulatory provisions of this permit
1. Permittee shall construct, build, or rebuild a domestic water
system and/or a sewage disposal system in accordance with the standards
of the Mariposa County Health Department.
2. Permittee shall not occupy constructed dwelling or establishment
until completion of a bona fide, operational sewage disposal system.
3. Failure of the permittee to comply with all State and county laws
and ordinances applicable to domestic water supplies and the disposal of
sewage, including household waste, or with the conditions imposed by
this permit will be grounds for requiring the permittee to vacate the
dwelling or establishment until compliance.
4. Permittee shall take all reasonable precautions to prevent forest
fires and shall assist the Superintendent to extinguish forest fires
within the vicinity of the structure herein permitted.
5. This permit may not be transferred or assigned without the
consent, in writing, of the Superintendent.
6. The following special provisions are made a part of this permit:
(k) Skelton Lakes and Delaney Creek from its beginning at the outlet
of the lower Skelton Lake to its interception with the Tuolumne
Meadows--Young Lakes Trail, are closed to all public fishing.
(l) Motor vehicles driven or moved upon a park road must be
registered and properly display current license plates. Such
registration may be with a State or other appropriate authority or, in
the case of motor vehicles operated exclusively on park roads, with the
superintendent. An annual registration fee of $6 will be charged for
vehicles registered with the superintendent which are not connected with
the operation of the park.
(m) Trucking. (1) The fees for special trucking permits issued in
emergencies pursuant to paragraph (b) of Sec. 5.6 of this chapter shall
be based on the licensed capacity of trucks, trailers, or semitrailers,
as follows:
Trucks, less than 1 ton.
Trucks of 1 ton and over, but not to exceed 10 tons.
Appropriate automobile permit fee. $5 for each ton or fraction thereof.
(i) The fee charged is for one round trip between any two park
entrances provided such trip is made within one 24-hour period;
otherwise the fee is for a one-way trip.
(ii) Trucks carrying bona fide park visitors and/or their luggage or
camping equipment may enter the park upon payment of the regular
recreation fees.
(2) The fee provided in paragraph (m)(1) of this section also shall
apply to permits which the superintendent may issue for trucking through
one park entrance to and from privately owned lands contiguous to the
park boundaries, except that such fee shall be considered an annual
vehicle fee covering the use of park roads between the point of access
to such property and the nearest park exit connecting with a State or
county road.
[24 FR 11042, Dec. 30, 1959]
Editorial Note: For Federal Register citations affecting Sec. 7.16,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and at www.govinfo.gov.
Sec. 7.17 Cuyahoga Valley National Park.
(a) Alcoholic beverages--(1) Possession. The possession or
consumption of a bottle, can, or other receptacle containing an
alcoholic beverage which has been opened, a seal broken, or the contents
of which have been partially removed is prohibited, except in residences
or other areas specifically authorized by the superintendent as to time
and place.
(2) Definition--Alcoholic beverages. Any liquid beverage containing
\1/2\ of 1 percent or more of alcohol by weight.
[[Page 90]]
(b) Bicycles. (1) The Superintendent may authorize bicycle use on
all or portions of each of the following trails:
(i) East Rim (approximately 10 miles);
(ii) Old Carriage Connector Trail (approximately 0.35 miles); and
(iii) Highland Connector Trail (approximately 1.0 mile).
(2) After trail construction is complete:
(i) To authorize bicycle use, the Superintendent must make a written
determination that:
(A) The trail is open for public use; and
(B) Bicycle use is consistent with the protection of the park area's
natural, scenic and aesthetic values, safety considerations, and
management objectives, and will not disturb wildlife or park resources.
(ii) The Superintendent will provide public notice of all such
actions through one or more of the methods listed in Sec. 1.7 of this
chapter.
(3) The Superintendent may open or close authorized trails, or
portions thereof, or impose conditions or restrictions for bicycle use
after taking into consideration public health and safety, natural and
cultural resource protection, and other management activities and
objectives.
(i) The Superintendent will provide public notice of all such
actions through one or more of the methods listed in Sec. 1.7 of this
chapter.
(ii) Violating a closure, condition, or restriction is prohibited.
[47 FR 24299, June 4, 1982, as amended at 80 FR 51952, Aug. 27, 2015]
Sec. 7.18 Hot Springs National Park.
(a) Commercial Vehicles. Permits shall be required for the operation
of commercial passenger-carrying vehicles, including taxicabs, carrying
passengers for hire over park roads for sightseeing purposes. The fees
for such permits shall be as follows:
(1) Fleet operator; equipment that includes any combination of
commercial passenger-carrying vehicles, including taxicabs. Calendar-
year permit--$25.
(2) Bus operator; equipment limited to a single bus-type vehicle
with passenger-carrying seat capacity in excess of eight persons.
Calendar-year permit--$20.
(3) Taxicab operator; equipment limited to a single vehicle with a
capacity of not over eight passenger-carrying seats. Calendar-year
permit--$12.
(4) The fees for permits issued for commercial passenger-carrying
vehicle operations starting on or after July 1 of each calendar year
will be one-half of the respective rates mentioned in paragraphs (a)(1),
(2), and (3) of this section.
(b) Use of water. The taking or carrying away of water, hot or cold,
from any of the springs, fountains, or other sources of supply in Hot
Springs National Park for the purpose of sale, or for any use other than
personal drinking, is prohibited.
(c) Bicycle use. (1) The Superintendent may designate all or a
portion of the following trail as open to bicycle use:
(i) Pullman Avenue Trail Connection (full length of the trail
approximately 0.65 miles).
(ii) [Reserved]
(2) A map showing trails open to bicycle use will be available at
park visitor centers and posted on the park website. The Superintendent
will provide notice of all trails designated for bicycle use in
accordance with Sec. 1.7 of this chapter. The Superintendent may limit,
restrict, or impose conditions on bicycle use, or close any trail to
bicycle use, or terminate such conditions, closures, limits, or
restrictions in accordance with Sec. 4.30 of this chapter.
[24 FR 11042, Dec. 30, 1959, as amended at 32 FR 15710, Nov. 15, 1967;
48 FR 30294, June 30, 1983; 84 FR 64426, Nov. 22, 2019]
Sec. 7.19 Canyon de Chelly National Monument.
(a) Visitors are prohibited from entering the canyons of Canyon de
Chelly National Monument unless accompanied by National Park Service
employees or by authorized guides: Provided, however, That the
Superintendent may designate, by marking on a map which shall be
available for public inspection in the Office of the Superintendent and
at other convenient locations within the monument, canyons or portions
thereof which may
[[Page 91]]
be visited or entered without being so accompanied.
(b) The Superintendent may issue permits to properly qualified
persons to act as guides for the purpose of accompanying visitors within
the canyons.
[32 FR 13129, Sept. 15, 1967]
Sec. 7.20 Fire Island National Seashore.
(a) Operation of motor vehicles--(1) Definitions. The following
definitions shall apply to all provisions of this paragraph (a):
(i) ``Act'' means the Act of September 11, 1964 (Pub. L. 88-587, 78
Stat. 928, 16 U.S.C. 459e et seq.), or as the same may be amended or
supplemented, which authorizes the establishment of the Seashore.
(ii) ``Seashore lands'' means any lands or interests in lands owned
or hereafter acquired by the United States within the authorized
boundaries of the Seashore. It shall also mean any lands or interests in
lands owned by the United States which are on the island, outside the
authorized boundaries of the Seashore, and managed for recreational
purposes by the National Park Service pursuant to an agreement with
another Federal agency.
(iii) ``Island'' means the entirety of Fire Island, New York;
without regard for property ownership, jurisdiction, or the boundaries
of Fire Island National Seashore.
(iv) ``Mainland'' means the land of Long Island, N.Y.
(v) ``Motor vehicle'' means a device which is self-propelled by
internal combustion or electrical energy and in, upon, or by which any
person or material is or may be transported on land.
(vi) ``Dune crossing'' means an access route over a primary dune
which has been designated and appropriately posted.
(vii) ``Public utility vehicle'' means any motor vehicle operated
and owned or leased by a public utility or public service company
franchised or licensed to supply, on the island, electricity, water, or
telephone service, while that vehicle is in use for supplying such
service.
(viii) ``Year-round residents'' means those persons who are legally
domiciled on the island and who, in addition, physically reside in their
fixed and permanent homes on the island continuously, except for brief
and occasional absences, for 12 months of the year.
(ix) ``Part-time residents'' means those persons who physically and
continuously reside in their homes on the Island for less than 12 months
of the year.
(x) ``Essential service vehicle'' means any motor vehicle other than
a public utility vehicle whose use on the Island is essential to the
continued use of residences on the Island. This may include vehicles
used for the following purposes, while in use for such purposes:
(A) Transporting heating fuel and bottled gas.
(B) Sanitation or refuse removal.
(xi) ``Official vehicle'' means any motor vehicle operated and owned
or leased by a Federal, State, or local governmental agency, except for
law enforcement vehicles and fire fighting apparatus, while that vehicle
is being used to transact the official business of that agency.
(xii) ``Construction and business vehicle'' means any motor vehicle
other than a public utility vehicle or essential service vehicle
involved in construction, maintenance, or repair of structures on the
Island or the transportation of materials or supplies to retail business
establishments on the Island.
(2) Routes for motor vehicle travel. No motor vehicle may be
operated on Seashore lands except on routes designated for that purpose
and subject to the limitations of this paragraph (a). The following are
the routes for off-road motor vehicle travel on Seashore lands, which
shall be designated on a map available at the office of the
Superintendent or by the posting of signs where appropriate:
(i) Along the Atlantic Ocean on the south shore of Fire Island,
within the Seashore boundaries between the water's edge and 20 feet
seaward of the beach grass (Ammophila breviligata) line. If the water is
higher than this 20-foot line, no vehicle travel is permitted.
[[Page 92]]
(ii) A 1-mile route in the interior of the Island, crossing the
``Lighthouse Tract'' from the easterly end of the paved road in Robert
Moses State Park to the eastern boundary of the Tract, which is the
western boundary of the community of Lighthouse Shores-Kismet Park.
(iii) An interior route which extends intermittently the length of
the island, commonly referred to as the ``Burma Road,'' for limited
travel by public utility and law enforcement vehicles and fire fighting
apparatus.
(iv) Posted dune crossings from the beach to the ``Burma Road'' or
to pathways within the island communities.
(3) Alternative means of transportation. In providing for access to
the island, the Superintendent shall require maximum possible reliance
on those means of transportation which are other than private motor
vehicles and which have the minimum feasible impact on Seashore lands.
As used in this paragraph (a), the term ``alternative transportation''
shall mean a waterborne conveyance that is licensed for hire and that
provides a reasonable means of transportation between the mainland and
the island. Such alternative transportation shall be deemed to exist for
each particular factual situation in which:
(i) The schedule of the transportation service in question permits
departure from an island terminal before 9 a.m. and departure from a
mainland terminal after 5 p.m. on the same day; and
(ii) When the interval between the earliest and latest service
provided by the transportation service in question on any day exceeds 8
hours, such service provides at least one round trip between the
mainland and the island during that interval; and
(iii) The island transportation terminal in question is no more than
one mile from the point of origin or destination on the island or from a
point on the island to which access by motor vehicle is permitted; and
(iv) The mode of transportation in question is adequate to carry the
person or object to be transported.
(4) Permit required. No motor vehicle, other than a piece of
firefighting apparatus or a motor vehicle operated and owned or leased
by a duly constituted law enforcement agency having jurisdiction within
the Seashore, shall be operated on Seashore lands without a valid permit
issued by the Superintendent.
(5) Permit eligibility. Any person, firm, partnership, corporation,
organization, or agency falling within the categories listed below may
apply to the Superintendent for a permit, using a form to be supplied
for that purpose. The following will be eligible to submit permit
applications:
(i) Those persons who are year-round residents.
(ii) Those persons who held part-time permits prior to January 1,
1978.
(iii) Those persons, firms, partnerships, corporations,
organizations, or agencies which provide services essential to public
facilities and the occupancy of residences on the Island.
(iv) Those persons who desire access by motor vehicle to Seashore
lands in order to engage in fishing or hunting thereon, provided such
access is compatible with conservation and preservation of Seashore
resources.
(v) Those owners of estates in real property located on the Island
who have a demonstrated need for temporary access to that property on
days when there is no alternative transportation.
(vi) Holders of reserved rights of use and occupancy.
(6) Standards for issuance of permits. Permits will not be issued
for the convenience of travel on Seashore lands. The Superintendent
shall approve an application for a motor vehicle permit with appropriate
limitations and restrictions or deny the application, in accordance with
the provisions of this paragraph (a). Permits will be issued only for
those motor vehicles whose travel on Seashore lands is deemed by the
Superintendent to be essential to the management or enjoyment of
Seashore resources, or to the occupancy of residences or the ownership
of real property on the island. In making this determination, the
Superintendent shall consider the purposes of the Act in providing for
the conservation and preservation of the natural resources of the
Seashore and for the enjoyment of these resources by the public; the
scope
[[Page 93]]
and purpose of such travel; the availability of alternative
transportation on the day or days when the applicant for a permit
requests to travel on Seashore lands; the present or past issuance of
other permits to the applicant; any limitations on numbers of permits
established pursuant to paragraph (a)(8); and, in the case of public
utility, service, and official vehicles, the feasibility of basing such
vehicles and related equipment on the island rather than the mainland.
(7) Vehicle restrictions. Any motor vehicle whose owner or operator
has been found to qualify for a permit, according to the standards set
forth in paragraphs (a) (5) and (6), must, prior to the issuance of such
permit:
(i) Have a valid permit or other authorization for operation on the
island issued by the local government agency or agencies within whose
jurisdiction the travel is to be performed, if such permission or
authorization is required by such agency or agencies.
(ii) Be capable of four-wheel drive operation.
(iii) Have a rated gross vehicle weight not in excess of 10,000
pounds, unless the use of a larger vehicle will result in a reduction of
overall motor vehicle travel.
(iv) Meet the requirements of Sec. 4.10(c)(3) of this chapter and
conform to all applicable State laws regarding licensing, registration,
inspection, insurance, and required equipment.
(8) Limitations on number of permits. (i) The Superintendent may
limit the total number of permits for motor vehicle travel on Seashore
lands, and/or limit the number of permits issued for each category of
eligible applicants listed in paragraph (a)(5) of this section as the
Superintendent deems necessary for resource protection, public safety,
or visitor enjoyment. In establishing or revising such limits, the
Superintendent shall consider such factors as the type of use or purpose
for which travel is authorized, the availability of other means of
transportation, limits established by local jurisdictions, historic
patterns of use, conflicts with other users, existing multiple permits
held by individuals or a household, aesthetic and scenic values, visitor
uses, safety, soil, weather, erosion, terrain, wildlife, vegetation,
noise, and management capabilities. A revision of these limitations
shall be published as a rule in the Federal Register except in emergency
situations when closures may be imposed in accordance with the
provisions of Sec. 1.5 and Sec. 1.7 of this chapter.
(ii) Limitations on permits for motor vehicle travel on Seashore
lands, according to eligible applicant category, are as follows:
(A) Year-round residents. No more than 145 permits at any time are
issued to year-round residents. A year-round resident who is denied a
permit because the limit has been reached is placed on a waiting list.
When the number of outstanding permits drops below 145, permits are
issued in order of the date of receipt of the application. When multiple
applications are received on the same day, priority is given to persons
both living and working full time on the Island. One year-round resident
permit is allowed per household. Permit applications are mailed by the
Superintendent by December 1 of each year to those year-round residents
eligible to renew their permit. The deadline for receipt of completed
applications is January 31 of the permit year. Applications received
after January 31 are not considered as renewals of existing permits.
Should the 145 limit be reached, late applications are placed at the end
of the waiting list.
(B) Part-time residents. Permits are issued only to part-time
residents who held a residential permit as of January 1, 1978. No more
than 100 part-time resident permits are issued. A part-time resident who
becomes a year-round resident is eligible to apply for a year-round
resident permit in accordance with paragraph (a)(8)(ii)(A) of this
section. A year-round resident permit holder as of January 1, 1978, who
no longer qualifies as a year-round resident, may be eligible to obtain
a part-time resident permit as long as the 100 limit is not exceeded and
the part-time resident definition is satisfied.
(C) Holders of reserved rights of use and occupancy. A holder of a
reserved right of use and occupancy, or a lessee thereof, occupying a
property acquired by the National Park Service in the eight-mile area
described in the Act, is
[[Page 94]]
issued a permit consistent with the terms under which the right of use
and occupancy is retained.
(D) Public utility and essential service vehicles. No more than 30
permits at any time are issued to public utility and essential service
vehicles. After consultation with the property owners' association of
the appropriate unincorporated community or the village clerk for the
Villages of Ocean Beach and Saltaire, the Superintendent may apportion
permits to allow minimal service needs to each community.
(E) Construction and business vehicles. No more than 80 permits at
any time are issued to construction and business vehicles. An operator
of a construction or business vehicle who is denied a permit because the
limit has been reached is placed on a waiting list. When the number of
outstanding permits drops below 80, permits are issued in order of the
date of receipt of the application. An operator of a construction or
business vehicle may apply for either a 30-day-per-job permit or a one-
year letter permit. Only a year-round construction firm or a year-round
business is eligible for a one-year letter permit and only as long as
the firm or business remains in year-round operation. Notwithstanding
possession of either a 30-day permit or a one-year letter permit, when
water transportation is available, a firm or business shall accomplish
all transportation of materials, supplies, and crews by use of the
nearest available ferry, freight, or other overwater transportation
method. When water transportation is available, vehicles permitted under
a 30-day permit may remain at the job site but must be removed upon the
completion of the job.
(F) Municipal employees. A year-round resident who is a full-time
employee of one of the two villages or of one of the 15 unincorporated
communities identified in the Act is eligible for a permit if such
employment necessitates year-round Island residence. Five (5) municipal
employee permits are available for each village or community except on
the basis of documented community need.
(G) Recreational vehicles. Recreational vehicles may travel between
Smith Point and Long Cove along the route described in paragraph
(a)(2)(i) of this section. A total of 5000 one-way trips per year are
available for the recreational vehicle category. Permits for
recreational vehicles may be obtained from the Smith Point Visitor
Center. Annual recreational vehicle trip counts commence in September of
each year and conclude the following June or when the 5000 trip limit is
reached, whichever occurs first.
(9) Permit limitations. (i) No permit issued under these regulations
shall be valid for more than one year. The superintendent may issue
permits for lesser periods, as appropriate for the travel required or
the time of year at which a permit is issued.
(ii) Permits for public utility, service, and official vehicles
shall specify the number of vehicles and identify each vehicle whose use
is authorized thereby. Permits for other motor vehicles will apply only
to the single, specific vehicle for which issued.
(iii) Permits are not transferable to another motor vehicle or to a
new owner or lessee of the vehicle for which issued.
(iv) Permits may specify a single or multiple uses or purposes for
which travel on Seashore lands is permitted. The limitations and
restrictions on authorized travel set forth in paragraph (a)(10) of this
section shall apply, however, depending upon the specific use or purpose
for which a permitted motor vehicle is being utilized at the time of
travel.
(v) Permits may contain such other limitations or conditions as the
Superintendent deems necessary for resource protection, public safety,
or visitor enjoyment. Limitations may include, but will not be limited
to, restrictions on locations where vehicle travel is authorized and
times, dates, or frequency of travel, in accordance with the provisions
of this paragraph (a).
(10) Authorized travel. (i) Except as specifically provided
elsewhere in this paragraph (a)(10), travel across Seashore lands by
motor vehicles with valid permits will be authorized only on those days
in which the island location, which is the point of origin or
destination of travel or is another point to which access by motor
vehicle is permitted, is not served by alternative transportation.
[[Page 95]]
When alternative transportation services satisfy the definition of
alternative transportation in paragraph (a)(3), the schedule of
transportation services available for the island community or
communities named in the permit application shall determine the days
when travel is not authorized for the motor vehicle to which that permit
applies.
(ii) Except as provided in paragraph (a)(10)(iii) of this section,
on any day on which travel by motor vehicle is authorized due to a lack
of alternative transportation, travel shall be limited to not more than
one round trip per vehicle per day between the mainland and the Island,
and may be performed at any time except the following periods:
(A) From 9 a.m. to 6 p.m. on all Saturdays, Sundays, and national
holidays from May 1 through June 13 and from September 15 through
October 31.
(B) From 9 a.m. to 6 p.m. on all weekdays, and from 6 p.m. Friday to
9 a.m. the following Monday on all weekends, from June 14 through
September 14.
(iii) Exceptions. (A) From the Monday after Labor Day through the
Friday before Memorial Day, a year-round resident may make no more than
two round trips per day for residential purposes.
(B) The Seashore is closed to all recreational vehicles from January
1 through March 31 and from June 14 through September 14. During the
periods when the Seashore is open for recreational vehicle traffic, an
operator of a recreational vehicle may make no more than two round trips
per day. On weekend days in September and October, a recreational
vehicle may enter the Island until 9:00 a.m. A recreational vehicle that
has entered the Island may then remain or may depart but may not re-
enter the Island until after 6:00 p.m.
(iv) The Superintendent may, for situations where the restrictions
in paragraph (a)(10)(ii) would create a severe hardship, authorize
additional trips or travel at other hours.
(v) In the case of public utility, service, and official vehicles
for which permits have been issued, the Superintendent may authorize
travel on Seashore lands at any time that he determines travel by such
vehicles is essential, notwithstanding the above limitations and
restrictions on authorized travel.
(vi) Recurring travel conducted pursuant to paragraph (a)(10) (iv)
or (v) of this section is authorized only pursuant to the terms and
conditions of the original permit issued by the Superintendent; single
occasion travel is authorized only pursuant to the terms and conditions
of a permit issued by the Superintendent on a case by case basis.
(vii) In an emergency involving the protection of life or a
threatened substantial loss of property, travel by a motor vehicle which
is under permit is authorized at any time.
(viii) The Superintendent may suspend any travel by motor vehicle
otherwise permitted under this paragraph (a) when in his judgment such
travel is inconsistent with the purpose of the Act or when such factors
as weather, tides, or other physical conditions render travel hazardous
or would endanger Seashore resources. Such suspension of travel shall be
announced by the posting of appropriate signs or verbal order of the
Superintendent.
(ix) In accordance with the procedures set forth in Sec. 1.5 of
this chapter, the Superintendent may establish a limit on the number of
motor vehicles permitted on any portion of, or the entirety of, the
Seashore lands at any one time when such limits are required in the
interests of public safety, protection of the resources of the area, or
coordination with other visitor uses.
(x) The provisions of this paragraph (a)(10) shall not apply to
firefighting apparatus or to motor vehicles operated and owned or leased
by a duly constituted law enforcement agency having jurisdiction within
the Seashore.
(11) Rules of travel. (i) When two motor vehicles approach from
opposite directions in the same track on Seashore lands, both operators
shall reduce speed and the operator with the water to his left shall
yield the right of way by turning out of the track to the right.
(ii) No motor vehicle shall be operated on any portion of a dune on
Seashore lands except at dune crossings.
[[Page 96]]
(iii) No person shall operate a motor vehicle on Seashore lands at a
speed in excess of 20 miles per hour.
(iv) The speed of any motor vehicle being operated on Seashore lands
shall be reduced to five miles per hour upon approaching or passing
within 100 feet of any person not in a motor vehicle, or when passing
through or over any dune crossings.
(12) Violations. (i) Failure to comply with the conditions of any
permit issued pursuant to this paragraph will constitute a violation of
these regulations.
(ii) In addition to any penalty required by Sec. 1.3(a) of this
chapter for a violation of regulations in this paragraph, the
Superintendent may suspend or revoke the permit of a motor vehicle
involved in such a violation.
(b) Operation of Seaplane and Amphibious Aircraft. (1) Aircraft may
be operated on the waters of the Great South Bay and the Atlantic Ocean
within the boundaries of Fire Island National Seashore, except as
restricted in Sec. 2.17 of this chapter and by the provisions of
paragraph (b)(2) of this section.
(2) Except as provided in paragraph (b)(3) of this section, the
waters of the Great South Bay and the Atlantic Ocean within the
boundaries of Fire Island National Seashore are closed to take-offs,
landings, beachings, approaches or other aircraft operations at the
following locations:
(i) Within 1000 feet of any shoreline, including islands.
(ii) Within 1000 feet of lands within the boundaries of the
incorporated villages of Ocean Beach and Saltaire and the village of
Seaview.
(3) Aircraft may taxi on routes perpendicular to the shoreline to
and from docking facilities at the following locations:
(i) Kismet--located at approximate longitude 73[deg] 12\1/2\[min]
and approximate latitude 40[deg] 38\1/2\[min].
(ii) Lonelyville--located at approximate longitude 73[deg] 11[min]
and approximate latitude 40[deg] 38\1/2\[min].
(iii) Atlantique--located at approximate longitude 73[deg] 10\1/
2\[min] and approximate latitude 40[deg] 38\1/2\[min].
(iv) Fire Island Pines--located at approximate longitude 73[deg]
04\1/2\[min] and approximate latitude 40[deg] 40[min].
(v) Water Island--located at approximate longitude 73[deg] 02[min]
and approximate latitude 40[deg] 40\1/2\[min].
(vi) Davis Park--located at approximate longitude 73[deg] 00\1/
2\[min] and approximate latitude 40[deg] 41[min].
(4) Aircraft operation in the vicinity of marinas, boats, boat
docks, floats, piers, ramps, bird nesting areas, or bathing beaches must
be performed with due caution and regard for persons and property and in
accordance with any posted signs or uniform waterway markers.
(5) Aircraft are prohibited from landing or taking off from any land
surfaces, any estuary, lagoon, marsh, pond, tidal flat, paved surface,
or any waters temporarily covering a beach; except with prior
authorization of the Superintendent. Permission shall be based on the
need for emergency service, resource protection, resource management or
law enforcement.
(6) Aircraft operations shall comply with all Federal, State and
county ordinances and rules for operations as may be indicated in
available navigation charts or other aids to aviation which are
available for the Fire Island area.
(c) Information collection. The information collection requirements
contained in this section have been approved by the Office of Management
and Budget under 44 U.S.C. 3501 et seq. and assigned clearance number
1024-0026. This information is being collected in order for the
superintendent to issue permits and grant administrative benefits. The
obligation to respond is required in order to obtain a benefit.
(d) Personal watercraft. (1) Personal watercraft (PWC) may operate
in the following locations and under the following conditions:
(i) Great South Bay from the western boundary of the national
seashore adjacent to Robert Moses State Park, east to the western
boundary of the Sunken Forest, excluding any area within 1,000 feet of
the shoreline, except as provided in (ii), including the area
surrounding East Fire Island and West Fire Island.
(ii) Navigation channels marked by buoys or identified on the NOAA
navigational chart (12352) to include access channels to and from Fair
Harbor,
[[Page 97]]
Dunewood, Lonelyville, Atlantique, Cherry Grove, Fire Island Pines,
Davis Park, Moriches Inlet, Kismet, Saltaire, Ocean Beach, Ocean Bay
Park, Point O'Woods, Oakleyville, and Water Island.
(iii) The Long Island Intracoastal Waterway within the park
boundaries.
(iv) At ``flat wake'' speeds (maximum 6 mph) within designated
marked channels to access town/community docks and harbors/marinas.
(2) The Superintendent may temporarily limit, restrict or terminate
access to the areas designated for PWC use after taking into
consideration public health and safety, natural and cultural resource
protection, and other management activities and objectives.
[42 FR 62483, Dec. 13, 1977, as amended at 44 FR 44493, July 30, 1979;
47 FR 11011, Mar. 15, 1982; 50 FR 24511, June 11, 1985; 52 FR 7376,
7377, Mar. 10, 1987; 52 FR 10686, Apr. 2, 1987; 70 FR 38767, July 6,
2005]
Sec. 7.21 John D. Rockefeller, Jr. Memorial Parkway.
(a)(1) What is the scope of this section? The regulations contained
in paragraphs (a)(2) through (a)(17) of this section apply to the use of
snowcoaches and recreational snowmobiles. Except where indicated,
paragraphs (a)(2) through (a)(15) do not apply to non-administrative
oversnow vehicle use by NPS, contractor, or concessioner employees, or
other non-recreational users authorized by the Superintendent.
(2) What terms do I need to know? The definitions in this paragraph
(a)(2) also apply to non-administrative oversnow vehicle use by NPS,
contractor, or concessioner employees, and other non-recreational users
authorized by the Superintendent.
Commercial guide means a guide who operates a snowmobile or
snowcoach for a fee or compensation and is authorized to operate in the
park under a concession contract. In this section, ``guide'' also means
``commercial guide.''
Historic snowcoach means a Bombardier snowcoach manufactured in 1983
or earlier. Any other snowcoach is considered a non-historic snowcoach.
Oversnow route means that portion of the unplowed roadway located
between the road shoulders and designated by snow poles or other poles,
ropes, fencing, or signs erected to regulate oversnow activity. Oversnow
routes include pullouts or parking areas that are groomed or marked
similarly to roadways and are adjacent to designated oversnow routes. An
oversnow route may also be distinguished by the interior boundaries of
the berm created by the packing and grooming of the unplowed roadway.
The only motorized vehicles permitted on oversnow routes are oversnow
vehicles.
Oversnow vehicle means a snowmobile, snowcoach, or other motorized
vehicle that is intended for travel primarily on snow and has been
authorized by the Superintendent to operate in the park. An oversnow
vehicle that does not meet the definition of a snowcoach must comply
with all requirements applicable to snowmobiles.
Snowcoach means a self-propelled mass transit vehicle intended for
travel on snow, having a curb weight of over 1,000 pounds (450
kilograms), driven by a track or tracks and steered by skis or tracks,
and having a capacity of at least 8 passengers. A snowcoach has a
maximum size of 102 inches wide, plus tracks (not to exceed 110 inches
overall); a maximum length of 35 feet; and a Gross Vehicle Weight Rating
(GVWR) not exceeding 25,000 pounds.
Snowmobile means a self-propelled vehicle intended for travel on
snow, with a curb weight of not more than 1,000 pounds (450 kg), driven
by a track or tracks in contact with the snow, and which may be steered
by a ski or skis in contact with the snow.
Snowplane means a self-propelled vehicle intended for oversnow
travel and driven by an air-displacing propeller.
(3) May I operate a snowmobile in the Parkway? You may operate a
snowmobile in the Parkway in compliance with use limits, guiding
requirements, operating hours and dates, equipment, and operating
conditions established under this section. The Superintendent may
establish additional operating conditions and will provide notice of
those conditions in accordance with Sec. 1.7(a) of this chapter or in
the Federal Register.
[[Page 98]]
(4) May I operate a snowcoach in the Parkway? Snowcoaches may only
be operated in the Parkway under a concessions contract. Snowcoach
operation is subject to the conditions stated in the concessions
contract and all other conditions identified in this section.
(5) Where may I operate my snowmobile in the Parkway? (i) You may
operate your snowmobile only upon designated oversnow routes established
within the Parkway in accordance with Sec. 2.18(c) of this chapter. The
following oversnow routes are so designated for snowmobile use:
(A) On U.S. Highway 89/191/287 from Flagg Ranch to the northern
boundary of the Parkway.
(B) Grassy Lake Road from Flagg Ranch to the western boundary of the
Parkway.
(C) Flagg Ranch developed area.
(ii) The Superintendent may open or close these routes, or portions
thereof, for snowmobile travel after taking into consideration the
location of wintering wildlife, appropriate snow cover, public safety,
and other factors. The Superintendent will provide notice of such
opening or closing by one or more of the methods listed in Sec. 1.7(a)
of this chapter.
(iii) The route described in paragraph (a)(5)(i)(A) of this section
is subject to the air and sound emissions requirements, guiding
requirements, and daily entry limits described in Sec. 7.13(l) of this
part.
(iv) This paragraph (a)(5) also applies to non-administrative
oversnow vehicle use by NPS, contractor, or concessioner employees, or
other non-recreational users authorized by the Superintendent.
(v) Maps detailing the designated oversnow routes will be available
from Park Headquarters.
(6) What routes are designated for snowcoach use? (i) Authorized
snowcoaches may only be operated on the routes designated for snowmobile
use in paragraphs (a)(6)(i)(A) and (C) of this section. No other routes
are open to snowcoach use, except as provided in (a)(6)(ii) of this
section.
(ii) The Superintendent may open or close these oversnow routes, or
portions thereof, or designate new routes for snowcoach travel after
taking into consideration the location of wintering wildlife,
appropriate snow cover, public safety, and other factors. The
Superintendent will provide notice of such opening or closing by one or
more of the methods listed in Sec. 1.7(a) of this chapter.
(iii) The routes described in paragraph (a)(6)(i) of this section
are subject to the air and sound emissions requirements and daily entry
limits in Sec. 7.13(l) of this part.
(iv) This paragraph (a)(6) also applies to non-administrative
snowcoach use by NPS, contractor, or concessioner employees, or other
non-recreational users authorized by the Superintendent.
(7) Must I travel with a commercial guide while snowmobiling in the
Parkway? Except as may be required under paragraph (a)(5)(iii) of this
section, you are not required to use a guide while snowmobiling in the
Parkway.
(8) Are there limits established for the numbers of snowmobiles and
snowcoaches permitted to operate in the Parkway each day? (i) A limit of
25 snowmobiles per day applies to the Grassy Lake Road.
(ii) The daily entry limits for snowmobiles and snowcoaches on the
route from Flagg Ranch to the South Entrance of Yellowstone are
established in Sec. 7.13(l) of this part.
(9) When may I operate my snowmobile or snowcoach? The
Superintendent will determine operating hours and dates. Except for
emergency situations, any changes to operating hours will be made on an
annual basis and the public will be notified of those changes through
one or more of the methods listed in Sec. 1.7(a) of this chapter.
(10) What other conditions apply to the operation of oversnow
vehicles? (i) The following are prohibited:
(A) Idling an oversnow vehicle more than 5 minutes at any one time.
(B) Driving an oversnow vehicle while the operator's motor vehicle
license or privilege is suspended or revoked.
(C) Allowing or permitting an unlicensed driver to operate an
oversnow vehicle.
(D) Driving an oversnow vehicle in willful or wanton disregard for
the safety of persons, property, or parkway
[[Page 99]]
resources or otherwise in a reckless manner.
(E) Operating an oversnow vehicle without a lighted white headlamp
and red taillight.
(F) Operating an oversnow vehicle that does not have brakes in good
working order.
(G) Towing persons on skis, sleds or other sliding devices by
oversnow vehicles, except in emergency situations.
(ii) The following are required:
(A) All oversnow vehicles that stop on designated routes must pull
over to the far right and next to the snow berm. Pullouts must be used
where available and accessible. Oversnow vehicles may not be stopped in
a hazardous location or where the view might be obscured, or operated so
slowly as to interfere with the normal flow of traffic.
(B) Oversnow vehicle drivers must possess a valid motor vehicle
driver's license. A learner's permit does not satisfy this requirement.
The license must be carried by the driver at all times.
(C) Equipment sleds towed by a snowmobile must be pulled behind the
snowmobile and fastened to the snowmobile with a rigid hitching
mechanism.
(D) Snowmobiles must be properly registered and display a valid
registration from the United States or Canada.
(iii) The Superintendent may impose other terms and conditions as
necessary to protect park resources, visitors, or employees. The
Superintendent will notify the public of any changes through one or more
methods listed in Sec. 1.7(a) of this chapter.
(iv) This paragraph (a)(10) also applies to non-administrative
oversnow vehicle use by NPS, contractor, or concessioner employees, or
other non-recreational users authorized by the Superintendent.
(11) What conditions apply to alcohol use while operating an
oversnow vehicle? In addition to 36 CFR 4.23, the following conditions
apply:
(i) Operating or being in actual physical control of an oversnow
vehicle is prohibited when the driver is under 21 years of age and the
alcohol concentration in the driver's blood or breath is 0.02 grams or
more of alcohol per 100 milliliters of blood or 0.02 grams or more of
alcohol per 210 liters of breath.
(ii) Operating or being in actual physical control of an oversnow
vehicle is prohibited when the driver is a snowmobile guide or a
snowcoach driver and the alcohol concentration in the operator's blood
or breath is 0.04 grams or more of alcohol per 100 milliliters of blood
or 0.04 grams or more of alcohol per 210 liters of breath.
(iii) This paragraph (a)(11) also applies to non-administrative
oversnow vehicle use by NPS, contractor, or concessioner employees, or
other non-recreational users authorized by the Superintendent.
(12) Do other NPS regulations apply to the use of oversnow vehicles?
(i) The use of oversnow vehicles in the Parkway is subject to Sec.
2.18(a), (b), and (c), but not to Sec. Sec. 2.18(d), (e), and 2.19(b)
of this chapter.
(ii) This paragraph (a)(12) also applies to non-administrative
oversnow vehicle use by NPS, contractor, or concessioner employees, or
other non-recreational users authorized by the Superintendent.
(13) Are there any forms of non-motorized oversnow transportation
allowed in the Parkway? (i) Non-motorized travel consisting of skiing,
skating, snowshoeing, or walking is permitted unless otherwise
restricted under this section or other NPS regulations.
(ii) The Superintendent may designate areas of the Parkway as
closed, reopen such areas, or establish terms and conditions for non-
motorized travel within the Parkway in order to protect visitors,
employees, or park resources. Notice will be made in accordance with
Sec. 1.7(a) of this chapter.
(14) May I operate a snowplane in the Parkway? The operation of a
snowplane in the Parkway is prohibited.
(15) Is violating any of the provisions of this section prohibited?
(i) Violating any of the terms, conditions or requirements of paragraphs
(a)(3) through (a)(14) of this section is prohibited.
(ii) Anyone who violates any of the terms, conditions or
requirements of this regulation will be considered to have committed one
separate offense for each term, condition or requirement that they
violate.
[[Page 100]]
(b) [Reserved]
[74 FR 60190, Nov. 20, 2009]
Sec. 7.22 Grand Teton National Park.
(a) Aircraft--Designated airstrip. (1) Jackson Airport, located in
SE\1/4\SE\1/4\ sec. 10, SE\1/4\ and S\1/2\SW\1/4\ sec. 11, S\1/2\ and
NW\1/4\ sec. 14, NW\1/4\NE\1/4\ and E\1/2\ NE\1/4\ sec. 15, T. 42 N., R.
116 W., 6th Principal Meridian.
(2) [Reserved]
(b) Fishing. (1) The following waters are closed to fishing: The
Snake River for a distance of 150 feet below the downstream face of
Jackson Lake Dam; Swan Lake; Sawmill Ponds; Hedrick's Pond; Christian
Ponds; and Cottonwood Creek from the outlet of Jenny Lake downstream to
the Saddle Horse Concession Bridge.
(2) Fishing from any bridge or boat dock is prohibited.
(3) Bait: (i) The use or possession of fish eggs or fish for bait is
prohibited on or along the shores of all park waters, except:
(ii) It is permissible to possess or use the following dead, non-
game fish as bait on or along the shores of Jackson Lake:
(A) Redside Shiner
(B) Speckled Dace
(C) Longnose Dace
(D) Piute Sculpin
(E) Mottled Sculpin
(F) Utah Chub
(G) Utah Sucker
(H) Bluehead Sucker
(I) Mountain Sucker
(c) Stock grazing. (1) Privileges for the grazing of domestic
livestock based on authorized use of certain areas at the time of
approval of the Act of September 14, 1950 (64 Stat. 849, Pub. L. 787),
shall continue in effect or shall be renewed from time to time, except
for failure to comply with such terms and conditions as may be
prescribed by the Superintendent in these regulations and after
reasonable notice of default and subject to the following provisions of
tenure:
(i) Grazing privileges appurtenant to privately owned lands located
within the park shall not be withdrawn until title to the lands to which
such privileges are appurtenant shall have vested in the United States
except for failure to comply with the regulations applicable thereto
after reasonable notice of default.
(ii) Grazing privileges appurtenant to privately owned lands located
outside the park shall not be withdrawn for a period of twenty-five
years after September 14, 1950, and thereafter shall continue during the
lifetime of the original permittee and his heirs if they were members of
his immediate family as described herein, except for failure to comply
with the regulations applicable thereto after reasonable notice of
default.
(iii) Members of the immediate family are those persons who are
related to and directly dependent upon a person or persons, living on or
conducting grazing operations from lands, as of September 14, 1950,
which the National Park Service recognized as base lands appurtenant to
grazing privileges in the park. Such interpretation excludes mature
children who, as of that date, were established in their own households
and were not directly dependent upon the base lands and appurtenant
grazing recognized by the National Park Service.
(iv) If title to base lands lying outside the park is conveyed, or
such base lands are leased to someone other than a member of the
immediate family of the permittee as of September 14, 1950, the grazing
preference shall be recognized only for a period of twenty-five years
from September 14, 1950.
(v) If title to a portion or part of the base land either outside or
inside the park is conveyed or such base lands are leased, the new owner
or lessee will take with the land so acquired or leased, such proportion
of the entire grazing privileges as the grazing capacity in animal unit
months of the tract conveyed or leased bears to the original area to
which a grazing privilege was appurtenant and recognized. Conveyance or
lease of all such base lands will automatically convey all grazing
privileges appurtenant thereto.
(vi) Grazing privileges which are appurtenant to base lands located
either inside or outside the park shall not be conveyed separately
therefrom.
(2) Where no reasonable ingress or egress is available to permittees
or nonpermittees who must cross Park lands to reach grazing allotments
on
[[Page 101]]
non-Federal lands within the exterior boundary of the Park or adjacent
thereto, the Superintendent will grant, upon request a temporary nonfee
annual permit to herd stock on a designated driveway which shall specify
the time to be consumed in each single drive. The breach of any of the
terms or conditions of the permit shall be grounds for termination,
suspension, or reduction of these privileges.
(3) Grazing preferences are based on actual use during the period
March 15, 1938 through September 14, 1950 and no increase in the number
of animals or animal unit months will be allowed on Federal lands in the
park.
(4)(i) A permittee whose grazing privilege is appurtenant to
privately owned lands within the park will be granted total nonuse or
reduced benefits for one or more years without nullifying his privilege
in subsequent years.
(ii) A permittee whose privilege is appurtenant to base lands
outside the park may be granted total nonuse on a year to year basis not
to exceed three consecutive years. Total nonuse beyond this time may be
granted if necessitated for reasons clearly outside the control of the
permittee. Total unauthorized nonuse beyond three consecutive years will
result in the termination and loss of all grazing privileges.
(iii) Whenever partial or total non-use is desired, an application
must be made in writing to the Superintendent.
(5) Grazing fees shall be the same as those approved for the Teton
National Forest and will be adjusted accordingly.
(6) Permittees or nonpermittees who have stock on Federal lands
within the park at any time or place, when or where herding or grazing
is unauthorized may be assessed fifty cents per day per animal as
damages.
(7) The Superintendent may accept a written relinquishment or waiver
of any privileges; however, no such relinquishment or waiver will be
effective without the written consent of the owner or owners of the base
lands.
(8) Permits. Terms and conditions. The issuance and continued
effectiveness of all permits will be subject, in addition to mandatory
provisions required by Executive Order or law, to the following terms
and conditions:
(i) The permittee and his employees shall use all possible care in
preventing forest and range fires, and shall assist in the extinguishing
of forest and range fires on, or within, the vicinity of the land
described in the permit, as well as in the preservation of good order
within the boundaries of the park.
(ii) The Superintendent may require the permittee before driving
livestock to or from the grazing allotment to gather his livestock at a
designated time and place for the purpose of counting the same.
(iii) Stock will be allowed to graze only on the allotment
designated in the permit.
(iv) The permittee shall file with the Superintendent a copy of his
stock brand or other mark.
(v) The permittee shall, upon notice from the Superintendent that
the allotment designated in the permit is not ready to be grazed at the
beginning of the designated grazing season, place no livestock on the
allotment for such a period as may be determined by the Superintendent
as necessary to avoid damage to the range. All, or a portion of the
livestock shall be removed from the area before the expiration of the
designated grazing season if the Superintendent determines further
grazing would be detrimental to the range. The number of stock and the
grazing period may be adjusted by the Superintendent at any time when
such action is deemed necessary for the protection of the range.
(vi) No permit shall be issued or renewed until payment of all fees
and other amounts due the National Park Service has been made. Fees for
permits are due the National Park Service and must be paid at least 15
days in advance of the grazing period. No permit shall be effective to
authorize grazing use thereunder until all fees and other amounts due
the National Park Service have been paid. A pro rata adjustment of fees
will be made in the event of reduction of grazing privileges granted in
the permit, except that not more than 50 percent of the total annual
grazing fee will be refunded in the event reduced grazing benefits are
taken at the
[[Page 102]]
election of the permittee after his stock are on the range.
(vii) No building or other structure shall be erected nor shall
physical improvements of any kind be established under the permit except
upon plans and specifications approved by the National Park Service. Any
such facilities, structures, or buildings may be removed or disposed of
to a successor permittee within three months following the termination
of the permit; otherwise they shall become the property of the United
States without compensation therefor.
(viii) The permittee shall utilize the lands covered by the permit
in a manner approved and directed by the Superintendent which will
prevent soil erosion thereon and on lands adjoining same.
(ix) The right is reserved to adjust the fees specified in the
permit at any time to conform with the fees approved for Teton National
Forest, and the permittee shall be furnished a notice of any change of
fees.
(x) All livestock are considered as mature animals at six months of
age and are so counted in determining animal unit months and numbers of
animals.
(xi) The Superintendent may prescribe additional terms and
conditions to meet individual cases.
(9) The breach of any of the terms or conditions of the permit shall
be grounds for termination, suspension, or reduction of grazing
privileges.
(10) Appeals from the decision of the Superintendent to the Regional
Director and from the Regional Director to the Director shall be made in
accordance with the National Park Service Order No. 14, as amended (19
FR 8824) and Regional Director, Order No. 3, as amended (21 FR 1494).
(11) Nothing in these regulations shall be construed as to prevent
the enforcement of the provisions of the general rules and regulations
and the special rules and regulations of the National Park Service or of
any other provisions of said rules and regulations applicable to stock
grazing.
(d) Camping. (1) No person, party, or organization shall be
permitted to camp more than 30 days in a calendar year in designated
sites within the Park.
(2) Except in group campsites and backcountry sites, camping is
limited to six persons to a site.
(3) Registration is required for camping at the Jenny Lake
Campground; camping in this campground shall not exceed 10 days in any
calendar year.
(e) Vessels. (1) Power-driven vessels are prohibited on all park
waters except Jackson Lake and Jenny Lake.
(2) On Jenny Lake:
(i) Operating a power-driven vessel using a motor exceeding 7\1/2\
horsepower is prohibited, except:
(ii) An NPS authorized boating concessioner may operate power-driven
vessels under conditions specified by the Superintendent.
(3) Hand-propelled vessels may be used on Jackson, Jenny, Phelps,
Emma Matilda, Two Ocean, Taggart, Bradley, Bearpaw, Leigh, and String
Lakes and on the Snake River, except within 1,000 feet of the downstream
face of Jackson Lake Dam. All other waters are closed to boating.
(4) Sailboats may be used only on Jackson Lake.
(5) No person except an authorized concessioner shall moor or beach
a vessel on the shore of a designated harbor area, except in an
emergency.
(f) Management of elk. The laws and regulations of the State of
Wyoming shall govern elk management as associated with formal reduction
programs. Such Wyoming laws and regulations which are now or will
hereafter be in effect are hereby incorporated by reference as a part of
the regulations in this part.
(g)(1) What is the scope of this section? The regulations contained
in paragraphs (g)(2) through (g)(20) of this section are intended to
apply to the use of snowcoaches and recreational snowmobiles. Except
where indicated, paragraphs (g)(2) through (g)(20) do not apply to non-
administrative over-snow vehicle use by NPS, contractor, or concessioner
employees, or other non-recreational users authorized by the
Superintendent.
(2) What terms do I need to know? The definitions in this paragraph
(g)(2) also apply to non-administrative oversnow
[[Page 103]]
vehicle use by NPS, contractor, or concessioner employees, or other non-
recreational users authorized by the Superintendent.
(i) Commercial guide means a guide who operates as a snowmobile or
snowcoach guide for a fee or compensation and is authorized to operate
in the park under a concession contract. In this section, ``guide'' also
means ``commercial guide.''
(ii) Historic snowcoach means a Bombardier snowcoach manufactured in
1983 or earlier. Any other snowcoach is considered a non-historic
snowcoach.
(iii) Oversnow route means that portion of the unplowed roadway
located between the road shoulders and designated by snow poles or other
poles, ropes, fencing, or signs erected to regulate oversnow activity.
Oversnow routes include pullouts or parking areas that are groomed or
marked similarly to roadways and are adjacent to designated oversnow
routes. An oversnow route may also be distinguished by the interior
boundaries of the berm created by the packing and grooming of the
unplowed roadway. The only motorized vehicles permitted on oversnow
routes are oversnow vehicles.
(iv) Oversnow vehicle means a snowmobile, snowcoach, or other
motorized vehicle that is intended for travel primarily on snow and has
been authorized by the Superintendent to operate in the park. An
oversnow vehicle that does not meet the definition of a snowcoach must
comply with all requirements applicable to snowmobiles.
(v) Snowcoach means a self-propelled mass transit vehicle intended
for travel on snow, having a curb weight of over 1,000 pounds (450
kilograms), driven by a track or tracks and steered by skis or tracks,
and having a capacity of at least 8 passengers. A snowcoach has a
maximum size of 102 inches wide, plus tracks (not to exceed 110 inches
overall); a maximum length of 35 feet; and a Gross Vehicle Weight Rating
(GVWR) not exceeding 25,000 pounds.
(vi) Snowmobile means a self-propelled vehicle intended for travel
on snow, with a curb weight of not more than 1,000 pounds (450 kg),
driven by a track or tracks in contact with the snow, and which may be
steered by a ski or skis in contact with the snow.
(vii) Snowplane means a self-propelled vehicle intended for oversnow
travel and driven by an air-displacing propeller.
(3) May I operate a snowmobile in Grand Teton National Park? You may
operate a snowmobile in Grand Teton National Park in compliance with use
limits, operating hours and dates, equipment, and operating conditions
established under this section. The Superintendent may establish
additional operating conditions and provide notice of those conditions
in accordance with Sec. 1.7(a) of this chapter or in the Federal
Register.
(4) May I operate a snowcoach in Grand Teton National Park? It is
prohibited to operate a snowcoach in Grand Teton National Park except as
authorized by the Superintendent.
(5) Must I operate a certain model of snowmobile in the park? Only
commercially available snowmobiles that meet NPS air and sound emissions
requirements as set forth in this section may be operated in the park.
The Superintendent will approve snowmobile makes, models, and years of
manufacture that meet those requirements. Any snowmobile model not
approved by the Superintendent may not be operated in the park.
(6) How will the Superintendent approve snowmobile makes, models,
and years of manufacture for use in Grand Teton National Park? (i)
Beginning with the 2005 model year, all snowmobiles must be certified
under 40 CFR Part 1051, to a Family Emission Limit no greater than 15 g/
kW-hr for hydrocarbons and to a Family Emission Limit no greater than
120 g/kW-hr for carbon monoxide.
(A) 2004 model year snowmobiles may use measured air emissions
levels (official emission results with no deterioration factors applied)
to comply with the air emission limits specified in paragraph (g)(6)(i)
of this section.
(B) Snowmobiles manufactured before the 2004 model year may be
operated only if they have shown to have air emissions no greater than
the requirements identified in paragraph (g)(6)(i) of this section.
[[Page 104]]
(C) The snowmobile test procedures specified by EPA (40 CFR parts
1051 and 1065) must be used to measure air emissions from model year
2004 and later snowmobiles. Equivalent procedures may be used for
earlier model years.
(ii) For sound emissions, snowmobiles must operate at or below 73
dBA as measured at full throttle according to Society of Automotive
Engineers J192 test procedures (revised 1985). Snowmobiles may be tested
at any barometric pressure equal to or above 23.4 inches Hg uncorrected.
The Superintendent may revise these testing procedures based on new
information and/or updates to the SAE J192 testing procedures.
(iii) Snowmobiles meeting the requirements for air and sound
emissions may be operated in the park for a period not exceeding 6 years
from the date upon which first certified, except that snowmobiles being
operated on Jackson Lake may continue to be operated up to 10 years,
provided that these snowmobiles' mileage does not exceed 6,000 miles.
(iv) Snowmobiles will be exempt from these air and sound emissions
requirements while in use to access lands authorized by paragraphs
(g)(16) and (g)(18) of this section.
(v) The Superintendent may prohibit entry into the park of any
snowmobile that has been modified in a manner that may adversely affect
air or sound emissions.
(7) Where may I operate my snowmobile in the park? (i) You may
operate your snowmobile upon the frozen water surface of Jackson Lake, a
route established in accordance with Sec. 2.18(c) of this chapter,
under the following conditions:
(A) You are ice fishing, and licensed or otherwise permitted to fish
in Wyoming;
(B) You possess the proper fishing gear; and
(C) You limit your snowmobile travel to a direct route to and from
and between fishing locations on the lake.
(ii) The Superintendent may open or close this route, or portions
thereof, for snowmobile travel, and may establish separate zones for
motorized and non-motorized uses on Jackson Lake, after taking into
consideration the location of wintering wildlife, appropriate snow
cover, public safety and other factors. The Superintendent will provide
notice of such opening or closing by one or more of the methods listed
in Sec. 1.7(a) of this chapter.
(iii) This paragraph (g)(7) also applies to non-administrative over-
snow vehicle use by NPS, contractor, or concessioner employees, or other
non-recreational users authorized by the Superintendent.
(iv) Maps detailing the designated oversnow route will be available
from Park Headquarters.
(8) Must I travel with a commercial guide while snowmobiling in
Grand Teton National Park? You are not required to use a guide while
snowmobiling in Grand Teton National Park.
(9) Are there limits established for the number of snowmobiles
permitted to operate in the park each day? (i) The number of snowmobiles
allowed to operate in the park each day on Jackson Lake is 25.
(ii) The Superintendent may adjust this number up or down, not to
exceed a daily limit of 40 snowmobiles, after taking into consideration
the location of wintering wildlife, appropriate snow cover, noise
monitoring results, public safety and other factors. The Superintendent
will provide notice of such adjustment by one or more of the methods
listed in Sec. 1.7(a) of this chapter.
(10) When may I operate my snowmobile? The Superintendent will
determine operating hours and dates. Except for emergency situations,
any changes to operating hours or dates will be made on an annual basis,
and the public will be notified of those changes through one or more of
the methods listed in Sec. 1.7(a) of this chapter.
(11) What other conditions apply to the operation of oversnow
vehicles? (i) The following are prohibited:
(A) Idling an oversnow vehicle more than 5 minutes at any one time.
(B) Driving an oversnow vehicle while the operator's motor vehicle
license or privilege is suspended or revoked.
(C) Allowing or permitting an unlicensed driver to operate an
oversnow vehicle.
[[Page 105]]
(D) Driving an oversnow vehicle in willful or wanton disregard for
the safety of persons, property, or park resources or otherwise in a
reckless manner.
(E) Operating an oversnow vehicle without a lighted white headlamp
and red taillight.
(F) Operating an oversnow vehicle that does not have brakes in good
working order.
(G) The towing of persons on skis, sleds or other sliding devices by
oversnow vehicles.
(ii) The following are required:
(A) All oversnow vehicles that stop on designated routes must pull
over to the far right and next to the snow berm. Pullouts must be used
where available and accessible. Oversnow vehicles may not be stopped in
a hazardous location or where the view might be obscured, or operated so
slowly as to interfere with the normal flow of traffic.
(B) Oversnow vehicle drivers must possess a valid motor vehicle
driver's license. A learner's permit does not satisfy this requirement.
The license must be carried by the driver at all times.
(C) Equipment sleds towed by a snowmobile must be pulled behind the
snowmobile and fastened to the snowmobile with a rigid hitching
mechanism.
(D) Snowmobiles must be properly registered and display a valid
registration from the United States or Canada.
(iii) The Superintendent may impose other terms and conditions as
necessary to protect park resources, visitors, or employees. The
Superintendent will notify the public of any changes through one or more
methods listed in Sec. 1.7(a) of this chapter.
(iv) This paragraph (g)(11) also applies to non-administrative over-
snow vehicle use by NPS, contractor, or concessioner employees, or other
non-recreational users authorized by the Superintendent.
(12) What conditions apply to alcohol use while operating an
oversnow vehicle? In addition to 36 CFR 4.23, the following conditions
apply:
(i) Operating or being in actual physical control of an oversnow
vehicle is prohibited when the driver is under 21 years of age and the
alcohol concentration in the driver's blood or breath is 0.02 grams or
more of alcohol per 100 milliliters or blood or 0.02 grams or more of
alcohol per 210 liters of breath.
(ii) Operating or being in actual physical control of an oversnow
vehicle is prohibited when the driver is a snowmobile guide or a
snowcoach operator and the alcohol concentration in the driver's blood
or breath is 0.04 grams or more of alcohol per 100 milliliters of blood
or 0.04 grams or more of alcohol per 210 liters of breath.
(iii) This paragraph (g)(12) also applies to non-administrative
over-snow vehicle use by NPS, contractor, or concessioner employees, or
other non-recreational users authorized by the Superintendent.
(13) Do other NPS regulations apply to the use of oversnow vehicles?
The use of oversnow vehicles in Grand Teton is subject to Sec. 2.18(a),
(b), and (c), but not subject to Sec. 2.18(d) and (e) and Sec. 2.19(b)
of this chapter.
(14) Are there any forms of non-motorized oversnow transportation
allowed in the park?
(i) Non-motorized travel consisting of skiing, skating, snowshoeing,
or walking is permitted unless otherwise restricted under this section
or other NPS regulations.
(ii) The Superintendent may designate areas of the park as closed,
reopen such areas, or establish terms and conditions for non-motorized
travel within the park in order to protect visitors, employees, or park
resources.
(iii) Dog sledding and ski-joring are prohibited.
(15) May I operate a snowplane in the park? The operation of a
snowplane in Grand Teton National Park is prohibited.
(16) May I continue to access public lands via snowmobile through
the park? Reasonable and direct access, via snowmobile, to adjacent
public lands will continue to be permitted on the designated routes
through the park identified in the following paragraphs (g)(16)(i)
through (iv). Requirements established in this section related to air
and sound emissions, daily entry limits, snowmobile operator age,
guiding, and licensing do not apply on these oversnow routes. The
following routes
[[Page 106]]
are designated for access via snowmobile to public lands:
(i) From the parking area at Shadow Mountain directly along the
unplowed portion of the road to the east park boundary.
(ii) Along the unplowed portion of the Ditch Creek Road directly to
the east park boundary.
(iii) The Continental Divide Snowmobile Trail (CDST) along U.S. 26/
287 from the east park boundary to a point approximately 2 miles east of
Moran Junction. If necessary for the proper administration of visitor
use and resource protection, the Superintendent may extend this
designated route to the Moran Entrance Station.
(iv) The Superintendent may designate additional routes if necessary
to provide access to other adjacent public lands.
(17) For what purpose may I use the routes designated in paragraph
(g)(16) of this section? You may only use those routes designated in
paragraph (g)(16) of this section to gain direct access to public lands
adjacent to the park boundary.
(18) May I continue to access private property within or adjacent to
the park via snowmobile? The Superintendent may establish reasonable and
direct snowmobile access routes to the inholding or to private property
adjacent to park boundaries for which other routes or means of access
are not reasonably available. Requirements established in this section
related to air and sound emissions, snowmobile operator age, licensing,
and guiding do not apply on these oversnow routes. The following routes
are designated for access to private properties within or adjacent to
the park:
(i) From the Antelope Flats Road off U.S. 26/89/191 to private lands
in the Craighead Subdivision.
(ii) The unplowed portion of the Teton Park Road to the piece of
land commonly referred to as the ``Townsend Property.''
(iii) From the Moose-Wilson Road to the land commonly referred to as
the ``Barker Property.''
(iv) From the Moose-Wilson Road to the property commonly referred to
as the ``Halpin Property.''
(v) From Highway 26/89/191 to those lands commonly referred to as
the ``Meadows'', the ``Circle EW Ranch'', the ``Moulton Property'', the
``Levinson Property'' and the ``Macmahon Property.''
(vi) From Cunningham Cabin pullout on U.S. 26/89/191 near Triangle X
to the piece of land commonly referred to as the ``Lost Creek Ranch.''
(vii) The Superintendent may designate additional routes if
necessary to provide reasonable access to inholdings or adjacent private
property.
(viii) Maps detailing designated routes will be available from Park
Headquarters.
(19) For what purpose may I use the routes designated in paragraph
(g)(18) of this section? The routes designated in paragraph (g)(18) of
this section are only to access private property within or directly
adjacent to the park boundary. Use of these roads via snowmobile is
authorized only for the landowners and their representatives or guests.
Use of these roads by anyone else or for any other purpose is
prohibited.
(20) Is violating any of the provisions of this section prohibited
(i) Violating any of the terms, conditions or requirements of paragraphs
(g)(3) through (g)(19) of this section is prohibited.
(ii) Anyone who violates any of the terms, conditions or
requirements of this regulation will be considered to have committed one
separate offense for each term, condition or requirement that they
violate.
(h) Where may I ride a bicycle in Grand Teton National Park? (1) You
may ride a bicycle on park roads, in parking areas, and upon designated
routes established within the park in accordance with Sec. 4.30(a) of
this chapter. The following routes are designated for bicycle use:
(i) The paved multi-use pathway alongside Dornan Road between
Dornan's and the Teton Park Road.
(ii) The paved multi-use pathway alongside the Teton Park Road
between Dornan Road (Dornan's Junction) and the South Jenny Lake
developed area.
(2) The Superintendent may open or close designated routes, or
portions thereof, or impose conditions or restrictions for bicycle use
after taking into consideration the location of or
[[Page 107]]
impacts on wildlife, the amount of snow cover or other environmental
conditions, public safety, and other factors, under the criteria and
procedures of Sec. Sec. 1.5 and 1.7 of this chapter.
[24 FR 11043, Dec. 30, 1959]
Editorial Note: For Federal Register citations affecting Sec. 7.22,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and at www.govinfo.gov.
Sec. 7.23 Badlands National Park.
(a) Commercial vehicles. (1) Notwithstanding the prohibition of
commercial vehicles set forth in Sec. 5.6 of this chapter, local
commercial vehicles may operate on the park road between the Northeast
entrance and the Interior entrance in accordance with the provisions of
this section.
(2) The term ``Local Commercial Vehicles'', as used in this section,
will include the definition of ``commercial vehicle'' in Sec. 5.6(a),
but specifically includes only those vehicles that originate from, or
are destined to, the following U.S. Postal Service ZIP code areas:
Allen 57714
Belvedere 57521
Cottonwood 57775
Creighton 57729
Interior 57750
Kadoka 57543
Kyle 57752
Long Valley 57547
Owanka 57767
Philip 57567
Scenic 57780
Wall 57790
Wanblee 57577
Wasta 57791
(3) The Superintendent may require a permit and establish terms and
conditions in accordance with Sec. 1.6 of this chapter for the
operation of local commercial vehicles on the park road between the
park's Northeast and Interior entrances. The Superintendent may charge a
fee for any permits issued to commercial vehicles in accordance with a
fee schedule established annually.
(4) The commercial transport on the park road between the Northeast
and Interior entrances of any substance or combination of substances,
including any hazardous substance, hazardous material, or hazardous
waste that requires placarding, or any marine pollutant that requires
marking, as defined in 49 CFR Subtitle B, is prohibited; except for
local bulk deliveries of gasoline, fuel oil and LP gas; provided,
however, that the Superintendent may issue permits for the
transportation of such substance or combination of substances, including
hazardous waste, in emergencies, and may issue permits when such
transportation is necessary for access to lands within or adjacent to
the park area to which access is otherwise not available as provided in
36 CFR 5.6.
(5) The operator of a motor vehicle transporting any hazardous
substance, hazardous material, hazardous waste, or marine pollutant in
accordance with a permit issued under this section, is not relieved in
any manner from complying with all applicable regulations in 49 CFR
Subtitle B, or with any other State or Federal laws and regulations
applicable to the transportation of any hazardous substance, hazardous
material, hazardous waste, or marine pollutant.
(6) The transportation or use of oversize or overweight commercial
vehicles on the park road between the Northeast and Interior entrances
is prohibited; provided, however that the Superintendent may issue
permits for transportation or use of such vehicles and may condition
such permits on the use of special routes within the park in order to
minimize impacts to park facilities and resources and also may issue
permits when the transportation or use of such vehicles is necessary for
access to lands within or adjacent to the park area to which access is
otherwise not available as provided in 36 CFR 5.6.
(7) Operating without, or violating a term or condition of, a permit
issued in accordance with this section is prohibited. In addition,
violating a term or condition of a permit may result in the suspension
or revocation of the permit.
(b) [Reserved]
[62 FR 2580, Jan. 17, 1997]
[[Page 108]]
Sec. 7.24 Upper Delaware Scenic and Recreational River.
Fishing. Fishing in any manner authorized under applicable State law
is allowed.
[53 FR 3748, Feb. 9, 1988]
Sec. 7.25 Hawaii Volcanoes National Park.
(a) Fishing--(1) Commercial fishing. Commercial fishing from
parklands (above the high waterline) other than as provided for below is
prohibited.
(2) Nets. The use of nets in fishing from parklands (above the high
waterline) except for throw nets, is prohibited.
(3) Kalapana extension area; special fishing privileges. (i)
Pursuant to the act of June 20, 1938 (52 Stat. 781; 16 U.S.C. 391b and
396a) Native Hawaiian residents of the villages adjacent to the Kalapana
extension area added to the park by the above act and visitors under
their guidance are granted the exclusive privileges of fishing or
gathering seafood from parklands (above the high waterline) along the
coastline of such extension area. These persons may engage in commercial
fishing under proper State permit.
(ii) For the purposes of this section, the term ``native Hawaiian''
means any descendent of not less than one-half part of the blood of the
races inhabiting the Hawaiian Islands previous to 1778 (Act of June 20,
1938; 52 Stat. 784; 16 U.S.C. 396a).
(b) Backcountry registration. No person shall explore or climb about
the lava tubes or pit craters in the park without first registering with
the superintendent and indicating the approximate length of time
involved in the exploration and the number of people in the party. This
section does not apply to the maintained trail through Thruston Lava
Tube, nor the maintained trail down and across Kilauea Iki pit crater.
[34 FR 9338, June 13, 1969, as amended at 48 FR 30295, June 30, 1983]
Sec. 7.26 Death Valley National Park.
(a) Mining. Mining in Death Valley National Park is subject to the
following regulations, which are prescribed to govern the surface use of
claims therein:
(1) The claim shall be occupied and used exclusively for mineral
exploration and development and for no other purpose except that upon
written permission of an authorized officer or employee of the National
Park Service the surface of the claim may be used for other specified
purposes, the use to be on such conditions and for such period as may be
prescribed when permission is granted.
(2) The owner of the claim and all persons holding under him shall
conform to all rules and regulations governing occupancy of the lands
within the National Park.
(3) The use and occupancy of the surface of mining claims as
prescribed in paragraphs (a) (1) and (2) of this section shall apply to
all such claims located after the date of the act of June 13, 1933 (48
Stat. 139; 16 U.S.C. 447), within the limits of the National Park as
fixed by Proclamation No. 2028 of February 11, 1933, and enlarged by
Proclamation No. 2228 of March 26, 1937, and to all mining claims on
lands hereafter included in the National Park, located after such
inclusion, so long as such claims are within the boundaries of said
Park.
(4) Prospectors or miners shall not open or construct roads or
vehicle trails without first obtaining written permission from an
authorized officer or employee of the National Park Service.
Applications for permits shall be accompanied by a map or sketch showing
the location of the mining property to be served and the location of the
proposed road or vehicle trail. The permit may be conditioned upon the
permittee's maintaining the road or trail in a passable condition as
long as it is used by the permittee or his successors.
(5) From and after the date of publication of this section, no
construction, development, or dumping upon any location or entry, lying
wholly or partly within the areas set forth in paragraphs (a)(5) (i) to
(iii) of this section, shall be undertaken until the plans for such
construction, development, and dumping, insofar as the surface is
affected thereby, shall have been first submitted to and approved in
writing by an authorized officer or employee of the National Park
Service:
[[Page 109]]
(i) All land within 200 feet of the center-line of any public road.
(ii) All land within the smallest legal subdivision of the public
land surveys containing a spring or water hole, or within one quarter of
a mile thereof on unsurveyed public land.
(iii) All land within any site developed or approved for development
by the National Park Service as a residential, administrative, or public
campground site. Such sites shall include all land within the exterior
boundaries thereof as conspicuously posted by the placing of an
appropriate sign disclosing that the boundaries of the developed site
are designated on a map of the site which will be available for
inspection in the office of the Superintendent. If not so posted, such
sites shall include all land within 1,000 feet of any Federally owned
buildings, water and sewer systems, road loops, and camp tables and
fireplaces set at designated camp sites.
(b) Use of water. No works or water system of any kind for the
diversion, impoundment, appropriation, transmission, or other use of
water shall be constructed on or across Park lands, including mining
claims, without a permit approved by an authorized officer or employee
of the National Park Service. Application for such permit shall be
accompanied by plans of the proposed construction. The permit shall
contain the following conditions: (1) No diversion and use of the water
shall conflict with the paramount general public need for such water;
(2) such water systems shall include taps or spigots at points to be
prescribed by the Superintendent, for the convenience of the public; and
(3) all appropriations of water, in compliance with the State water
laws, shall be made for public use in the name of the United States and
in accordance with instructions to be supplied by an authorized officer
or employee of the National Park Service.
(c) Permits. Application for any permit required by this section
shall be made through the Superintendent of the Park.
(d) Filing of copies of mining locations. From and after the
publication of this paragraph, in order to facilitate the administration
of the regulations in this part, copies of all mining locations filed in
the Office of the County Recorder shall be furnished to the office of
the Superintendent, Death Valley National Park, by the person filing the
mining location in his own behalf or on behalf of any other person.
(e) Aircraft. The following are designated as locations where the
operation of aircraft is allowed:
(1) Death Valley Airport, latitude 36[deg]27[min]50[sec] N.,
longitude 116[deg]52[min]50[sec] W.
(2) Stovepipe Wells Airport, latitude 36[deg]36[min]15[sec] N.,
longitude 117[deg]09[min]30[sec] W.
(3) Saline Valley Warm Springs Airfield, latitude N
36[deg]48.41[min], longitude W 117[deg]46.90[min].
[24 FR 11044, Dec. 30, 1959, as amended at 49 FR 18450, Apr. 30, 1984;
84 FR 42819, Aug. 19, 2019]
Sec. 7.27 Dry Tortugas National Park.
(a) What terms do I need to know? The following definitions apply to
this section only:
(1) Bait fish means any of the following:
(i) Ballyhoo (family Exocioetidae and genus Hemiramphus), other
genus may be included in this family;
(ii) Minnow (families Cyprinodontidae, Peciliidae, or Aherinidae);
(iii) Mojarra (family Gerreidae);
(iv) Mullet (family Mugilidae);
(v) Pilchard (family Clupeidae); or
(vi) Pinfish (family Sparidae, genus Lagodon).
(2) Cast net means a type of circular falling net, weighted on its
periphery, which is thrown and retrieved by hand, measuring 14 feet or
less stretched length (stretched length is defined as the distance from
the horn at the center of the net with the net gathered and pulled taut,
to the lead line).
(3) Designated anchorage means any area of sand within one nautical
mile of the Fort Jefferson Harbor Light.
(4) Dip net means a hand held device for obtaining bait, the netting
of which is fastened in a frame. A dip net may not exceed 3 feet at its
widest point.
(5) Finfish means a member of subclasses Agnatha, Chondrichthyes, or
Osteichthyes.
(6) Flat wake speed means the minimum required speed to leave a flat
wave disturbance close astern a moving
[[Page 110]]
vessel yet maintain steerageway, but in no case in excess of 5 statute
miles per hour.
(7) Guide operations means the activity of a person, partnership,
firm, corporation, or other entity to provide services for hire to
visitors of the park. This includes, but is not limited to, fishing,
diving, snorkeling, and wildlife viewing.
(8) Live rock means any living marine organism or assemblage thereof
attached to a hard substrate, including dead coral or rock but not
individual mollusk shells.
(9) Lobster means any of the following:
(i) Shovelnosed or Spanish Lobster (Scyllarides aequinocti);
(ii) Slipper lobster (Parribacus antarcticus);
(iii) Caribbean spiny lobster (Panulirus argus); or
(iv) Spotted spiny lobster (Panulirus guttatus).
(10) Marine life means:
(i) Sponges, sea anenomes, corals, jellyfish, sea cucumbers,
starfish, sea urchins, octopus, crabs, shrimp, barnacles, worms, conch;
and
(ii) Other animals belonging to the Phyla Porifera, Cnidaria,
Echinodermata, Mollusca, Bryozoa, Brachiopoda, Arthropoda,
Platyhilmenthes, and Annelida.
(11) Not available for immediate use means not readily accessible
for immediate use (e.g., by being stowed unbaited in a cabin, locker,
rod holder, or similar storage area, or being securely covered and
lashed to a deck or bulkhead).
(12) Ornamental tropical fish means a brightly colored fish, often
used for aquarium purposes and which lives in close relationship to
coral communities, belonging to the families Syngathidae, Apogonidae,
Pomacentridae, Scaridae, Blennidae, Callionymidae, Gobiidae,
Ostraciidae, or Diodontidae.
(13) Permit, in the case of 36 CFR part 7.27, means an authorization
in writing or orally (e.g., via radio or telephonically).
(14) Research Natural Area (RNA) at Dry Tortugas National Park means
the 46-square-statute-mile area in the northwest portion of the park
enclosed by connecting with straight lines the adjacent points of
82[deg]51[min] W and 24[deg]36[min] N, and 82[deg]58[min] W and
24[deg]36[min] N west to the park boundary, but excluding:
(i) The designated anchorage;
(ii) Garden Key, Bush Key and Long Key; or
(iii) The central portion of Loggerhead key including the lighthouse
and associated buildings.
(15) Shrimp means a member of the genus Farfantepenaeus, Penaeus sp.
(b) Are there recreational fishing restrictions that I need to know?
(1) Yes. After consulting with and obtaining the concurrence of the
Florida Fish and Wildlife Conservation Commission, based on management
objectives and the park fisheries research, the Superintendent may
impose closures and establish conditions or restrictions necessary
pertaining to fishing, including, but not limited to, species of fish
that may be taken, seasons, and hours during which fishing may take
place, methods of taking, and size, bag, and possession limits. The
public will be notified of any changes through one or more methods
listed in Sec. 1.7 of this chapter. In emergency situations, after
consulting with the Florida Fish and Wildlife Conservation Commission,
the Superintendent may impose temporary closures and establish
conditions or restrictions necessary, but not exceeding 30 days in
duration which may be extended for one additional 30 day period,
pertaining to fishing, including, but not limited to, species of fish
that may be taken, seasons, and hours during which fishing may take
place, methods of taking, and size, bag, and possession limits. In
emergency situations where consultation in advance is not possible, the
Superintendent will consult with the Florida Fish and Wildlife
Conservation Commission within 24-hours of the initiation of the
temporary closure or restriction.
(2) Only the following may be legally taken from Dry Tortugas
National Park:
(i) Fin fish by closely attended hook-and-line;
(ii) Bait fish by closely attended hook and line, dip net, or cast
net and limited to 5 gallons per vessel per day; and
[[Page 111]]
(iii) Shrimp may be taken by dip net or cast net.
(3) The following waters and areas are closed to fishing:
(i) The Research Natural Area (RNA): Fish and fishing gear may be
possessed aboard a vessel in the RNA, provided such fish can be shown
not to have been harvested from within, removed from, or taken within
the RNA, as applicable, by being stowed in a cabin, locker, or similar
storage area prior to entering and during transit through the RNA,
provided further that such vessel is in continuous transit through the
RNA. Gear capable of harvesting fish may be aboard a vessel in the RNA,
provided such gear is not available for immediate use when entering and
during transit through the RNA and no presumption of fishing activity
shall be drawn therefrom;
(ii) Garden Key moat;
(iii) Within any swimming and snorkeling areas designated by buoys;
(iv) Within 50 feet of the historic coaling docks;
(v) Helipad areas, including the gasoline refueling dock.
(4) The following are prohibited:
(i) Possessing lobster within the boundaries of the park, unless the
individual took the lobster outside park waters and has the proper
State/Federal licenses and permits. Vessels with legally taken lobster
aboard which was taken outside the park may not have persons overboard
in park waters. The presence of lobster aboard a vessel in park waters,
while one or more persons from such vessel are overboard, constitutes
prima facie evidence that the lobsters were harvested from park waters
in violation of this chapter.
(ii) Taking fish by pole spear, Hawaiian sling, rubber powered,
pneumatic, or spring loaded gun or similar device known as a speargun,
air rifles, bows and arrows, powerheads, or explosive powered guns.
Operators of vessels within the park must break down and store all
weapons described in this paragraph so that they are not available for
immediate use.
(iii) Use of a hand held hook, gig, gaff, or snare, except that a
gaff may be used for landing a fish lawfully caught by hook and line
when consistent with all requirements in this section, including size
and species restrictions.
(iv) Taking, possessing, or touching any ornamental tropical fish or
marine life except as expressly provided in this section.
(v) Dragging or trawling a dip net or cast net.
(vi) The use of nets except as provided in paragraphs (b)(3)(ii)and
(iii) of this section.
(vii) Engaging in guide operations (fee for service), including but
not limited to fishing and diving, except in accordance with the
provisions of:
(A) A permit, contract, or other commercial use authorization; or
(B) Other written agreement with the United States administered
under this chapter.
(c) Are any areas of the park closed to the public? Yes. The
following areas are closed to the public:
(1) The elkhorn (Acropora palmata) and staghorn (Acropora prolifera)
coral patches adjacent to and including the tidal channel southeast of
Long and Bush Keys and extending to 100 yards from the exterior edge of
either patch;
(2) Hospital and Long Keys; and
(3) Areas that the Superintendent designates in accordance with
Sec. 1.5 and noticed to the public through one or more of the methods
listed in Sec. 1.7 of this chapter.
(d) What restrictions apply on Loggerhead Key? (1) The
Superintendent will, as necessary to protect park resources, visitors,
or employees:
(i) Designate areas on Loggerhead Key open for public use;
(ii) Establish closures or restrictions on and around the waters of
Loggerhead Key; and
(iii) Establish conditions for docking, swimming or wading, and
hiking.
(2) The Superintendent will notify the public of designations,
closures or restrictions through one or more of the methods listed in
Sec. 1.7 of this chapter.
(e) What restrictions apply to anchoring a vessel in the park? (1)
Anchoring in the Research Natural Area (RNA) is prohibited.
(2) All vessels in the RNA must use designated mooring buoys.
(3) Anchoring between sunset and sunrise is limited to the
designated anchorage area at Garden Key.
[[Page 112]]
(4) Vessels engaged in commercial fishing or shrimping must not
anchor in any of the channels, harbors, or lagoons in the vicinity of
Garden Key, Bush Key, or the surrounding shoals outside of Bird Key
Harbor, except in cases of emergency involving danger to life or
property. (Emergencies may include, adverse weather conditions,
mechanical failure, medical emergencies, or other public safety
situations.)
(f) What vessel operations are prohibited? The following vessel
operations are prohibited:
(1) Operating a vessel in the Fort Jefferson Moat; and
(2) Operating a vessel above a flat wake speed in the Garden Key and
Bird Key Harbor areas.
(g) What restrictions apply to discharging materials in park waters?
(1) Discharging or depositing materials or substances of any kind within
the boundaries of the park is prohibited, except for the following:
(i) Research Natural Area: cooling water or engine exhaust.
(ii) Park Waters Outside the Research Natural Area:
(A) Fish, fish parts, chumming materials, or bait used or produced
incidental to and while conducting recreational fishing activities in
the park;
(B) Water generated by routine vessel operations (e.g., deck wash
down and graywater from sinks, consisting of only water and food
particles;
(C) Vessel cooling water, engine exhaust, or bilge water not
contaminated by oil or other substances.
(2) The Superintendent may impose further restrictions as necessary
to protect park resources, visitors, or employees. The Superintendent
will notify the public of these requirements through one or more of the
methods listed in Sec. 1.7 of this chapter.
(h) What are the permit requirements in the park? (1) A permit,
issued by the Superintendent, is required for all non-commercial vessels
for which occupants are engaged in recreational activities, including
all activities in the RNA. Permitted recreational activities include but
are not limited to use of mooring buoys, snorkeling, diving, wildlife
viewing, and photography.
(2) A permit, issued by the Superintendent, is required for a
person, group, institution, or organization conducting research
activities in the park.
(3) Vessels transiting the park without interruption shall not
require a permit.
(i) How are corals and other underwater natural features protected
in the park? (1) Taking, possessing, removing, damaging, touching,
handling, harvesting, disturbing, standing on, or otherwise injuring
coral, coral formation, seagrass or other living or dead organisms,
including marine invertebrates, live rock, and shells, is prohibited.
(2) Vessel operators are prohibited from allowing their vessel to
strike, injure, or damage coral, seagrass, or any other immobile
organism attached to the seabed.
(3) Vessel operators are prohibited from allowing an anchor, chain,
rope or other mooring device to be cast, dragged, or placed so as to
strike, break, abrade, or otherwise cause damage to coral formations,
sea grass, or submerged cultural resources.
(j) What restrictions apply on or near shipwrecks? (1) No person may
destroy, molest, remove, deface, displace, or tamper with wrecked or
abandoned vessels of any type or condition, or any cargo pertaining
thereto.
(2) Surveying, inventorying, dismantling, or recovering any wreck or
cargo within the boundaries of the park is prohibited unless permitted
in writing by the Superintendent.
(k) How are aircraft operations restricted? (1) Landing an aircraft
in Dry Tortugas National Park may occur only in accordance with a permit
issued by the Superintendent under Sec. 1.6 of this chapter.
(2) When landing is authorized by permit, the following requirements
also apply:
(i) Aircraft may be landed on the waters within a radius of 1 mile
of Garden Key, but a landing or takeoff may not be made within 500 feet
of Garden Key, or within 500 feet of any closed area.
(ii) Operation of aircraft is subject to Sec. 2.17 of this chapter,
except that seaplanes may be taxied closer than 500 feet to the Garden
Dock while en route to or from the designated ramp, north of the dock.
[[Page 113]]
(iii) Seaplanes may be moored or brought up on land only on the
designated beach, north of the Garden Key dock.
[71 FR 76164, Dec. 20, 2006]
Sec. 7.28 Olympic National Park.
(a) Fishing--(1) General Provisions. All waters within Olympic
National Park are open to fishing in conformance with those seasons and
limits published annually by the Washington State Department of Game and
the Washington State Department of Fisheries applicable in the same
watershed in adjoining counties, except as provided for below.
(i) Possession limit. This shall be the same as the daily limit for
all species; Provided however, it is lawful to possess four steelhead
over 20 inches regardless of weight. In the Queets River and tributaries
the summer season possession limit is two steelhead over 20 inches.
(ii) General summer season. Daily steelhead catch limit shall not
exceed two fish, Provided however:
(A) The Queets River and tributaries shall have a summer season
daily limit of one steelhead over 20 inches in length.
(B) The Quinault River is closed to the taking of steelhead all year
above the confluence of the North and East Forks, but is open in its
entirety during the general summer season to the taking of two rainbow
trout with a minimum six of 10 inches and maximum size of 20 inches.
(2) Salmon Fishing. Salmon fishing is permitted on the following
park waters, exclusive of tributaries, when adjacent State waters are
open:
Dickey River.
Hoh River below confluence of South Fork.
Kalaloch Creek.
Ozette River.
Queets River below Tshletshy Creek.
Quillayute River.
Quinault River below the bridge connecting North Fork and Graves Creek
Roads.
Salmon River.
Seasons and bag limits shall be established annually after consultation
with the State and any affected Indian tribe.
(3) Conservation waters. After consultation with the State and,
where appropriate, the concerned Indian tribe, the superintendent may,
by local publication and conspicuous posting of signs, alter the season
and change daily limits for spawning, conservation or research purposes.
(4) Closed waters. That portion of the Morse Creek watershed within
the park (except Lake Angeles and P.J. Lake) and that section of
Kalaloch Creek which is used as domestic water supply (as posted) are
closed to fishing. Fishing from boats is prohibited on the Hoh River
upstream from the South Fork Hoh boat launch.
(5) Fishing gear. Fishing with a line, gear or tackle having more
than two spinners, spoons, blades, flashers, or like attractions, or
with more than one rudder, or more than two hooks (single, double, or
treble barbed) attached to such line, gear, or tackle, is prohibited.
(6) Bait. The use of nonpreserved fish eggs is permitted.
(7) License. A license to fish in park waters is not required;
however, an individual fishing for steelhead or salmon in park waters,
except treaty Indians fishing in the exercise of rights secured by
treaties of the United States, shall have in his/her possession a State
of Washington punch card for the species being sought. Steelhead and
salmon shall be accounted for on these cards as required by State
regulations.
(8) Indian treaty fishing. (i) Subject to the limitations set forth
below, all waters within the Olympic National Park which have been
adjudicated to be usual and accustomed fishing places of an Indian
tribe, having treaty-secured off-reservation fishing rights, are open to
fishing by members of that tribe in conformance with applicable tribal
or State regulations conforming to the orders of the United States
District Court.
(ii) Identification cards and tags. Members of the tribes having
treaty-secured fishing rights shall carry identification cards
conforming to the requirements prescribed by the United States District
Court and issued either by the Bureau of Indian Affairs or the
applicable tribe when fishing in accordance with the tribe's reserved
treaty fishing right. Such persons shall produce said card for
inspection upon request of a National Park Service enforcement officer.
A tribally issued identification tag shall be attached to any unattended
fishing gear in park waters.
[[Page 114]]
(iii) Conservation closures and catch limits. The superintendent may
close a stream or any portion thereof to Indian treaty fishing or limit
the number of fish that may be taken when it is found either that it is:
(A) Reasonable and necessary for the conservation of a run as those
terms are used by the United States District Court to determine the
permissible limitations on the exercise of Indian treaty rights; or
(B) Necessary to secure the proper allocation of harvest between
Indian treaty fisheries and other fisheries as prescribed by the court.
(iv) Catch reports. Indian fishermen shall furnish catch reports in
such form as the superintendent, after consultation with the applicable
tribe, shall have prescribed.
(v) Prohibition of fish cultural activities. No fish cultural,
planting, or propagation activity shall be undertaken in park waters
without prior written permission of the superintendent.
(vi) Applicability of other park regulations. Indian treaty fishing
shall be in conformity with National Park Service general regulations in
parts 1-6 of this chapter.
(b) Boating. All vessels are prohibited on park waters except as
provided below:
(1) Hand propelled vessels and sailboats are permitted on park
waters except the following:
Dosewalips River.
(2) Motorboats are permitted on the following waters:
Lake Crescent.
Lake Cushman.
Lake Mills.
Dickey River in coastal strip.
Hoh River in coastal strip.
Quillayute River in coastal strip.
Quinault River below the bridge connecting North Fork and Graves Creek
Roads.
(c) Dogs and cats. Dogs (except guide dogs) and cats are prohibited
on any park land or trail, except on designated park roads and parking
areas or within one-quarter mile of an established automobile campground
or concessioner overnight facility.
(d) [Reserved]
(e) Privately owned lands--(1) Water supply and sewage disposal
systems. The provisions of this paragraph apply to the privately owned
lands within Olympic National Park. The provisions of this paragraph do
not excuse compliance by eating, drinking, or lodging establishments
with Sec. 5.10 of this chapter.
(i) Facilities. (a) Subject to the provisions of paragraph
(e)(1)(iii) of this section, no person shall occupy any building or
structure, intended for human habitation or use, unless such building is
served by water supply and sewage disposal systems that comply with the
standards prescribed by the State and county laws and regulations
applicable in the county within whose exterior boundaries such building
is located.
(b) No person shall construct, rebuild or alter any water supply or
sewage disposal system without a written permit issued by the
Superintendent. The Superintendent will issue such permit only after
receipt of written notification from the appropriate Federal, State, or
county officer that the plans for such system comply with the State or
county standards. There shall be no charge for such permits. Any person
aggrieved by an action of the Superintendent with respect to any such
permit or permit application may appeal in writing to the Director,
National Park Service, U.S. Department of the Interior, Washington, DC
20240.
(ii) Inspections. (a) The appropriate State or county officer, the
Superintendent, or their authorized representatives or an officer of the
U.S. Public Health Service, may inspect any water supply or sewage
disposal system, from time to time, in order to determine whether such
system complies with the State and county standards: Provided, however,
That inspection shall be made only upon consent of the occupant of the
premises or pursuant to a warrant.
(b) Any water supply or sewage disposal system may be inspected
without the consent of the occupant of the premises or a warrant if
there is probable cause to believe that such system presents an
immediate and severe danger to the public health.
(iii) Defective systems. (a) If upon inspection, any water supply
system or sewage disposal system is found by the inspecting officer not
to be in conformance with applicable State and county standards, the
Superintendent will
[[Page 115]]
send to the ostensible owner and/or the occupant of such property, by
certified mail, a written notice specifying what steps must be taken to
achieve compliance. If after 1 year has elapsed from the mailing of such
written notice the deficiency has not been corrected, such deficiency
shall constitute a violation of this regulation and shall be the basis
for court action for the vacation of the premises.
(b) If upon inspection, any water supply or sewage disposal system
is found by the inspecting officer not to be in conformance with
established State and county standards and it is found further that
there is immediate and severe danger to the public health or the health
of the occupants or users, the Superintendent shall post appropriate
notices at conspicuous places on such premises, and thereafter, no
person shall occupy or use the premises on which the system is located
until the Superintendent is satisfied that remedial measures have been
taken that will assure compliance of the system with established State
and county standards.
(2) State forest practice laws. Any person, firm, or corporation
harvesting or cutting timber on privately owned lands within that
portion of Olympic National Park over which jurisdiction has been ceded
by the State of Washington to the United States of America shall comply
with the standards concerning forest practices established from time to
time by or pursuant to the laws of the State of Washington which would
apply to such operations if they were not being conducted in Olympic
National Park and personnel of the Park will consult and cooperate with
State officials in the administration of this regulation. Although
forest practices standards established from time to time by or pursuant
to the laws of the State of Washington shall apply, no person, firm, or
corporation harvesting timber, on such privately owned lands shall be
required to obtain permits or licenses from, or pay fees to, the State
of Washington or its political subdivisions in connection with the
harvesting or cutting of timber on such lands. Prior to the initiation
of harvesting or cutting of timber on privately owned lands over which
jurisdiction has been ceded to the United States, such operations shall
be registered with the Superintendent of Olympic National Park.
(3) Conflict with Federal laws. If the standards established from
time to time by or pursuant to the laws of the State of Washington,
specified in paragraphs (e) (1) and (2) of this section, are lower than
or conflict with any established by Federal laws or regulations
applicable to privately owned lands within Olympic National Park, the
latter shall prevail.
(f) Snowmobile use. (1) The use of snowmobiles is prohibited except
in areas and on routes designated by the superintendent by the posting
of appropriate signs or by marking on a map available at the office of
the superintendent, or both. The following routes have been designated
for snowmobile use within Olympic National Park:
(i) Staircase Road from the park boundary to the Staircase Ranger
Station.
(ii) Whiskey Bend Road from the function of the Elwha Road to the
Whiskey Bend trailhead.
(iii) Boulder Creek Road from Glines Canyon Dam to the end of the
road.
(iv) North Fork Quinault Road from the end of the plowed portion to
the North Fork Ranger Station.
(v) South Shore Road from the end of the plowed portion to the
Graves Creek Ranger Station.
(2) [Reserved]
[24 FR 11045, Dec. 30, 1959, as amended at 34 FR 5844, Mar. 28, 1969; 34
FR 6331, Apr. 10, 1969; 35 FR 10359, June 25, 1970; 35 FR 14133, Sept.
5, 1970; 46 FR 37896, July 23, 1981; 47 FR 54930, Dec. 7, 1982; 48 FR
1488, Jan. 13, 1983; 48 FR 30295, June 30, 1983]
Sec. 7.29 Gateway National Recreation Area.
(a) Operation of motor vehicles. The operation of motor vehicles,
other than authorized emergency vehicles, is prohibited outside of
established public roads and parking areas, except on beaches and
oversand routes designated by the Superintendent by the posting of
appropriate signs and identified on maps available at the office of the
Superintendent. These beaches and routes will be designated after
consideration
[[Page 116]]
of the criteria contained in sections 3 and 4 of E.O. 11644, (37 FR
2877) and Sec. 4.10(b) of this chapter.
(b) Off-road vehicle operation. (1) Operation of motor vehicles,
(including the various forms of vehicles used for travel oversand, such
as but not limited to, ``beach buggies'') on beaches or on designated
oversand routes without a permit from the Superintendent is prohibited.
Before a permit will be issued, each vehicle will be inspected to assure
that it contains the following equipment which must be carried in the
vehicle at all times while on the beaches or on the designated oversand
routes:
(i) Shovel;
(ii) Jack;
(iii) Tow rope or chain;
(iv) Board or similar support;
(v) Low pressure tire gauge.
Prior to the issuance of such permits, operators must show compliance
with Federal and State regulations and applicable to licensing,
registering, inspecting, and insuring of such vehicles. Such permits
shall be affixed to the vehicles as instructed at the time of issuance.
(2) Driving off designated, marked oversand routes or beaches is
prohibited.
(3) Vehicles shall not be parked in designated oversand routes or
interfere with moving traffic.
(4) When the process of freeing a vehicle which has been stuck
results in ruts or holes, the ruts or holes shall be filled by the
operator of such vehicle before it is removed from that area.
(5) The operation of a motorcycle on an oversand vehicle route or
beach is prohibited.
(6) The Superintendent may establish limits on the number of
oversand vehicles permitted on designated oversand routes and beaches
when such limitations are necessary in the interest of public safety,
protection of the ecological and environmental values of the area,
coordination with other visitor uses.
(c) Public lewdness. Section 245.00 of the New York Penal Code is
hereby adopted and incorporated into the regulations of this part.
Section 245.00 provides that:
A person is guilty of public lewdness when he intentionally exposes
the private and intimate parts of his body in a lewd manner or commits
any other lewd act (a) in a public place, or (b) in private premises
under circumstances in which he may readily be observed from either a
public place or from other private premises, and with intent that he be
so observed.
[41 FR 19220, May 11, 1976, as amended at 44 FR 44157, July 27, 1979; 52
FR 10686, Apr. 2, 1987]
Sec. 7.30 Devils Tower National Monument.
(a) Climbing. Registration with a park ranger is required prior to
any climbing above the talus slopes on Devils Tower. The registrant is
also required to sign in immediately upon completion of a climb in a
manner specified by the registering ranger.
[42 FR 20462, Apr. 20, 1977]
Sec. 7.31 Perry's Victory and International Peace Memorial.
Snowmobiles. After consideration of existing special situations,
i.e., depth of snow, and depending on local weather conditions, the
superintendent may permit the use of snowmobiles on that portion of land
situated between State Route 357 and the seawall which designates the
north boundary of the Memorial. This route will extend from the extreme
northeast corner of the boundary to the middle of the intersection of
State Route 357 and Toledo Avenue.
[47 FR 55392, Dec. 9, 1982]
Sec. 7.32 Pictured Rocks National Lakeshore.
(a) Snowmobiles. (1) Snowmobiles are allowed on the following routes
and water surfaces within Pictured Rocks National Lakeshore:
(i) The Sand Point Road from the park boundary to Lake Superior.
(ii) The woodlands road from the park boundary off City Limits Road
southwest to Becker Farm and down to the Sand Point Road.
(iii) The road to Miner's Falls, Miner's Castle parking area, and
the Miner's Beach parking area.
(iv) The road from the park boundary in section 32, T48N, R17W, to
the end of the road to Chapel Falls.
(v) The road from County Road H-58 at the park boundary to the
Little Beaver Lake Campground.
[[Page 117]]
(vi) The road from County Road H-58 to the Twelvemile Beach
Campground.
(vii) The road from County Road H-58 to the Hurricane River
Campground.
(viii) The road from County Road H-58 to the Log Slide parking area.
(ix) The section of Michigan Dimension Road from the park boundary
to the Log Slide parking area.
(x) The South Grand Sable Lake Road, starting at Towes Creek (T49N,
R14W, Sections 14 and 23), heading south in and out of the fee zone
area.
(xi) Portions of County Road H-58 that are within park boundaries
between Twelvemile Beach and Log Slide scenic overlook (T49N, R15W,
Sections 9, 10, 11, 13, 14, and 16 and T49, 14W, Section 18).
(xii) Portions of County Road H-58 that are within park boundaries
between Log Slide Scenic Overlook and the Grand Sable Visitor Center
(T49N, R14W, Sections 10, 11, 15, 16, and 17).
(xiii) County Road H-58 between Grand Sable Visitor Center to the
eastern extent of the park boundary (T49N, R14W, Sections 1, 11, and
12).
(xiv) Portions of Lowder Road that are within park boundaries from
M77 to Grand Sable Lake Boat Ramp (T48N, R16W, Sections 21 and 29).
(xv) Portions of Beaver Basin Overlook Road from County Road H-58 to
the Beaver Basin Overlook (T49N, R14W, Sections 11, and 12).
(xvi) The frozen water surfaces of Lake Superior and Grand Sable
Lake.
(2) Maps showing designated routes shall be available at park
headquarters and at ranger stations.
(3) Snowmobile use outside designated routes and frozen water
surfaces is prohibited. Snowmobiles are restricted to the road shoulders
of routes that are plowed. The prohibitions in this paragraph do not
apply to emergency administrative travel by employees of the National
Park Service or law enforcement agencies.
(4) The Superintendent may open or close these routes and water
surfaces, or portions thereof, to snowmobile travel after taking into
consideration the location of wintering wildlife, appropriate snow
cover, public safety, and other factors. The Superintendent will provide
notice of such opening or closing by one or more of the methods listed
in Sec. 1.7(a) of this chapter.
(b) Fishing. Unless otherwise designated, fishing in a manner
authorized under applicable State law is allowed.
(c) Hunting. The following lakeshore areas are closed to hunting:
(1) Sand Point area. All that portion of Sand Point described as the
area below the top of the bluff in Sections 19 and 30, T47N, R18W, and
that area situated within the corporate limits of the City of Munising,
including the Sand Point Road.
(2) Developed public use areas. (i) The area within 150 yards of any
campsite located within the Little Beaver, Twelvemile Beach, and
Hurricane River Campgrounds.
(ii) The area within 150 yards of the Miners Castle overlooks, paved
walkways and vehicle parking lot. Also 100 feet from the centerline of
the paved Miners Castle Road and the area within 100 feet of Miners
Falls parking lot, trail and associated platforms.
(iii) The area within 100 feet of: the Chapel Falls parking lot; the
Little Beaver backpacker parking lot; the Twelvemile Beach picnic area
parking lot; the Log Slide parking lot, platforms and walkways; the
Grand Sable Lake picnic area and parking lot; the Grand Sable Lake boat
launch and parking lot; the Grand Sable Lake overlook parking lot.
(iv) The area within 150 yards of any structure at the Au Sable
Light Station, and within 100 feet of the trail between the lower
Hurricane River Campground and the light station.
(v) The area within 150 yards of the Sable Falls parking lot and
building, including the viewing platforms and associated walkway system
to the mouth of Sable Creek. Also included is the area 100 feet from the
centerline of the paved Sable Falls Road.
(vi) The area within 150 yards of: the Grand Sable Visitor Center
parking lot and barn; the structures comprising the Grand Marais
quarters and maintenance facility.
(vii) The 8.6 acre tract comprising structures and lands
administered by the National Park Service on Coast Guard Point in Grand
Marais.
[[Page 118]]
(3) Hunting season. Hunting is prohibited park wide during the
period of April 1 through Labor Day.
(d) Personal Watercraft (PWC). (1) PWC are allowed on the waters
within Pictured Rocks National Lakeshore, from the western boundary of
the lakeshore to the east end of Miners Beach.
(2) PWC may be launched only from a designated launch site at Sand
Point.
(3) PWC users may beach their craft only at Sand Point Beach and
Miners Beach.
(4) The Superintendent may temporarily limit, restrict, or terminate
access to the areas designated for PWC use after taking into
consideration public health and safety, natural and cultural resource
protection, and other management activities and objectives.
[47 FR 54932, Dec. 7, 1982, as amended at 49 FR 18450, Apr. 30, 1984; 60
FR 47703, Sept. 14, 1995; 70 FR 61905, Oct. 27, 2005; 87 FR 5405, Feb.
1, 2022]
Sec. 7.33 Voyageurs National Park.
(a) Fishing. Unless otherwise designated, fishing in a manner
authorized under applicable State law is allowed.
(b) Snowmobiles. (1) The following lakes and trails within Voyageurs
National Park are open to snowmobile use:
(i) The frozen waters of Rainy, Kabetogama, Namakan, Mukooda, Little
Trout and Sand Point Lakes.
(ii) The Moose River Railroad Grade from the park boundary north to
Ash River, and then east to Moose Bay, Namakan Lake.
(iii) The portage trail between Grassy Bay and Little Trout Lake.
(iv) The Chain of Lakes Trail from its intersection with the Black
Bay to Moose Bay portage, across Locator, War Club, Quill, Loiten, and
Shoepack Lakes, to Kabetogama Lake.
(2) Snowmobile use is allowed across the following marked safety
portages: Black Bay to Moose Bay, Lost Bay to Saginaw Bay, Laurins Bay
to Kettle Falls, Squirrel Narrows, Squaw Narrows, Grassy Bay, Namakan
Narrows, Swansons Bay, Mukooda Lake to Sand Point Lake (north), Mukooda
Lake to Sand Point Lake (south), Mukooda Lake to Crane Lake, Tar Point,
Kohler Bay, and Sullivan Bay to Kabetogama Lake.
(3) The Superintendent may determine yearly opening and closing
dates for snowmobile use, and temporarily close trails or lake surfaces,
taking into consideration public safety, wildlife management, weather,
and park management objectives.
(4) Maps showing the designated routes are available at park
headquarters and at ranger stations.
(5) Snowmobile use outside open designated routes and lake surfaces
is prohibited.
(c) Aircraft. (1) Aircraft may be operated on the entire water
surface and frozen lake surface of the following lakes, except as
restricted in paragrah (c)(4) of this section and Sec. 2.17 of this
chapter: Rainy, Kabetogama, Namakan, Sand Point, Locator, War Club,
Quill, Loiten, Shoepack, Little Trout and Mukooda.
(2) Approaches, landings and take-offs shall not be made within 500
feet of any developed facility, boat dock, float, pier, ramp or beach.
(3) Aircraft may taxi to and from a dock or ramp designated for
their use for the purpose of mooring and must be operated with due care
and regard for persons and property and in accordance with any posted
signs or waterway markers.
(4) Areas within the designated lakes may be closed to aircraft use
by the Superintendent taking into consideration public safety, wildlife
management, weather and park management objectives.
[49 FR 18450, Apr. 30, 1984, as amended at 56 FR 3421, Jan. 30, 1991; 60
FR 39258, Aug. 2, 1995]
Sec. 7.34 Blue Ridge Parkway.
(a) Snowmobiles. After consideration of any special situations, i.e.
prescheduled or planned park activities such as conducted hikes or
winter bird and wildlife counts, and depending on local weather
conditions, the Superintendent may allow the use of snowmobiles on the
paved motor road and overlooks used by motor vehicle traffic during
other seasons between U.S. 220, Milepost 121.4 and Adney Gap, Milepost
136.0. The public will be notified of openings through the posting of
signs.
[[Page 119]]
(b) Fishing. (1) Fishing is prohibited from one-half hour after
sunset until one-half hour before sunrise.
(2) Fishing from the dam at Price Lake or from the footbridge in
Price Lake picnic area in Watauga County, N.C., and from the James River
Parkway Bridge in Bedford and Amherst Counties, Va., is prohibited.
(3) The following waters are subject to the restrictions indicated:
(i) North Carolina. Basin Creek and its tributaries in Doughton
Park; Trout Lake in Moses H. Cone Memorial Park; Ash Bear Pen Pond,
Boone Fork River, Cold Prong Branch, Laurel Creek, Sims Creek, Sims Pond
in Julian Price Memorial Park, and Camp Creek.
(A) On all of the above-designated waters in North Carolina the use
of bait other than artificial lures having a single hook is prohibited,
except that on Basin Creek and its tributaries and Boone Fork River from
Price Lake Dam downstream to the Parkway boundary the use of bait other
than single hook artificial flies is prohibited.
(B) On all of the above-designated waters in North Carolina the
daily creel and size limits shall be posted around the lake shorelines
and along the stream banks.
(ii) Virginia. Peaks of Otter Lake in Bedford County, Va.
(A) On the above-designated water in Virginia the use of bait other
than artificial lures having one single hook is prohibited.
(B) On the above-designated water in Virginia the daily creel and
size limits shall be as posted on the lake shoreline.
(4) Prohibited bait in waters in paragraphs (b)(3) (i) and (ii) of
this section: Possession of or use as bait of insects, worms, and other
similar organic bait or parts thereof adjacent to, on, or in streams or
lakes while in possession of fishing tackle, is prohibited.
(c) Powerless flight. The use of devices designed to carry persons
through the air in powerless flight is allowed at times and locations
designated by the superintendent, pursuant to the terms and conditions
of a permit.
(d) Boating. (1) The use of any vessel, as defined in Sec. 3.1 of
this chapter on the waters of the Blue Ridge Parkway is prohibited
except on the waters of Price Lake.
(2) Vessels using Price Lake shall be restricted to vessels
propelled solely by oars or paddles.
(3) Vessels using Price Lake may be launched only at established or
designated ramps and shall be removed from the water for the night.
Campers shall remove their vessels from the water to their campsites at
night.
[24 FR 11032, Dec. 30, 1959, as amended at 34 FR 11969, July 16, 1969;
36 FR 20945, Nov. 2, 1971; 37 FR 20247, Sept. 28, 1972; 42 FR 61042,
Dec. 1, 1977; 46 FR 39818, Aug. 5, 1981; 48 FR 30295, June 30, 1983; 49
FR 18450, Apr. 30, 1984; 52 FR 10686, Apr. 2, 1987; 52 FR 20388, June 1,
1987]
Sec. 7.35 Buffalo National River.
(a) Fishing. (1) Unless otherwise designated by the Superintendent,
fishing in a manner authorized under applicable State law is allowed.
(2) The Superintendent may designate times when and locations where
and establish conditions under which the digging of bait for personal
use is allowed.
(3) The Superintendent may designate times when and locations where
and establish conditions under which the collection of terrestrial and
aquatic insects for bait for personal use is allowed.
(4) Violating a designation or condition established by the
Superintendent is prohibited.
(b) Frogs, Turtles and Crayfish. (1) The Superintendent may
designate times and locations and establish conditions governing the
taking of frogs, turtles and crayfish for personal use.
(2) Violating a designation or condition established by the
Superintendent is prohibited.
(c) Motorized Vessels. (1) Except for a vessel propelled by a
gasoline, diesel or other internal combustion engine with a rating of 10
horsepower or less, operating a motorized vessel from Erbie Ford to the
White River is prohibited.
(2) Operating a vessel propelled by a motor is prohibited above
Erbie Ford.
(3) The provisions of paragraph (c) do not apply to a vessel
operated for official use by an agency of the United
[[Page 120]]
States, the State of Arkansas or one of its political subdivisions.
[52 FR 19343, May 22, 1987]
Sec. 7.36 Mammoth Cave National Park.
(a) Fishing--(1) General. Trot and throw lines shall contain hooks
which are spaced at least 30 inches apart.
(2) Seines. (i) The use of seines is permitted only in the following
runs and creeks to catch minnows and crawfish for bait: Bylew, First,
Second, Pine, Big Hollow, Buffalo, Ugly, Cub, Blowing Spring, Floating
Mill Branch, Dry Branch, and Mill Branch.
(ii) Seines shall not exceed 4 x 6 feet and the mesh shall not be
larger than one-quarter inch.
(3) Live bait. (i) Worms are the only form of live bait which may be
used in the Sloans Crossing Pond (also known as Beaver Pond), Green
Pond, Doyle Pond, and First Creek Lake. Live minnows and worms may be
used in all other waters.
(ii) [Reserved]
(b)(1) Cave entry. Except for those portions of the caves open to
the general public, no person shall enter any cave within the boundaries
of the park without first obtaining a permit from the Superintendent.
Permits will be issued to persons who are qualified and experienced in
cave exploration, who possess the needed equipment for safe entry and
travel, and who are engaged in scientific research projects which in the
opinion of the Superintendent are compatible with the purpose for which
the park was established.
(2) Persons on guided cave tours must stay on the established
designated trails and remain with the guides and tour group at all
times. Exploration of side passages, going ahead of the lead guide and
tour group or dropping behind the following guide or tour group is
prohibited.
(3) Persons on ``self-guided'' or ``semi-guided'' cave tours must
stay in the established, designated trails at all times. Exploration of
side passages or taking alternate routes is prohibited.
(c) Bicycles. (1) The following trails are designated as routes open
to bicycle use:
(i) Connector Trail from the Big Hollow Trailhead to the Maple
Springs Trailhead;
(ii) Big Hollow Trail;
(iii) Mammoth Cave Railroad Bike & Hike Trail; and
(iv) White Oak Trail.
(2) The following are prohibited:
(i) Possessing a bicycle on routes or trails not designated as open
to bicycle use;
(ii) Unless posted otherwise, operating a bicycle in excess of 15
miles per hour on designated routes; and
(iii) Failing to yield the right of way to horses or hikers.
(3) The Superintendent may open or close designated bicycle routes,
or portions thereof, or impose conditions or restrictions for bicycle
use after taking into consideration public health and safety, natural
and cultural resource protection, and other management activities and
objectives.
(i) The Superintendent will provide public notice of all such
actions through one or more of the methods listed in Sec. 1.7 of this
chapter.
(ii) Violating a closure, condition, or restriction is prohibited.
[36 FR 506, Jan. 14, 1971, as amended at 42 FR 31454, June 21, 1977; 48
FR 30295, June 30, 1983; 77 FR 56123, Sept. 12, 2012]
Sec. 7.37 Jean Lafitte National Historical Park.
(a) Fishing. (1) Unless otherwise designated, fishing in a manner
authorized under applicable State law is allowed.
(2) Within the Barataria Marsh unit, the superintendent may
designate times and locations and establish conditions governing the
taking of crayfish upon a written determination that the taking of
crayfish:
(i) Is consistent with the purposes for which the unit was
established; and
(ii) Will not be detrimental to other park wildlife or the
reproductive potential of the species to be taken; and
(iii) Will not have an adverse effect on the ecosystem.
(3) Violation of established conditions or designations for the
taking of crayfish is prohibited.
[49 FR 18450, Apr. 30, 1984]
Sec. 7.38 Isle Royale National Park.
(a) Aircraft, designated landing areas. (1) The portion of Tobin
Harbor located in the NE\1/4\ of sec. 4, T. 66 N., R. 33 W.; the SE\1/4\
of sec. 33, T. 67N., R. 33 W.,
[[Page 121]]
and the SW\1/4\ of sec. 34, T. 67 N., R. 33 W.
(2) The portion of Rock Harbor located in the SE\1/4\ of sec. 13,
the N\1/2\ of sec. 24, T. 66 N., R. 34 W., and the W\1/2\ of sec. 18, T.
66 N., R. 33 W.
(3) The portion of Washington Harbor located in the N\1/2\ of sec.
32, all of sec. 29, SE\1/4\ of sec. 30, and the E\1/2\ of sec. 31, T. 64
N., R. 38 W.
(b) Underwater diving. No person shall undertake diving in the
waters of Isle Royale National Park with the aid of underwater breathing
apparatus without first registering with the Superintendent.
(c) Mammals. Dogs, cats, and other mammals may not be brought into
or possessed in the park area, except for guide dogs accompanying the
blind.
[35 FR 7793, May 21, 1970, as amended at 42 FR 21777, Apr. 29, 1977]
Sec. 7.39 Mesa Verde National Park.
(a) Visiting of cliff dwellings is prohibited except when persons
are accompanied by a uniformed National Park Service employee. However,
the Superintendent may issue special written permits to persons engaged
in scientific investigations authorizing such persons to visit the cliff
dwellings without escort. The Superintendent shall approve issuance of a
permit provided:
(1) That the investigation plan proposed, in purpose and in
execution, is compatible with the purposes for which the park was
established;
(2) That the investigation proposed will not jeopardize the
preservation of park resources;
(3) That the study undertaken will have demonstrable value to the
National Park Service in its management or understanding of park
resources; and
(4) That the permit applicants are adequately experienced and
equipped so as to insure that the objectives of paragraphs (a) (1), (2),
and (3) of this section will be obtained.
(b) Hiking is permitted only on trails designated for that purpose
by the Superintendent by the posting of appropriate signs or by marking
on a map which shall be available for inspection by the public at park
headquarters and other convenient locations within the park. Persons
hiking on the Pictograph Point or Spruce Canyon Trails must register in
advance with the Superintendent.
(c) Commercial automobiles and buses. The prohibition against the
admission of commercial automobiles and buses to Mesa Verde National
Park, contained in Sec. 5.4 of this chapter shall be subject to the
following exceptions: Motor vehicles operated on an infrequent and
nonscheduled tour on which the visit to the park is an incident to such
tour, carrying only round trip passengers traveling from the point of
origin of the tour, will be accorded admission to the park upon
establishing to the satisfaction of the Superintendent that the tour
originated from such place and in such manner as not to provide, in
effect, a regular and duplicating service conflicting with, or in
competition with, the services provided for the public pursuant to
contract authorization with the Secretary.
[24 FR 11049, Dec. 30, 1959, as amended at 37 FR 23334, Nov. 2, 1972]
Sec. 7.40 Hopewell Village National Historic Site.
(a) Fishing. (1) Fishing between sunset and sunrise is prohibited.
[24 FR 11049, Dec. 30, 1959, as amended at 33 FR 3227, Feb. 21, 1968]
Sec. 7.41 Big Bend National Park.
(a) Fishing; closed waters. Special ponds and springs reserved for
species of rare fish are closed to fishing and bait collecting. The
taking or release of any form of fish life in these ponds or springs is
prohibited except by special authorization by the Superintendent. These
ponds and springs will be posted as closed to fishing and bait
collecting and molestation.
(b) Fishing; method. (1) Fishing with pole and line, rod and reel,
and trot and throw line is permitted all year from the United States
side of the Rio Grande.
(2) Use of seine. The use of seines and nets is prohibited except
minnow seines no greater than 20 feet in length may be used for taking
of minnows for bait.
[[Page 122]]
(c) Fishing; limit of catch. The limit of catch per person per day
or in possession shall be 25 fish, except that minnows caught for bait
shall not be accountable for the purpose of this section.
[24 FR 11049, Dec. 30, 1959, as amended at 27 FR 8616, Aug. 29, 1962; 52
FR 10686, Apr. 2, 1987]
Sec. 7.42 Pipestone National Monument.
(a) An American Indian desiring to quarry and work ``catlinite''
pipestone shall first secure a permit from the Superintendent. The
Superintendent shall issue a permit to any American Indian applicant,
Provided, that: (1) In the judgment of the Superintendent, the number of
permittees then quarrying or working the pipestone is not so large as to
be inconsistent with preservation of the deposit and (2) a suitable area
is available for conduct of the operation. The permit shall be issued
without charge and shall be valid only during the calendar year in which
it is issued.
(b) An American Indian desiring to sell handicraft products produced
by him, members of his family, or by other Indians under his supervision
or under contract to him, including pipestone articles, shall apply to
the Superintendent. The Superintendent shall grant the permit provided
that (1) in his judgment the number of permittees selling handicraft
products is not so large as to be inconsistent with the enjoyment of
visitors to the Pipestone National Monument and (2) a suitable area is
available for conduct of the operation. The permit shall be issued
without charge and shall be valid only during the calendar year in which
it is issued.
[34 FR 5377, Mar. 19, 1969]
Sec. 7.43 Natchez Trace Parkway.
(a)-(b) [Reserved]
(c) Vehicles--(1) Trucks. Trucks over one ton rated capacity are not
permitted on the parkway. Trucks, not exceeding one ton rated capacity,
are permitted to travel on the Natchez Trace Parkway when used solely
for transportation of persons, their baggage, camping equipment and
related articles for recreational purposes only. Trucks used for the
purpose of hauling non-recreational materials are not permitted.
(2) Animal-drawn vehicles. Animal-drawn vehicles or implements are
prohibited on the main parkway road.
(3) Farm vehicles. Farm vehicles, including agricultural implements,
with or without load carrying capacity, and whether or not self-
propelled, are prohibited on the parkway, except when such travel is
authorized by the Superintendent or when such travel is in connection
with the construction, operation, or maintenance of the parkway.
(4) Recreational vehicles. Recreational vehicles, including but not
limited to self-propelled mobile homes, campers, housetrailers, and
vehicles up to 1\1/2\ ton rated capacity, when such recreational
vehicles are used solely to carry persons for recreational purposes
together with their baggage, camping equipment, and related articles for
vacation or recreational purposes, are permitted on the parkway.
(5) Trailers. Trailers are permitted when used non-commercially to
transport baggage, camping equipment, horses for recreational riding,
small boats and other similar items used for vacation or recreational
purposes, provided they meet the following criteria:
(i) Utility type trailers must be enclosed or covered and are not to
exceed 5 feet by 8 feet.
(ii) Trailers must be equipped with red taillights, red stoplights
and mechanical turn signals. Clearance lights are required on trailers
over 6 feet high.
(iii) Only one trailer of any type may be towed by any one vehicle
along the parkway. The towing vehicle and trailer must not exceed 55
feet in length.
(6) Buses. Commercial passenger carrying buses, when used for
touring purposes, may travel the Natchez Trace Parkway by obtaining
special written permission in advance from the Superintendent or his
representative. School buses may travel on the parkway without such
written permission when transporting people for special recreational or
educational purposes.
(7) Towed vehicles other than trailers. Such vehicles must be towed
with a rigid tow bar which does not require a
[[Page 123]]
driver for the towed vehicle. Tow bar must be equipped with safety
chains that are so connected to the towed and towing vehicles and to the
tow bar that, if the tow bar fails, it will not drop to the ground and
the chains shall be of sufficient strength to prevent breakaway of the
towed vehicle in the event of such tow bar failure. The towed vehicle
must be equipped with brakelights, taillights, and signal lights in
accordance with applicable State regulations. The towing vehicle and
towed vehicle must not exceed 55 feet in length.
(d) Beer and alcoholic beverages. The possession of beer or any
alcoholic beverage in an open or unsealed container is prohibited,
except in designated picnic, lodging, residence, and camping areas.
[34 FR 9751, June 24, 1969, as amended at 39 FR 30833, Aug. 26, 1974; 48
FR 30295, June 30, 1983; 52 FR 10686, Apr. 2, 1987]
Sec. 7.44 Canyonlands National Park.
(a) Motorized Vehicle Use. Motorized vehicles are prohibited in Salt
Creek Canyon above Peekaboo campsite.
(b) [Reserved]
[69 FR 32876, June 14, 2004]
Sec. 7.45 Everglades National Park.
(a) Information collection. The information collection requirements
contained in this section have been approved by the Office of Management
and Budget under 44 U.S.C. 3501 et.seq., and assigned clearance number
1024-0026. This information is being collected to solicit information
necessary for the Superintendent to issue permits used to grant
administrative benefits. The obligation to respond is required in order
to obtain a benefit.
(b) Prohibited conveyances. Only hand-propelled vessels may be
operated upon those areas of emergent vegetation commonly called
marshes, wetlands, or ``the glades.'' Operation of a motorized vessel in
such areas is prohibited.
(c) Definitions. The following definitions shall apply to this
section:
(1) Ballyhoo means a member of the genus Hemiramphus (family:
Exocoetidae).
(2) Cast net means a type of circular falling net, weighted on its
periphery, which is thrown and retrieved by hand.
(3) Commercial fishing means the activity of taking or harvesting,
or attempting to take or harvest any edible or non-edible form of fresh
or salt water aquatic life for the purpose of sale or barter.
(4) Dipnet means a hand-held device for obtaining bait, the netting
of which is fastened in a frame.
(5) Guide fishing means the activity, of a person, partnership,
firm, corporation, or other commercial entity to provide fishing
services, for hire, to visitors of the park.
(6) Minnow means a fish used for bait from the family
Cyprinodointidae, Poeciliidae, or Atherinidae.
(7) Mojarra or ``goats'' means a member of the family Gerreidae.
(8) Oyster means a mollusk of the suborder Ostraeaccea.
(9) Personal watercraft means a vessel powered by an outboard motor,
water-jet or an enclosed propeller or impeller system, where persons
ride standing, sitting or kneeling primarily on or behind the vessel, as
opposed to standing or sitting inside; these craft are sometimes
referred to by, but not limited to, such terms as ``wave runner,'' ``jet
ski,'' ``wet bike,'' or ``Sea-doo.''
(10) Pilchard means a member of the herring family (Clupeidae),
generally used for bait.
(11) Pinfish means a member of the genus Lagodon (family: Spiradae).
(d) Fishing. (1) Fishing restrictions, based on management
objectives described in the park's Resources Management Plan, are
established annually by the Superintendent.
(2) The Superintendent may impose closures and establish conditions
or restrictions, in accordance with procedures found at Sec. Sec. 1.5
and 1.7 of this chapter, on any activity pertaining to fishing,
including, but not limited to species of fish that may be taken, seasons
and hours during which fishing may take place, methods of taking, and
size, creel and possession limits.
(3) The following waters are closed to fishing:
(i) All waters of T. 58 S., R. 37 E., sections 10 through 15,
inclusive, measured from Tallahassee meridian and
[[Page 124]]
base, in the vicinity of Royal Palm Visitor Center, except Hole in the
Donut or Hidden Lake, and Pine Island Lake.
(ii) All waters in T.54 S., R. 36 E., sections 19, 30, and 31, and
in T. 55 S., R. 36 E., sections 6, 7, 18, 19, and 30, measured from
Tallahassee meridian and base, in the vicinity of Shark Valley Loop Road
from Tamiami Trail south.
(4) A person engaged in guide fishing must possess a guide fishing
permit issued by the Superintendent and administered under the terms of
Sec. 1.6 of this chapter. Guide fishing without a valid permit is
prohibited.
(5) Except for taking finfish, shrimp, bait, crabs, and oysters, as
provided in this section or as modified under 36 CFR 1.5, the taking,
possession, or disturbance of any fresh or saltwater aquatic life is
prohibited.
(6) Methods of taking. Except as provided in this section, only a
closely attended hook and line may be used for fishing activities within
the park.
(i) Crabbing for stone or blue crabs may be conducted using attended
gear only and no more than five (5) traps per person. Persons using
traps must remain within one hundred (100) feet of those traps.
Unattended gear or use of more than five (5) traps per person is
prohibited.
(ii) Shrimp, mullet, and bait fish (minnows, pilchards, pinfish,
mojarras, ballyhoo or bait mullet (less than eight (8) inches in total
length) may be taken with hook and line, dipnet (not exceeding 3 feet at
its widest point) or cast net, for use as bait or personal consumption.
(iii) A dipnet or cast net may not be dragged, trawled, or held
suspended in the water.
(7) Tagging, marking, fin clipping, mutilation or other disturbance
to a caught fish, prior to release is prohibited without written
authorization from the Superintendent.
(8) Fish may not be fileted while in the park, except that:
(i) Up to four (4) filets per person may be produced for immediate
cooking and consumption at designated campsites or on board vessels
equipped with cooking facilities.
(ii) Fish may be fileted while at the designated park fish cleaning
facilities, before transportation to their final destination.
(9) Nets and gear that are legal to use in State waters, and fish
and other edible or non-edible sea life that are legally acquired in
State waters but are illegal to possess in the waters of Everglades
National Park may be transported through the park only over Indian Key
Pass, Sand Fly Pass, Rabbit Key Pass, Chokoloskee Pass and across
Chokoloskee Bay, along the most direct route to or from Everglades City,
Chokoloskee Island or Fakahatchee Bay.
(i) Boats traveling through these passages with such nets, gear,
fish, or other edible products of the sea must remain in transit unless
disabled or weather and sea conditions combine to make safe passage
impossible, at which time the boats may be anchored to await assistance
or better conditions.
(ii) [Reserved]
(e) Boating. (1) The Superintendent may close an area to all
motorized vessels, or vessels with motors greater than a specified
horsepower, or impose other restrictions as necessary, in accordance
with Sec. Sec. 1.5 and 1.7 of this chapter.
(2) For purposes of this section, a vessel in which the motor(s) is
(are) removed from the gunnels or transom and stored to be inoperable,
is considered to be not motorized.
(3) The following areas are closed to all vessels:
(i) T. 54 S., R. 36 E., sections 19, 30, 31; T. 55 S., R. 36 E.,
sections 6, 7, 18, 19, and 30, bordering the Shark Valley Loop Road from
the Tamiami Trail south.
(ii) Eco Pond, Mrazek Pond, Royal Palm Ponds except for Hidden Lake,
Parachute Key ponds north of the Main Park Road, and Lake Chekika.
(4) The following inland fresh water areas are closed to the use of
motorized vessels: Coot Bay Pond, Nine Mile Pond, Paurotis Pond,
Sweetbay Pond, Big Ficus Pond, Sisal Pond, Pine Glade Lake, Long Pine
Key Lake, Tower Lake, Hidden Lake, Pine Island, and L-67 canal.
(5) The following coastal waters, designated by statute as
wilderness (Pub. L. 95-625), are closed to the use of motorized vessels:
Mud, Bear, East Fox,
[[Page 125]]
Middle Fox, Little Fox, and Gator Lakes; Homestead Canal; all associated
small lakes on Cape Sable inland from Lake Ingraham; Cuthbert, Henry,
Little Henry, Seven Palm, Middle, Monroe, Long, and the Lungs Lakes;
Alligator Creek from the shoreline of Garfield Bight to West Lake; all
inland creeks and lakes north of Long Sound, Joe Bay, and Little Madeira
Bay except those ponds and lakes associated with Taylor River.
(6) Except to effect a rescue, or unless otherwise officially
authorized, no person shall land on keys of Florida Bay except those
marked by signs denoting the area open, or on the mainland shorelines
from Terrapin Point eastward to U.S. Highway 1, including the shores of
all inland bays and waters and those shorelines contiguous with Long
Sound, Little Blackwater Sound, and Blackwater Sound.
(7) West Lake Pond and West Lake shall be closed to all vessels when
they are being used by feeding birds. At all other times, these areas
shall be open only to hand-propelled vessels or Class A motorboats
powered by motors not to exceed 6 horsepower.
(8) Vessels used as living quarters shall not remain in or be
operated in the waters of the Park for more than 14 days without a
permit issued by the Superintendent. Said permit will prescribe
anchorage location, length of stay, sanitary requirements and such other
conditions as considered necessary.
(f) Violation of any of the provisions of Sec. 7.45 is prohibited.
[59 FR 58785, Nov. 15, 1994; 60 FR 6022, Feb. 1, 1995, as amended at 72
FR 13706, Mar. 23, 2007]
Sec. 7.46 Virgin Islands Coral Reef National Monument.
(a) Extractive uses. (1) All extractive uses are prohibited within
the boundaries of the Monument, including, but not limited to, harvest
or collection of fish, coastal migratory pelagic fish, baitfish,
lobsters, conch, whelk, corals, sponges and all associated reef
invertebrates, and sand, water, plants, seeds, fruit, marine mammals,
marine birds, gas, minerals, and rocks.
(2) All submerged cultural resources are protected under the
Archeological Resource Protection Act and the Abandoned Shipwrecks Act.
(b) Exceptions. (1) Exceptions to prohibited extractive uses are
limited to bait fishing at Hurricane Hole and blue runner (hardnose)
line fishing in the area south of St. John. The Superintendent shall
issue permits for such uses.
(2) Bait fishing shall be permitted with cast net at a distance
greater than ten feet from the seaward edge of the mangrove prop root
system.
(3) A maximum of three gallons of baitfish is allowed per fisherman
per day.
(4) Blue runner shall be caught using hand lines and chum (a mixture
of ground up baitfish and sand to attract the fish).
(5) Any fish caught other than blue runner shall be released.
(6) Vessels involved in the catch of blue runner may use moorings
designated for that purpose.
(c) Marine Operations. No dredging, excavating, or filling
operations of any kind are permitted, and no equipment, structures, by-
product or excavated materials associated with such operations may be
deposited in or on the waters or ashore within the boundaries of the
monument.
(d) Wrecks. No person shall destroy or molest, remove, deface,
displace or tamper with wrecked or abandoned waterborne craft of any
type or condition, submerged cultural resources, or any cargo pertaining
thereto, unless permitted in writing by an authorized official of the
National Park Service.
(e) Boats. (1) No watercraft shall operate in such a manner, nor
shall anchors or any other mooring device be cast or dragged or placed,
so as to strike or otherwise cause damage to any underwater feature.
(2) All watercraft, carrying passengers, for hire, shall comply with
applicable regulations and laws of the U.S. Coast Guard and Territory of
the Virgin Islands.
(3) Anchoring will only be permitted in emergency situations to
protect life and property.
(4) Anchoring shall only be permitted from 48 hours prior to
landfall of the hurricane to 48 hours following passage of the
hurricane.
[[Page 126]]
(5) No lines or ropes shall be attached to mangroves or other
shoreline vegetation.
[68 FR 16435, Apr. 4, 2003]
Sec. 7.47 Carlsbad Caverns National Park.
(a) Cave entry. (1) With the exception of the regular trips into
Carlsbad Caverns under the guidance or supervision of employees of the
National Park Service, no person shall enter any cave or undeveloped
part or passage of any cave without a permit.
(2) Permits. The Superintendent may issue written permits for cave
entry without escort only to persons engaged in scientific or
educational investigations. The Superintendent shall approve issuance of
a permit provided:
(i) That the investigation planned will have demonstrable value to
the National Park Service in its management or understanding of park
resources, and
(ii) That the permit applicant is adequately equipped and
experienced so as to ensure the protection and preservation of park
resources.
(3) Solo exploration. Solo exploration or investigation is not
permitted in any cave or undeveloped part or passageway of any cave
within the park.
[34 FR 8356, May 30, 1969, as amended at 41 FR 24123, June 15, 1976; 48
FR 30295, June 30, 1983]
Sec. 7.48 Lake Mead National Recreation Area.
(a) Aircraft, designated airstrips. (1)(i) The entire water surface
of Lakes Mead and Mohave are designated landing areas, except as
restricted in Sec. 2.17 of this chapter.
(ii) Aircraft may not be operated under power on those water surface
areas designated as special anchorages, including fairways, as defined
in 33 CFR 110.127.
(2) Temple Bar landing strip, located at approximate latitude
36[deg]01[min] N., approximate longitude 114[deg]20[min] W.
(3) Pearce Ferry landing strip, located at approximate latitude
30[deg]04[min]37[sec] N., approximate longitude 114[deg]02[min]44[sec]
W.
(4) Echo Bay landing strip located at approximate latitude
36[deg]19[min] N., approximate longitude 114[deg]27[min] W.
(b) Powerless flight. The use of devices designed to carry persons
through the air in powerless flight is allowed except in harbors, swim
beaches, developed areas, and in other locations designated as closed to
this activity.
(c) Parking. Vehicles or boat trailers, or vehicle/boat trailer
combinations, may be left unattended for periods up to 7 days, when
parked in parking areas adjacent to designated boat launching sites,
without written permission obtained in advance from the superintendent.
Any vehicle or boat trailer or vehicle/boat trailer combination which is
left in parking areas adjacent to designated boat launching sites in
excess of 7 days without written permission obtained in advance from the
superintendent may be impounded by the superintendent.
(d) Fishing. Unless otherwise designated, fishing in a manner
authorized under applicable State law is allowed.
(e) The Superintendent may exempt motor vessels participating in a
regatta that has been authorized by permit issued by the Superintendent
from the noise level limitations imposed by Sec. 3.7 of this chapter.
(f) Personal Watercraft. (1) A person may launch and operate a
personal watercraft in park waters or beach a personal watercraft on
park lands, except in the following areas:
(i) In the designated Primitive area known as the Gypsum Beds, which
is described as Arizona T31N; R20W Portions of sections 2, 3, 10 and 11;
and
(ii) In the designated Primitive area known as the Virgin River,
which is described as Nevada T36N; R68E Portions of Sections 25, 26, 34,
35, 36; and
(iii) In the designated Primitive/Semiprimitive area in Black
Canyon, from the Willow Beach Harbor to Hoover Dam, prohibited from the
first Tuesday following Labor Day weekend through Friday of Memorial Day
weekend; and prohibited only on Sundays and Mondays from the Sunday of
Memorial Day weekend through the Monday of Labor Day weekend, which is
described as Nevada T22S; R65E Portions of Sections 32; T23S; R65E
Portions of Sections 5, 8, 17, 20, 21, 28, 29, 34; T23\1/2\S; R65E
Portions of Sections 34; T23S; R65E Portions of Sections 1, 2, and 12.
Arizona T30N; R23W Portions of Sections 3, 10, 15, 22, 27, 34; T29N;
R23W Portions of Sections 2, 12, 13; T29N;
[[Page 127]]
R22W Portions of Sections 18, 19, 20, 29; and
(iv) In the designated Semiprimitive area known as the Muddy River
Confluence with Lake Mead (Overton Wildlife Management Area), which is
described as Nevada T16S; R68E Portions of Sections 28, 29, 32, 33 and
34 and T17; R68E; and
(v) In the designated Semiprimitive area known as Grand Wash Bay,
which is described as Arizona T33N; R16W Portions of Sections 16, 17,
21, 22, 27, 28, 29, 33 and 34, and T32\1/2\ N; R16W Portions of Sections
32 and 33; and
(vi) In the designated Semiprimitive area known as Bonelli Bay,
which is described as Arizona T31N; R20W Portions of Sections 4, 5, 7,
8, 9, 16, 17, 18, 19, 20, 21, 29 and 30.
(2) A person may not operate a personal watercraft at a speed in
excess of flat wake speed within 200 feet of any beach occupied by
bathers, boats at the shoreline, or persons in the water or at the
shoreline.
(3) After December 31, 2012, no one may operate a personal
watercraft that does not meet the 2006 emission standards set by EPA for
the manufacturing of two-stroke engines. A person operating a personal
watercraft that meets the EPA 2006 emission standards through the use of
direct-injection two-stroke or four-stroke engines, or the equivalent
thereof, is not subject to this prohibition and will be allowed to
operate as described in this section.
(4) The Superintendent may limit, restrict, or terminate access to
the areas designated for PWC use after taking into consideration public
health and safety, natural and cultural resource protection, and other
management activities and objectives.
[32 FR 15751, Nov. 16, 1967, as amended at 34 FR 1950, Feb. 11, 1969; 34
FR 18857, Nov. 26, 1969; 36 FR 21881, Nov. 17, 1971; 38 FR 5245, Feb.
27, 1973; 49 FR 18450, Apr. 30, 1984; 53 FR 29681, Aug. 8, 1988; 68 FR
17306, Apr. 9, 2003; 72 FR 13706, Mar. 23, 2007; 80 FR 36476, June 25,
2015]
Sec. 7.49 Cape Lookout National Seashore.
(a) Personal watercraft (PWC) may be operated within Cape Lookout
National Seashore only under the following conditions:
(1) PWC must be operated at flat-wake speed;
(2) PWC must travel perpendicular to shore;
(3) PWC may only be operated within the seashore to access the
following sound side special use areas:
(i) North Core Banks:
------------------------------------------------------------------------
Access Location
------------------------------------------------------------------------
(A) Ocracoke Inlet....................... Wallace Channel dock to the
demarcation line in Ocracoke
Inlet near Milepost 1.
(B) Milepost 11B......................... Existing sound-side dock at
mile post 11B approximately
4 miles north of Long Point.
(C) Long Point........................... Ferry landing at the Long
Point Cabin area.
(D) Old Drum Inlet....................... Sound-side beach near
Milepost 19 (as designated
by signs), approximately \1/
2\ mile north of Old Drum
inlet (adjacent to the cross-
over route) encompassing
approximately 50 feet.
------------------------------------------------------------------------
(ii) South Core Banks:
------------------------------------------------------------------------
Access Location
------------------------------------------------------------------------
(A) New Drum Inlet....................... Sound-side beach near
Milepost 23 (as designated
by signs), approximately \1/
4\ mile long, beginning
approximately \1/2\ mile
south of New Drum Inlet.
(B) Great Island Access.................. Carly Dock at Great Island
Camp, near Milepost 30
(noted as Island South Core
Banks-Great Island on map).
------------------------------------------------------------------------
(iii) Cape Lookout:
------------------------------------------------------------------------
Access Location
------------------------------------------------------------------------
(A) Lighthouse Area North................ A zone 300 feet north of the
NPS dock at the lighthouse
ferry dock near Milepost 41.
(B) Lighthouse Area South................ Sound-side beach 100 feet
south of the ``summer
kitchen'' to 200 feet north
of the Cape Lookout
Environmental Education
Center Dock.
(C) Power Squadron Spit.................. Sound-side beach at Power
Squadron Spit across from
rock jetty to end of the
spit.
------------------------------------------------------------------------
(iv) Shackleford Banks:
------------------------------------------------------------------------
Access Location
------------------------------------------------------------------------
(A) West End Access...................... Sound-side beach from Whale
Creek west to Beaufort
Inlet, except the area
between the Wade Shores
toilet facility and the
passenger ferry dock.
------------------------------------------------------------------------
(b) The Superintendent may temporarily limit, restrict or terminate
access to the areas designated for PWC use after taking into
consideration public health and safety, natural and cultural resource
protection, and other management activities and objectives.
[71 FR 53031, Sept. 8, 2006]
[[Page 128]]
Sec. 7.50 Chickasaw Recreation Area.
(a) Fishing. Unless otherwise designated, fishing in a manner
authorized under applicable State law is allowed on Arbuckle Reservoir
and Veterans Lake.
(b) Personal watercraft (PWC). (1) PWC may operate on Lake of the
Arbuckles except in the following closed areas:
(i) The Goddard Youth Camp Cove.
(ii) A 150 foot wide zone around the picnic area at the end of
Highway 110 known as ``The Point'', beginning at the buoy line on the
north side of the picnic area and extending south and east into the cove
to the east of the picnic area.
(iii) The cove located directly north of the north branch of F Loop
Road.
(iv) A 150 foot wide zone around the Buckhorn Campground D Loop
shoreline.
(2) PWC may not be operated at greater than flat wake speed in the
following locations:
(i) The Guy Sandy arm north of the east/west buoy line located near
Masters Pond.
(ii) The Guy Sandy Cove west of the buoy marking the entrance to the
cove.
(iii) Rock Creek north of the east/west buoy line at approximately
034[deg]27[min]50[sec] North Latitude.
(iv) The Buckhorn Ramp bay, east of the north south line drawn from
the Buckhorn Boat Ramp Breakwater Dam.
(v) A 150 foot wide zone along the north shore of the Buckhorn Creek
arm starting at the north end of the Buckhorn Boat Ramp Breakwater Dam
and continuing southeast to the Buckhorn Campground D Loop beach.
(vi) The cove south and east of Buckhorn Campground C and D Loops.
(vii) The cove located east of Buckhorn Campground B Loop and
adjacent to Buckhorn Campground A Loop.
(viii) The second cove east of Buckhorn Campground B Loop, fed by a
creek identified as Dry Branch.
(ix) Buckhorn Creek east of the east/west buoy line located at
approximately 096[deg]59[min]3.50[sec] Longitude, known as the G Road
Cliffs area.
(x) Within 150 feet of all persons, docks, boat launch ramps,
vessels at anchor, vessels from which people are fishing, and shoreline
areas near campgrounds.
(3) PWC may only be launched from the following boat ramps:
(i) Buckhorn boat ramp.
(ii) The Point boat ramp.
(iii) Guy Sandy boat ramp.
(iv) Upper Guy Sandy boat ramp.
(4) The fueling of PWC is prohibited on the water surface. Fueling
is allowed only while the PWC is away from the water surface and on a
trailer.
(5) The Superintendent may temporarily limit, restrict or terminate
access to the areas designated for PWC use after taking into
consideration public health and safety, natural and cultural resource
protection, and other management activities and objectives.
[49 FR 18451, Apr. 30, 1984, as amended at 69 FR 53640, Sept. 2, 2004]
Sec. 7.51 Curecanti National Recreation Area.
(a) Hunting. Hunting is allowed at times and locations designated as
open for hunting.
(b) Trapping. Trapping is allowed at times and locations designated
as open for trapping.
(c) Snowmobiles. Operating a snowmobile is allowed within the
boundaries of Curecanti National Recreation Area under the following
conditions:
(1) That the operators and machines conform to the laws and
regulations governing the use of snowmobiles as stated in this chapter
and those applicable to snowmobile use promulgated by the State of
Colorado where they prove to be more stringent or restrictive than those
of the Department of the Interior.
(2) Designated water surface and routes. Snowmobile use is confined
to the following water surface and routes:
(i) The frozen surface of Blue Mesa Reservoir; and
(ii) Lake Fork Visitor Center access point, McIntyre Gulch access
point, Sapinero Beach access point, Dillon Pinnacles access point,
Windsurf Beach access point, Elk Creek Marina, Dry Creek access point,
North Willow access point, Old Stevens access point, Iola access point,
Willow Creek access point, and the most direct route from each of these
access points to the frozen surface of Blue Mesa Reservoir.
[[Page 129]]
(3) Identification of designated water surface and routes. The
designated water surface and routes are identified on maps available at
the office of the Superintendent, Elk Creek Visitor Center, Lake Fork
Visitor Center, Cimarron Visitor Center, and on the recreation area Web
site.
(4) Snowmobile requirements. Snowmobiles are limited to a maximum of
1200 pounds gross vehicle weight (GVW), including cargo but excluding
the weight of the driver and any passenger.
(d) Personal Watercraft (PWC). PWC may operate within Curecanti
National Recreation Area in the following designated areas and under the
following conditions:
(1) PWC may operate and land on Blue Mesa Reservoir between Beaver
Creek and Blue Mesa dam, except that PWC may not operate in the buoyed
barricaded section in the vicinity of the dam.
(2) PWC must operate at ``flat wake'' speeds within Blue Mesa
Reservoir in the following areas upstream of designated buoys:
(i) Soap Creek arm at approximate longitude 107[deg]8[min]9[sec] N
latitude 38[deg]30[min]16[sec] W.
(ii) West Elk arm at approximate longitude 107[deg]16[min]45[sec] N
latitude 38[deg]29[min]43[sec] W.
(iii) Cebolla arm at approximate longitude 107[deg]12[min]16[sec] N
latitude 38[deg]27[min]37[sec] W.
(iv) Lake Fork arm at approximate longitude 107[deg]18[min]19[sec] N
latitude 38[deg]27[min]2[sec] W.
(3) PWC must operate at ``flat wake'' speeds in the following areas:
(i) Within 100[foot] of shoreline inside Dry Creek cove.
(ii) Within 500[foot] of shoreline along old highway 50 and Bay of
Chickens.
(iii) Within the buoyed area around Elk Creek and Lake Fork marinas.
(iv) Within the buoyed area at Iola, Stevens Creek, and Ponderosa
boat launch.
(v) From Lake city bridge east to Beaver Creek.
(vi) Within 100[foot] of shoreline adjacent to Stevens Creek
campground.
(4) PWC may only be launched from designated boat launch sites.
(e) Off-road motor vehicle use. Operating a motor vehicle is allowed
within the boundaries of Curecanti National Recreation Area off park
roads under the following conditions:
(1) Designated routes and areas. Motor vehicle use off park roads is
confined to the following routes and areas:
(i) Via the access points and routes listed in paragraph (c)(2)(ii)
of this section, directly to the frozen surface of Blue Mesa Reservoir;
(ii) A maximum area of approximately 958 acres of the exposed lake
bottom of Blue Mesa Reservoir between the high-water mark and the water
of the reservoir; and
(iii) Posted designated access routes through the recreation area
described and selected in the Curecanti Motor Vehicle Access Plan/
Finding of No Significant Impact dated July 10, 2012.
(2) Identification of designated routes and areas. These routes and
areas are identified on Maps 6a and 6b, dated January 1, 2011, which are
available at the office of the Superintendent, Elk Creek Visitor Center,
Lake Fork Visitor Center, Cimarron Visitor Center, and on the recreation
area Web site.
(3) Vehicle requirements. Motor vehicles operating off park roads
must meet the following requirements:
(i) Wheelbase width must not exceed 8 feet, 6 inches.
(ii) Maximum gross vehicle weight for motor vehicle use on the
frozen surface of Blue Mesa Reservoir is 1800 pounds GVW, including
cargo but excluding the weight of the driver and any passenger. This
restricts vehicle use on the frozen surface to all-terrain and utility
task type vehicles.
(4) Speed limits. Unless otherwise posted, motor vehicles may not
exceed 15 miles per hour on designated off-road routes and areas.
(f) Superintendent's authority. The Superintendent may open or close
designated routes, water surfaces, access points, or areas open to
snowmobile, PWC, or off-road motor vehicle use, or portions thereof, or
impose conditions or restrictions for snowmobile, PWC, or off-road motor
vehicle use after taking into consideration public health and safety,
natural and cultural resource protection, and other management
activities and objectives.
(1) The Superintendent will provide public notice of all such
actions
[[Page 130]]
through one or more of the methods listed in Sec. 1.7 of this chapter.
(2) Violating a closure, condition or restriction is prohibited.
[49 FR 18451, Apr. 30, 1984, as amended at 49 FR 34480, Aug. 31, 1984;
71 FR 55119, Sept. 21, 2006; 78 FR 72031, Dec. 2, 2013]
Sec. 7.52 Cedar Breaks National Monument.
(a) Snowmobiles. (1) During periods when snow depth prevents regular
vehicular travel in the Monument, snowmobiling will be permitted on the
main Monument road and parking areas from the south boundary to the
north boundary and on the Panguitch Lake road from its junction with the
main Monument road east to the east park boundary. In addition, the
paved walkway from the Visitor Center parking lot to the Point Supreme
overlook is also open for snowmobile travel.
(2) On roads designated for snowmobile use, only that portion of the
road or parking area intended for other motor vehicle use may be used by
snowmobile. Such roadway is available for snowmobile use only when the
designated road or parking area is closed by snow depth to all other
motor vehicle use by the public. These routes will be marked by signs,
snow poles, or other appropriate means.
The park Superintendent shall determine the opening and closing dates
for use of designated snowmobile routes each year. Routes will be open
to snowmobile travel when they are considered to be safe for travel but
not necessarily free of safety hazards.
(3) Snowmobile use outside designated routes is prohibited. This
prohibition shall not apply to emergency administrative travel by
employees of the National Park Service or its contractors or
concessioners or law enforcement agencies.
(b) [Reserved]
[49 FR 29375, July 20, 1984]
Sec. 7.53 Black Canyon of the Gunnison National Monument.
(a) Snowmobiles. (1) During periods when snow depth prevents regular
vehicular travel to the North Rim of the Monument, as determined by the
superintendent, snowmobiling will be permitted on the graded, graveled
North Rim Drive and parking areas from the north monument boundary to
North Rim Campground and also to the Turnaround.
(2) On roads designated for snowmobile use, only that portion of the
road or parking area intended for other motor vehicle use may be used by
snowmobiles. Such roadway is available for snowmobile use only when
there is sufficient snow cover and when these roads and parking areas
are closed to all other motor vehicle use by the public. These routes
will be marked by signs, snow poles, or other appropriate means.
Snowmobile use outside designated routes is prohibited.
(b) [Reserved]
[49 FR 34478, Aug. 31, 1984]
Sec. 7.54 Theodore Roosevelt National Park.
(a) Snowmobiles. (1) Designated routes open to snowmobile use are
the portions of the Little Missouri River which contain the main river
channel as it passes through both units of Theodore Roosevelt National
Park. Ingress and egress to and from the designated route must be made
from outside the boundaries of the park. There are no designated access
points to the route within the park.
(2) The superintendent shall determine the opening and closing dates
for the use of designated snowmobile routes each year, taking into
consideration snow, weather and river conditions. He shall notify the
public by posting of appropriate signs at the main entrance to both
units of the park. The superintendent may, by the posting of appropriate
signs, require persons to register or obtain a permit before operating
any snowmobiles within the park. The operation of snowmobiles shall be
in accordance with State laws in addition to the National Park Service
regulations.
(b) [Reserved]
[49 FR 34479, Aug. 31, 1984]
Sec. 7.55 Lake Roosevelt National Recreation Area.
(a) Hunting. Hunting is allowed at times and locations designated as
open for hunting.
[[Page 131]]
(b) Aircraft. Float planes may be operated on Lake Roosevelt on
those waters not administered by Indians as part of the Indian Zone,
i.e., mid-channel to the shore of the non-Indian side of the Lake. A map
showing the waters where aircraft may be operated will be available in
the office of the superintendent.
(c) Personal Watercraft (PWC). (1) PWCs are allowed on the waters
within Lake Roosevelt National Recreation Area except in the following
areas:
(i) Crescent Bay Lake.
(ii) Kettle River above the Hedlund Bridge.
(2) Launch and retrieval of PWC are permitted only at designated
launch ramps. Launching and retrieval of PWC at Napoleon Bridge launch
ramp is prohibited.
(3) PWC may land anywhere along the shoreline except in designated
swimming areas.
(4) PWC may not be operated at greater than flat-wake speeds in the
following locations:
(i) Upper Hawk Creek from the waterfall near the campground through
the area known as the ``narrows'' to the confluence of the lake, marked
by ``flat wake'' buoy(s).
(ii) Within 200 feet of launch ramps, marina facilities, campground
areas, water skiers, beaches occupied by swimmers, or other persons in
the water.
(iii) The stretch of the Spokane Arm from 200 feet west of the Two
Rivers Marina on the downstream end, to 200 feet east of the Fort
Spokane launch ramp on the upstream end, above the vehicle bridge.
(5) The Superintendent may temporarily limit, restrict or terminate
access to the areas designated for PWC use after taking into
consideration public health and safety, natural and cultural resource
protection, and other management activities and objectives.
[49 FR 18451, Apr. 30, 1984, as amended at 69 FR 35526, June 25, 2004]
Sec. 7.56 Acadia National Park.
(a) Designated Snowmobile Routes. The designated routes for
snowmobile shall be:
(1) Park Loop Road (except section from Stanley Brook intersection
north to the gate at Penobscot Mountain Parking Area) and connecting
roads as follows: Paradise Hill Road (Visitor Center to Junction Park
Loop Road); Stanley Brook Road; Ledgelawn Extension Road; Sieur de Monts
(gate to Loop Road); West Street; Cadillac Mountain Summit Road;
entrance roads to Wildwood Stable.
(2) Portions of Carriage Paths as follows: A section of Carriage
Path 1.8 miles in length from the parking area at the north end of Eagle
Lake down the east side of the lake to connection with Park Loop Road at
Bubble Pond Rest Area. A section of Carriage Path 0.6 miles in length
from Wildwood Stable to connection with Park Loop Road south of the
entrance road to Penobscot Mountain Parking Area.
(3) Hio Truck Road from Seawall Campground north to State Route 102.
(4) The paved camper access roads within Seawall Campground.
(5) Marshall Brook Truck Road from Seal Cove Road to Marshall Brook.
(6) Seal Cove Road from Park Boundary in Southwest Harbor to State
Route 102 in Seal Cove.
(7) Western Mountain Road from Park Boundary west of Worcester
Landfill to Seal Cove Pond.
(8) The two crossroads connecting Western Mountain Road and Seal
Cove Road.
(9) Long Pond Truck Road including Spur Road to Pine Hill.
(10) Lurvey Spring Road from Junction with Long Pond Road in
Southwest Harbor to intersection with Echo Lake Beach Road.
(11) The Echo Lake Entrance Road from State Route 102 to Echo Lake
Beach Parking Area.
[48 FR 1195, Jan. 11, 1983]
Sec. 7.57 Lake Meredith National Recreation Area.
(a)(1) What terms do I need to know? In addition to the definitions
found in Sec. 1.4 of this chapter, the following definition applies to
this Sec. 7.57 only.
All-terrain vehicle or ATV means a motor vehicle that is:
(i) Equipped with a seat or seats for the use of the rider and a
passenger, if the motor vehicle is designed by the manufacturer to
transport a passenger;
[[Page 132]]
(ii) Designed to propel itself with three or more tires in contact
with the ground;
(iii) Designed by the manufacturer for off-highway use;
(iv) Not designed by the manufacturer primarily for farming or lawn
care; and
(v) Not more than 50 inches wide.
(2) Off-road motor vehicle use. Operating a motor vehicle is allowed
within the boundaries of Lake Meredith National Recreation Area off
roads under the conditions in this paragraph (a).
(3) Permit requirement. (i) A special use permit issued and
administered by the superintendent is required to operate a motor
vehicle off roads at designated locations in the recreation area. There
is no limit to the number of permits that the Superintendent may issue.
(ii) The NPS charges a fee to recover the costs of administering the
special use permits. Permit applicants must pay the fee charged by the
NPS in order to obtain a special use permit.
(iii) Annual permits are valid for the calendar year for which they
are issued. Three-day permits are valid on the day designated on the
permit and the following two days. One-day permits are valid on the day
designated on the permit.
(iv) A permit applicant must acknowledge in writing that he or she
understands the rules governing off-road vehicle use in the recreation
area.
(v) Each motor vehicle permitted to operate off roads must display
an NPS decal issued by the superintendent. The NPS decal must be affixed
to the vehicle in a manner and location specified by the superintendent.
(vi) Permits may be requested from the recreation area headquarters
in Fritch, Texas, or on the recreation area Web site.
(4) Designated locations. (i) The operation of a motor vehicle off
roads within the recreation area is prohibited except at the locations
designated by this paragraph (a). Designated locations are identified on
maps available at the recreation area headquarters and on the recreation
area Web site, and are marked on the ground with signs, posts, or
cables.
(ii) Permitted motor vehicles may be used off roads at the following
locations at Blue Creek, an area at the northern end of the recreational
area that empties into Lake Meredith:
------------------------------------------------------------------------
Designated locations for Part of a
off-road motor vehicle management
use zone?
------------------------------------------------------------------------
Blue Creek.................. Approximately 133.5 acres Low Speed Zone
on the river bottom. (partial
overlap).
Approximately one linear No.
mile of routes and
access points to the
river bottom.
------------------------------------------------------------------------
(iii) Permitted motor vehicles may be used off roads at the
following locations at Rosita, an area of the Canadian River at the
southern end of the recreation area:
------------------------------------------------------------------------
Designated locations
for off-road motor Part of a
vehicle use management zone?
------------------------------------------------------------------------
Rosita......................... Approximately 170.2 No.
acres south of the
Canadian River
(currently denuded
of vegetation) at
the western border
of LAMR where HWY
287 nears the
recreation area.
Approximately 65.2 Hunting Zone
acres south of the (complete
Canadian River and overlap).
on the east side of
Bull Taco Hill.
Approximately 119.3 Resource
acres on the river Protection Zone
bottom. (partial
overlap).
Approximately 15.1 Resource
linear miles of Protection Zone
routes and access (partial
points to the river overlap).
bottom.
Hunting Zone
(complete
overlap).
Approximately one Beginner Zone
linear mile of (complete
routes south of the overlap).
Canadian River near
HWY 287.
------------------------------------------------------------------------
(5) Management zones. Some of the designated locations for off-road
motor vehicle use enter into or abut one or more management zones that
further manage this activity. These zones are identified on maps
available at headquarters and on the recreation area
[[Page 133]]
Web site. Each zone has special restrictions governing off-road motor
vehicle use as set forth in the following table:
------------------------------------------------------------------------
Zone Special restrictions Location
------------------------------------------------------------------------
Beginner Zone................ Speed limit: 20 mph
(unless otherwise
posted).
Routes marked for Rosita.
beginner operators of
off-road vehicles only.
Camping Zone................. Speed limit: 15 mph
(unless otherwise
posted).
Off-road vehicles may Rosita.
only be used to access Blue Creek.
the campground;
recreational use
prohibited.
Off-road vehicles that
are not registered in a
state may not be used
from 10 p.m.-6 a.m.
(unless otherwise
posted).
Hunting Zone................. Off-road vehicles may be Rosita.
used only for hunting
during the Texas
general white-tailed
deer season.
Low-Speed Zone............... Speed limit: 15 mph
(unless otherwise
posted).
Located approximately \1/ Blue Creek.
2\ mile on either side
of the FM 1913 bridge.
Resource Protection Zone..... Off-road vehicles with a Rosita.
wheel width greater
than 65 inches are
prohibited.
------------------------------------------------------------------------
(6) Camping at Blue Creek and Rosita. Camping is prohibited in
designated ORV areas, routes, and access points and within 100 feet of
these locations, except for marked camping zones where camping is
allowed in or next to a motor vehicle, including a tent trailer, RV, or
van.
(7) Operational and vehicle requirements. The following requirements
apply to the use of motor vehicles off roads in the recreation area:
(i) At Rosita, operating a motor vehicle in an isolated pool of
water that is not connected to or touching flowing water is prohibited.
(ii) Operating a motor vehicle on vegetation is prohibited.
(iii) Glass containers are prohibited in designated areas, routes,
and access points, and in camping zones.
(iv) Operating a motor vehicle in excess of 35 mph (unless otherwise
posted) on designated routes and access points at Blue Creek and Rosita
is prohibited.
(v) Operating a motor vehicle in excess of the speed limits
identified in paragraph (a)(5) (unless otherwise posted) in specific
management zones is prohibited.
(vi) Operating a motor vehicle in excess of 55 mph (unless otherwise
posted) in the designated areas that are not part of a Low-Speed Zone on
the river bottoms at Blue Creek and Rosita is prohibited.
(vii) All ATVs must be equipped with a whip--a pole, rod, or
antenna--that is securely mounted on the vehicle and stands upright at
least eight feet from the surface of the ground when the vehicle is
stopped. This whip must have a solid red or orange safety flag with a
minimum size of six inches by twelve inches that is attached no more
than ten inches from the top of the whip. Flags must have a pennant,
triangle, square, or rectangular shape.
(viii) A motor vehicle must display lighted headlights and
taillights during the period from one-half hour before sunset to one
half hour after sunrise.
(ix) Motor vehicles must have a functioning muffler system. Motor
vehicles that emit more than 96 decibels of sound (using the SAE J1287
test standard) are prohibited.
(x) Operating a motor vehicle with a wheel width greater than 65
inches in a Resource Protection Zone is prohibited.
(8) Prohibited acts. Violating any provision of this paragraph (a),
including the special restrictions for each management zone, or the
terms, conditions, or requirements of an off-road vehicle permit is
prohibited. A violation may also result in the suspension or revocation
of the applicable permit by the superintendent.
(9) Superintendent's authority. The superintendent may open or close
designated areas, routes, or access points to motor vehicle use, or
portions thereof, or impose conditions or restrictions for off-road
motor vehicle use after taking into consideration public health and
safety, natural and cultural resource protection, and other management
activities and objectives. The superintendent will provide public notice
of all such actions through one or more of the methods listed in Sec.
1.7 of this
[[Page 134]]
chapter. Violating any such closure, condition, or restriction is
prohibited.
(b) Safety Helmets. The operator and each passenger of a motorcycle
shall wear a safety helmet while riding on a motorcycle in an off-road
area designated in paragraph (a) of this section.
(c) Powerless flight. The use of devices designed to carry persons
through the air in powerless flight is allowed except in locations
designated as closed to this activity. The superintendent may designate
times and locations where such activity is allowed only under the terms
and conditions of a permit.
(d) Fishing. Unless otherwise designated, fishing in a manner
authorized under applicable State law is allowed.
(e) Hunting. Hunting is allowed at times and locations designated as
open for hunting.
(f) Trapping. Trapping is allowed at times and locations designated
as open for trapping.
(g) Personal watercraft (PWC). (1) PWC may operate on Lake Meredith
except in the following closed areas: stilling basin below Sanford Dam,
within 750 feet of the Sanford Dam intake tower, and on the waters of
the Canadian River.
(2) PWC may operate on Lake Meredith under the following conditions:
(i) Fueling of PWC is prohibited on the lake, except at the marina
fuel dock with an attendant providing the fuel service, or onshore and
out of the water.
(ii) Carrying of fuel in an external or portable container onboard a
PWC is prohibited.
(iii) PWC may only be launched at designated launch sites
established by the Superintendent in accordance with 36 CFR 1.5 and 1.7.
(iv) PWC may not operate at greater than flat wake speed in the
following designated areas: North Turkey Creek, Bugbee Canyon, North
Canyon, North Cove, South Canyon, Sexy Canyon, Amphitheater Canyon, the
coves between day markers 9 and 11, Fritch Canyon, Short Creek, Evans
Canyon and Canal Canyon. Flat wake areas are designated by buoys marked
with ``flat wake'' or other similar markings. The location of those
buoys may be adjusted by the Superintendent based on reservoir water
levels.
(3) The Superintendent may temporarily limit, restrict or terminate
access to the areas designated for PWC use after taking into
consideration public health and safety, natural and cultural resource
protection, and other management activities and objectives.
(h) Bicycling. (1) The Superintendent may designate for bicycle use
routes or portions of routes in the following sections of the park's
multi-use recreational trail:
(i) Harbor Bay-Fritch Canyon area (approximately 5.7 miles);
(ii) Harbor Bay Short-Creek area (approximately 3.3 miles);
(iii) Short Creek-South Turkey Creek area (approximately 2.8 miles);
(iv) South Turkey Creek area (approximately 4.4 miles); and
(v) Fritch Fortress area (approximately 5.2 miles).
(2) Designation of bicycle routes or portions of routes shall be
implemented with a written determination that the route is open for
public use and that such bicycle use is consistent with the protection
of the park area's natural, scenic and aesthetic values, safety
considerations and management objectives, and will not disturb wildlife
or park resources. Notice may be provided by posting signs and
identifying routes on maps which shall be available in the office of the
Superintendent and on the park's Web site.
(3) The Superintendent may open or close designated bicycle routes,
or portions thereof, or impose conditions or restrictions for bicycle
use after taking into consideration public health and safety, natural
and cultural resource protection, carrying capacity, and other
management activities and objectives.
(i) The Superintendent will provide public notice of all such
actions through one or more of the methods listed in Sec. 1.7 of this
chapter.
(ii) Violating a closure, condition, or restriction is prohibited.
[36 FR 14694, Aug. 10, 1971, as amended at 40 FR 762, Jan. 3, 1975; 48
FR 30295, June 30, 1983; 49 FR 18451, Apr. 30, 1984; 52 FR 10686, Apr.
2, 1987; 69 FR 30223, May 27, 2004; 72 FR 13706, Mar. 23, 2007; 79 FR
15696, Mar. 21, 2014; 80 FR 55264, Sept. 15, 2015]
[[Page 135]]
Sec. 7.58 Cape Hatteras National Seashore.
(a) Hunting. (1) Lands within the Seashore on which hunting is
legally permitted are designated as follows:
(i) Ocracoke Island, except Ocracoke village.
(ii) Hatteras Island, 500 acres, in three disconnected strips 250
feet wide measuring eastward from mean high water mark on Pamlico Sound
between villages of Salvo and Avon and Buxton, and between Frisco and
Hatteras.
(iii) Bodie Island, 1,500 acres, between high water mark of Roanoke
Sound and a line 2,000 feet west of and parallel to U.S. Highway 158,
and from the north dike of the Goosewing Club property on the north to
the north boundary of the Dare County tract on the south.
(2) Seashore lands on which hunting is not permitted will be posted
accordingly.
(3) This hunting plan will be administered and enforced by the
National Park Service, through the Service's authorized local
representative, the Superintendent of the Seashore, hereinafter referred
to as the Superintendent.
(4) The State of North Carolina will assist in the enforcement of
applicable State and Federal hunting laws and otherwise in carrying out
this plan.
(5) Hunting will be restricted to waterfowl. Season length, opening
and closing dates, bag limits and species of waterfowl which may be
taken will be in accordance with the rules and regulations issued by the
North Carolina Wildlife Resources Commission and the U.S. Fish and
Wildlife Service.
(6) Hunting privileges will be free for all hunters possessing a
North Carolina State hunting license and Federal migratory bird hunting
stamp.
(7) Permanent blinds will be constructed exclusively by the Seashore
and these will be built only on Bodie Island. Setting up and use of
temporary or portable blinds by hunters will be permitted on Hatteras
and Ocracoke Islands.
(8) Minimum distance between blinds on Seashore land and ponds
within the designated hunting areas will be 300 yards unless other
conditions, such as natural screening, justify a shorter distance.
(9) Hunting on Ocracoke Island will be permitted and managed in the
same manner as Hatteras Island.
(10) ``Jump shooting'' of waterfowl will be permitted only on
Hatteras and Ocracoke Islands and is prohibited within 300 yards of any
blind.
(11) Properly licensed and authorized guides may provide hunting
guide service within the designated hunting areas in the Seashore. They
will not be permitted to solicit business within the boundaries of the
Seashore and all arrangements with hunters must be made outside of those
boundaries. Guides will be required to possess a North Carolina State
guide license and to fulfill all requirements and conditions imposed by
that license. Fees charged by guides must be approved in advance by the
Superintendent. Each guide must also possess a permit issued by the
Superintendent which authorizes him to guide hunters within the Seashore
and the amount of the fees which he may charge.
(12) Guides shall have no permanent or seasonal blind rights within
the Seashore and no special privileges other than those specified in
this section.
(13) At 5:00 a.m. each morning the day of hunting a drawing for
blind assignments will be conducted at the check-out station. Advance
reservations for permission to draw will be accepted through the United
States mail only. Reservations postmarked prior to 12:01 a.m. of
September 25 will not be accepted. The postmark date and hour will
establish and govern the priority of drawing. Maximum reservation by any
person shall be three (3) consecutive days in any week, Monday through
Saturday, and limited to a total of six (6) days during the season.
Reservations shall have priority over nonreservations at drawing time.
In the event a reservation is to be canceled, the Superintendent shall
be informed by the party prior to drawing time for the date or dates of
the reservation.
(14) The first departure from a blind by a person terminates his
hunting privilege within Bodie Island for that day and the blinds may be
reassigned by the Superintendent, Cape Hatteras National Seashore
Recreational Area, or his duly authorized representative, for use by
others later the same day.
[[Page 136]]
Vacating parties must check out and furnish information regarding their
take at the checking station on Bodie Island located near the north
boundary of the hunting area.
(15) Hunters and guides shall provide their own decoys and are
required to leave the blind which they used in a clean, sanitary and
undamaged condition.
(16) All hunters taking banded fowl shall turn in the bands at the
check-out station.
(17) Details of this plan, interpretations and further information
regarding it will be published in local newspapers and issued in
circular form free to all interested persons.
(18) Access to blinds will be by designated foot trails. Vehicles
will not be permitted to drive to the blind sites.
(19) Trained dogs will be permitted for retrieving providing they
are kept under restraint by the hunter.
(20) Blinds will be limited to two persons without a guide and three
including the guide. Only two guns will be permitted in each blind.
(21) All other regulations will be in accordance with the North
Carolina State and Federal migratory bird hunting laws.
(b) Definitions. As used in this section:
(1) Definitions. As used in this part:
(i) Seashore. Cape Hatteras National Seashore.
(ii) Legal resident of an established village. An individual
(excluding a corporation, partnership, or other artificial person)
having domicile in one of the following Outer Banks villages referred to
in section 1 of the Act of August 17, 1937 (50 Stat. 669):
Corolla, Duck, Kitty Hawk, Kill Devil Hills, Collington, Nags Head,
Manteo, Wanchese, Rodanthe, Waves, Salvo, Avon, Buxton, Frisco,
Hatteras, Ocracoke.
(iii) Commercial fishing. All operations preparatory to, during, and
subsequent to the taking of fish by any means if a primary purpose of
the taking is to sell fish.
(iv) Commercial fishing permit. Written revocable authorization,
issued by the Superintendent to an eligible individual, to engage in
commercial fishing from the Seashore beaches. The permit will be issued
on an annual basis commencing on October 1st of each year.
(2) Commercial fishing permit required. A commercial fishing permit
is required before engaging in commercial fishing from the seashore
beaches.
(3) Permits. Commercial fishing permits may be issued by the
Superintendent or his authorized representative limited to individuals
meeting the following criteria of eligibility:
(i) A legal resident of an established village.
(ii) Possession of a valid North Carolina commercial fishing license
or engagement in a joint commercial fishing venture with a North
Carolina commercial fishing licensee.
The permit shall be carried at all times while engaged in commercial
fishing and shall be displayed upon request by the Superintendent or his
representative. When two or more individuals engage in a joint
commercial fishing venture involving a splitting of profits or any other
assumption of proprietary interests, each individual must qualify for
and have a commercial fishing permit. An employee hired by a permittee
for a specific wage with no financial interest in the activity need not
have a permit.
(4) Revocation of permit. The Superintendent may revoke the
commercial fishing permit of any permittee who ceases to meet the
criteria of eligibility set forth in paragraph (c)(3) of this section or
who violates any General, Special, or other related regulation governing
activities at the Seashore.
(5) Beach sanitation and conservation of aquatic life.
Notwithstanding any General Regulation of the National Park Service to
the contrary, all fishermen, commercial and sport, landing fish on the
Seashore by any method and not using such fish because of size, edible
quality, or other reason, shall immediately release and return such fish
alive in the waters from which taken. No dead fish or part thereof may
be left on any shore, beach, dock, pier, fish cleaning table or thrown
back into the waters, but must be disposed of only at points or places
designated for the disposal thereof or removed from the seashore area.
[[Page 137]]
(6) Sport-fishing Zone. A zone is established for the protection and
enhancement of recreational sport-fishing commencing at Beach Access
Ramp No. 22 and continuing south and west along the ocean shore,
including Cape Point (Cape Hatteras), to Beach Access Ramp No. 30.
Within this zone commercial fishing, as specified in the Act of August
17, 1937 (50 Stat. 669), is permitted, except between the hours of 12:01
a.m. on Saturday to 11:59 p.m. on Sunday from October 1 through April
30, commercial fishermen are not permitted to haul seines or nets onto
the beach within the Zone.
(c) Off-road motor vehicle use--(1) Definitions. In addition to the
definitions found in Sec. 1.4 of this chapter, the following terms
apply in this paragraph (c):
ORV means a motor vehicle used off of park roads (off-road), subject
to the vehicle requirements, prohibitions, and permitting requirements
described in this paragraph (c).
ORV corridor means the actual physical limits of the designated ORV
route in the Seashore. On the landward side, the ORV corridor on
Seashore beaches will be marked when possible by posts that are located
seaward of the toe of the dune or the vegetation line. On the seaward
side, the corridor runs to the water line, which will not be marked by
posts unless necessary. Where the ocean beach is at least 30 meters wide
above the high tide line, the landward side of the corridor will be
posted at least 10 meters seaward of the toe of the dune.
(2) ORV permits. ORV permits are a form of NPS special park use
permits, which are issued and administered by the Superintendent and for
which the NPS charges a fee to recover its administrative costs.
(i) A permit issued by the Superintendent is required to operate a
vehicle on designated ORV routes at the Seashore.
(ii) Operation of a motor vehicle authorized under an ORV permit is
limited to those routes designated in this paragraph (c).
(iii) There is no limit to the number of ORV permits that the
Superintendent may issue.
(iv) ORV permits are valid for the dates specified on the permit.
The public will be notified of any changes to ORV permit durations
through one or more of the methods listed in Sec. 1.7(a) of this
chapter.
(v) In order to obtain a permit, an applicant must comply with
vehicle and equipment requirements, complete a short education program
in a manner and location specified by the Superintendent, acknowledge in
writing an understanding of the rules governing ORV use at the Seashore,
and pay the permit fee.
(vi) Each permit holder must affix the proof of permit, in a manner
and location specified by the Superintendent, to the vehicle covered by
the permit for use off-road.
(3) Vehicle and equipment requirements. The following requirements
apply for driving off-road:
(i) The vehicle must be registered, licensed, and insured for
highway use and must comply with inspection requirements for the state,
country, or province where the vehicle is registered.
(ii) The vehicle may have no more than two axles.
(iii) A towed boat or utility trailer may have no more than two
axles.
(iv) Vehicle tires must be listed or approved by the U.S. Department
of Transportation.
(v) The vehicle must carry a low-pressure tire gauge, shovel, jack,
and jack support board.
(4) Vehicle inspection. Authorized persons may inspect the vehicle
to determine compliance with the requirements of this paragraph (c).
(5) Certain vehicles prohibited. The off-road operation of a
motorcycle, all-terrain vehicle (ATV), or utility vehicle (UTV) is
prohibited.
(6) Travel trailers prohibited. The towing of a travel trailer
(i.e., a trailer with sleeping or bathroom facilities) off-road is
prohibited.
(7) Special-use permits for off-road driving, temporary use.
Special-use permits issued under this paragraph are subject to resource,
safety, and other closures implemented under Sec. 7.58(c)(10), and may
only be used in a manner consistent with the terms and conditions of the
permit. The Superintendent may
[[Page 138]]
issue a special-use permit for temporary off-road vehicle use to:
(i) Authorize the North Carolina Department of Transportation to use
Seashore beaches as a public way, when necessary, to bypass sections of
NC Highway 12 that are impassable or closed for repairs;
(ii) Allow participants in regularly scheduled fishing tournaments
to drive in an area if driving was allowed in that area for that
tournament before January 1, 2009; or
(iii) Allow vehicular transport of mobility impaired individuals via
the shortest, most direct distance from the nearest designated ORV route
or Seashore road to a predetermined location in a beach area in front of
a village that is not otherwise open to ORV use.
(8) Commercial fishing vehicles. The Superintendent, when issuing a
commercial fishing permit, may authorize the holder, when actively
engaged in authorized commercial fishing, to operate a vehicle off-road.
(i) An authorization under this paragraph may allow off-road driving
on a beach not otherwise designated for ORV use, only if the beach is
not subject to a resource closure or is not a lifeguarded beach.
(ii) An authorization under this paragraph may allow off-road
driving beginning at 5 a.m. on days when night-driving restrictions are
in effect, to set or tend haul seine or gill nets, only if the permit
holder is carrying and able to present a fish-house receipt from the
previous 30 days.
(9) ORV routes. The following tables indicate designated ORV routes.
The following ramps are designated for off-road use to provide access to
ocean beaches: 2, 4, 23, 25, 27, 30, 32, 34, 38, 43, 44, 48, 49, 55, 59,
63, 67, 68, 70, and 72. Designated ORV routes and ramps are subject to
resource, safety, seasonal, and other closures implemented under Sec.
7.58(c)(10). Soundside ORV access ramps are described in the table
below. For a village beach to be open to ORV use during the winter
season, it must be at least 20 meters (66 feet) wide from the toe of the
dune seaward to mean high tide line. Maps showing designated routes and
ramps are available in the Office of the Superintendent and on the
Seashore Web site.
------------------------------------------------------------------------
When is the route open? Where is the route located?
------------------------------------------------------------------------
Bodie Island--Designated Routes
------------------------------------------------------------------------
Year Round........................ Ramp 2 to 0.2 miles south of ramp 4.
September 15-March 14............. 0.2 miles south of ramp 4 to the
eastern confluence of the Atlantic
Ocean and Oregon Inlet.
------------------------------------------------------------------------
Hatteras Island--Designated Routes
------------------------------------------------------------------------
Year Round........................ 1.5 miles south of ramp 23 to ramp
27.
Ramp 30 to approximately 0.3 miles
south of ramp 32
The following soundside ORV access
routes from NC Highway 12 to
Pamlico Sound between the villages
of Salvo and Avon: soundside ramps
46, 48, 52, 53, 54. The soundside
ORV access at Little Kinnakeet
starts just to the west of the
Kinnakeet lifesaving structures and
continues to the sound.
Ramp 38 to 1.5 miles south of ramp
38.
The following soundside ORV access
routes from NC Highway 12 to
Pamlico Sound between the villages
of Avon and Buxton: soundside ramps
57, 58, 59, and 60.
0.4 miles north of ramp 43 to Cape
Point to 0.3 miles west of ``the
hook.''
Bypass which extends due south from
the opening at ramp 44, running
continuously behind the dunes until
the bypass connects with the beach.
Interdunal route (``Inside Road'')
from intersection with Lighthouse
Road (i.e. ramp 44) to ramp 49,
with one spur route from the
interdunal route to ramp 48.
Just east of Ramp 48 to east Frisco
boundary.
A soundside ORV access route from
Museum Drive to Pamlico Sound near
Coast Guard Station Hatteras Inlet
Pole Road from Museum Drive to Spur
Road to Pamlico Sound, with one
spur route, commonly known as Cable
Crossing, to Pamlico Sound and four
spur routes to the ORV route below.
Ramp 55 southwest along the ocean
beach for 1.6 miles, ending at the
intersection with the route
commonly known as Bone Road.
October 15-April 14............... 0.1 mile south of Rodanthe Pier to
1.5 mile south of ramp 23
1.0 mile north of ramp 34 to ramp 38
(Avon)
East Frisco boundary to west Frisco
boundary (Frisco village beach)
East Hatteras boundary to ramp 55
(Hatteras village beach)
------------------------------------------------------------------------
[[Page 139]]
Ocracoke Island--Designated Routes
------------------------------------------------------------------------
Year Round........................ Ramp 59 to just southwest of ramp
63.
Routes from NC Highway 12 to Pamlico
Sound located north of the Pony
Pens, commonly known as Prong Road,
Barrow Pit Road, and Scrag Cedar
Road.
1.0 mile northeast of ramp 67 to 0.5
mile northeast of ramp 68
0.4 miles northeast of ramp 70 to
Ocracoke inlet.
From ramp 72 to a pedestrian trail
to Pamlico Sound, commonly known as
Shirley's Lane.
October 15-April 14............... 0.5 mile northeast of ramp 68 to
ramp 68 (Ocracoke Campground area).
September 15-March 14............. A route 0.6 mile south of ramp 72
from the beach route to a
pedestrian trail to Pamlico Sound.
A route at the north end of South
Point spit from the beach route to
Pamlico Sound.
------------------------------------------------------------------------
(10) Superintendent's closures. (i) The Superintendent will
temporarily limit, restrict, or terminate access to routes or areas
designated for off-road use based on one or more of the following
criteria:
(A) Public health and safety;
(B) Vehicle carrying capacity and other ORV management
considerations;
(C) Natural and cultural resource protection;
(D) Applicable species management strategies including buffer
distances; or
(E) Desired future conditions for threatened, endangered, state-
listed, and special status species.
(ii) The Superintendent will conduct periodic reviews of the
criteria for and results of these closures to assess their
effectiveness. The public will be notified of such closures through one
or more of the methods listed in Sec. 1.7(a) of this chapter. Violation
of any closure is prohibited.
(iii) The Superintendent will remove or relax closures based on the
same criteria used for closure.
(11) Rules for Vehicle Operation. (i) Notwithstanding the definition
of ``Public Vehicular Area'' (PVA) in North Carolina law, the operator
of any motor vehicle anywhere in the Seashore, whether in motion or
parked, must at all times comply with all North Carolina traffic laws
that would apply if the operator were operating the vehicle on a North
Carolina highway.
(ii) In addition to the requirements of Part 4 of this chapter, the
following restrictions apply:
(A) A vehicle operator must yield to pedestrians on all designated
ORV routes.
(B) When approaching or passing a pedestrian on the beach, a vehicle
operator must move to the landward side to yield the wider portion of
the ORV corridor to the pedestrian.
(C) A vehicle operator must slow to 5 mph when traveling within 30.5
meters (100 feet) or less of pedestrians at any location on the beach at
any time of year.
(D) An operator may park on a designated ORV route, but no more than
one vehicle deep, and only as long as the parked vehicle does not
obstruct two-way traffic.
(E) When driving on a designated route, an operator must lower the
vehicle's tire pressure sufficiently to maintain adequate traction
within the posted speed limit.
(F) The speed limit for off-road driving is 15 mph, unless otherwise
posted.
(12) Hours of Operation/Night-Driving Restrictions. (i) Hours of
operation and night-driving restrictions are listed in the following
table:
Hours of Operation/Night Driving Restrictions
------------------------------------------------------------------------
When are the restrictions in
place? Where are the restrictions in place?
------------------------------------------------------------------------
November 16-April 30.............. All designated ORV routes are open
24 hours a day.
May 1-September 14................ Designated ORV routes in sea turtle
nesting habitat (ocean intertidal
zone, ocean backshore, dunes) are
closed at 9:00 p.m. and open no
earlier than 6:00 a.m. The Seashore
will publish exact opening times on
an annual basis.
[[Page 140]]
September 15-November 15.......... Designated ORV routes in sea turtle
nesting habitat (ocean intertidal
zone, ocean backshore, dunes) are
closed at 9:00 p.m. and open no
earlier than 6:00 a.m., but the
Superintendent may open designated
ORV routes, or portions of the
routes, 24 hours a day if no turtle
nests remain. The Seashore will
publish exact opening times on an
annual basis.
------------------------------------------------------------------------
(ii) Maps available in the office of the Superintendent and on the
Seashore's Web site will show routes closed due to night-driving
restrictions, and routes or portions of the routes the Superintendent
opens because there are no turtle nests remaining.
(13) Vehicle carrying capacity. The maximum number of vehicles
allowed on any ORV route, at one time, is the length of the route (or,
if part of the route is closed, the length of the portion of the route
that is open) divided by 6 meters (20 feet).
(14) Violating any of the provisions of this paragraph, or the
terms, conditions, or requirements of an ORV or other permit authorizing
ORV use is prohibited. A violation may also result in the suspension or
revocation of the applicable permit by the Superintendent.
(15) Information Collection. As required by 44 U.S.C. 3501 et seq.,
OMB has approved the information collection requirements contained in
this paragraph. The OMB approval number is 1024-0026. NPS is collecting
this information to provide the Superintendent data necessary to issue
ORV special-use permits. The information will be used to grant a
benefit. The obligation to respond is required in order to obtain the
benefit in the form of the ORV permit.
[24 FR 11052, Dec. 30, 1959, as amended at 38 FR 33081, Nov. 30, 1973;
40 FR 4135, Jan. 28, 1975; 40 FR 56888, Dec. 5, 1975; 48 FR 30295, June
30, 1983; 52 FR 10686, Apr. 2, 1987; 77 FR 3142, Jan. 23, 2012; 81 FR
93604, Dec. 21, 2016]
Sec. 7.59 Grand Portage National Monument.
(a) Snowmobiles. After consideration of existing special situations,
i.e. depth of snow, and depending on local weather conditions, the
superintendent may permit the use of snowmobiles on the following
designated routes within the National Monument:
(1) The trail from County Road 73 (near the Grand Portage Trading
Post) which moves across the Grand Portage to County Road 17 near the
Catholic Church.
(2) The powerline right-of-way road from Country Road 73 which moves
across the Grand Portage Trail.
(3) The logging road which moves across the Grand Portage Trail in
NE \1/4\, SE \1/4\, Section 32, T64N, R6E.
(4) Abandoned Highway 61 which moves across the Grand Portage Trail.
(5) The logging road which moves across the Grand Portage Trail in
SE \1/4\, NW \1/4\, Section 25, T64N, R5E.
(b) Fishing. Unless otherwise designated, fishing in a manner
authorized under applicable State law is allowed.
[47 FR 45005, Oct. 13, 1982, as amended at 49 FR 18451, Apr. 30, 1984]
Sec. 7.60 Herbert Hoover National Historic Site.
(a) Snowmobiles. After consideration of existing special situations,
i.e., depth of snow, and depending on local weather conditions, the
Superintendent may permit the use of snowmobiles on the shoulder of the
paved motor road known as Parkside Drive between Main Street of West
Branch, Iowa and Interstate Highway 80, which is used by motor vehicle
traffic during other seasons in conformance with State law.
[47 FR 54933, Dec. 7, 1982]
Sec. 7.61 Fort Caroline National Memorial.
(a) Fishing. Fishing is prohibited within the Memorial.
[26 FR 3363, Apr. 20, 1961, as amended at 32 FR 16213, Nov. 28, 1967]
Sec. 7.62 Lake Chelan National Recreation Area.
(a) Snowmobiles. After consideration of existing special situations,
i.e.,
[[Page 141]]
depth of snow, and depending on local weather conditions, the
superintendent may designate as open to the use of snowmobiles the
following locations within the Lake Chelan National Recreation Area:
(1) All open areas, designated trails and roadways on public land
below the 1320-foot contour line within the Stehekin Valley, except
cross-country ski trails and within the perimeter of the Buckner
Orchard. Snowmobile use on open public lands or designated trails will
be limited to permanent, year-round residents of the Stehekin Valley.
(2) That portion of the Stehekin Valley Road normally open to use by
motor vehicles from the 1320-foot contour line to the park boundary.
(b) Aircraft. The following are designated as locations where the
operation of aircraft is allowed:
(1) The entire water surface of Lake Chelan.
(2) The Stehekin landing field, located at approximate latitude
48[deg]21[min] N, approximate longitude 120[deg]43[min] W.
(c) Weapons. The following location is designated for target
practice between the hours of sunrise and sunset, subject to all
applicable Federal, State, and local laws: in the SE \1/4\ of sec. 8, T.
33 N., R. 17 E., WM, approximately 100 yards east of mile point 7 on the
Stehekin Valley Road, a converted borrow pit.
(d) Solid waste disposal. A solid waste transfer station located
near Stehekin within the boundary of Lake Chelan National Recreation
Area must comply with all provisions in 36 CFR part 6, except it may:
(1) Accept solid waste generated within the boundary of the park
unit that was not generated by National Park Service activities;
(2) Be located within one mile of a campground or a residential
area;
(3) Be visible by the public from scenic vistas or off-trail areas
in designated wilderness areas;
(4) Be detectable by the public by sound from a campground; and
(5) Be detectable by the public by sight, sound, or odor from a road
open to public travel.
[49 FR 18451, Apr. 30, 1984, as amended at 49 FR 19652, May 9, 1984; 54
FR 48869, Nov. 28, 1989; 80 FR 74990, Dec. 1, 2015]
Sec. 7.63 Dinosaur National Monument.
(a) Commercial hauling. Ranchers and stockmen owning, leasing or
renting private lands, or holding grazing permits issued by the Bureau
of Land Management on designated grazing allotments adjacent to the
Artesia Entrance Road, Blue Mountain Road, and Deerlodge Park Road, are
authorized to use these roads for trucking or hauling ranching and
agricultural supplies and materials, including livestock, for use in
normal ranching and stock growing operations.
(b) Stock grazing. (1) Privileges for the grazing of domestic
livestock based on authorized use of certain areas at the time of
approval of the act of September 8, 1960 (74 Stat. 857, Pub. L. 86-729),
shall continue in effect or shall be renewed from time to time, except
for failure to comply with such terms and conditions as may be
prescribed by the Superintendent in these regulations and after
reasonable notice of default and subject to the following provisions of
tenure:
(i) Grazing privileges appurtenant to privately owned lands located
within the Monument shall not be withdrawn until title to the lands to
which such privileges are appurtenant shall have vested in the United
States except for failure to comply with the regulations applicable
thereto after reasonable notice of default.
(ii) Grazing privileges appurtenant to privately owned lands located
outside the Monument shall not be withdrawn for a period of twenty-five
years after September 8, 1960, and thereafter shall continue during the
lifetime of the original permittee and his heirs if they were members of
his immediate family as described herein except for failure to comply
with the regulations applicable thereto after reasonable notice of
default.
(iii) Members of the immediate family are those persons who are
related to and directly dependent upon a person or persons, living on or
conducting
[[Page 142]]
grazing operations from lands, as of September 8, 1960, which the
National Park Service recognized as base lands appurtenant to grazing
privileges in the monument. Such interpretation excludes mature children
who, as of that date, were established in their own households and were
not directly dependent upon the base lands and appurtenant grazing
recognized by the National Park Service.
(iv) If title to base lands lying outside the monument is conveyed,
or such base lands are leased to someone other than a member of the
immediate family of the permittee as of September 8, 1960, the grazing
preference shall be recognized only for a period of twenty-five years
from September 8, 1960.
(v) If title to a portion or part of the base land either outside or
inside the monument is conveyed or such base lands are leased, the new
owner or lessee will take with the land so acquired or leased after
September 8, 1960, such proportion of the entire grazing privileges as
the grazing capacity in animal unit months of the tract conveyed or
leased bears to the original area to which a grazing privilege was
appurtenant and recognized. Conveyance or lease of all such base lands
will automatically convey all grazing privileges appurtenant thereto.
(vi) Grazing privileges which are appurtenant to base lands located
either inside or outside the monument as of September 8, 1960, shall not
be conveyed separately therefrom.
(2) Where no reasonable ingress or egress is available to permittees
or nonpermittees who must cross monument lands to reach grazing
allotments or non-Federal lands within the exterior boundary of the
monument or adjacent thereto, the Superintendent will grant, upon
request, a temporary nonfee annual permit to herd stock on a designated
driveway which shall specify the time to be consumed in each single
drive.
(3) After September 8, 1960, no increase in the number of animal
unit months will be allowed on Federal lands in the monument.
(4)(i) A permittee whose privileges are appurtenant to base lands
either inside or outside the monument may be granted total nonuse on a
year to year basis not to exceed three consecutive years. Total nonuse
beyond this time may be granted if necessitated for reasons clearly
outside the control of the permittee. Total unauthorized nonuse beyond
three consecutive years will result in the termination and loss of all
grazing privileges.
(ii) Whenever partial or total non-use is desired an application
must be made in writing to the Superintendent.
(5) Grazing fees shall be the same as those approved for the Bureau
of Land Management and will be adjusted accordingly.
(6) Permittees or nonpermittees who have stock on Federal lands
within the monument at any time or place, when or where herding or
grazing is unauthorized may be assessed fifty cents per day per cow or
horse and ten cents per day per sheep as damages.
(7) The Superintendent may accept a written relinquishment or waiver
of any privileges; however, no such relinquishment or waiver will be
effective without the written consent of the owner or owners of the base
lands.
(8) Permits. Terms and conditions. The issuance and continued
effectiveness of all permits will be subject, in addition to mandatory
provisions required by Executive Order or law, to the following terms
and conditions:
(i) The permittee and his employees shall use all possible care in
preventing forest and range fires, and shall assist in the extinguishing
of forest and range fires on, or within, the vicinity of the land
described in the permit, as well as in the preservation of good order
within the boundaries of the Monument.
(ii) The Superintendent may require the permittee before driving
livestock to or from the grazing allotment to gather his livestock at a
designated time and place for the purpose of counting the same.
(iii) Stock will be allowed to graze only on the allotment
designated in the permit.
(iv) The permittee shall file with the Superintendent a copy of his
stock brand or other mark.
(v) The permittee shall, upon notice from the Superintendent that
the allotment designated in the permit is not ready to be grazed at the
beginning of
[[Page 143]]
the designated grazing season, place no livestock on the allotment for
such a period as may be determined by the Superintendent as necessary to
avoid damage to the range. All, or a portion of the livestock shall be
removed from the area before the expiration of the designated grazing
season if the Superintendent determines further grazing would be
detrimental to the range. The number of stock and the grazing period may
be adjusted by the Superintendent at any time when such action is deemed
necessary for the protection of the range.
(vi) No permit shall be issued or renewed until payment of all fees
and other amounts due the National Park Service has been made. Fees for
permits are due the National Park Service and must be paid at least 15
days in advance of the grazing period. No permit shall be effective to
authorize grazing use thereunder until all fees and other amounts due
the National Park Service have been paid. A pro rata adjustment of fees
will be made in the event of reduction of grazing privileges granted in
the permit, except that not more than 50 percent of the total annual
grazing fee will be refunded in the event reduced grazing benefits are
taken at the election of the permittee after his stock are on the range.
(vii) No building or other structure shall be erected nor shall
physical improvements of any kind be established under the permit except
upon plans and specifications approved by the National Park Service. Any
such facilities, structures, or buildings may be removed or disposed of
to a successor permittee within three months following the termination
of the permit; otherwise they shall become the property of the United
States without compensation therefor.
(viii) The permittee shall utilize the lands covered by the permit
in a manner approved and directed by the Superintendent which will
prevent soil erosion thereon and on lands adjoining same.
(ix) The right is reserved to adjust the fees specified in the
permit at any time to conform with the fees approved for the Bureau of
Land Management, and the permittee shall be furnished a notice of any
change of fees.
(x) All livestock are considered as mature animals at 6 months of
age and are so counted in determining animal unit months and numbers of
animals.
(xi) The Superintendent may prescribe additional terms and
conditions to meet individual cases.
(9) The breach of any of the terms or conditions of the permit shall
be grounds for termination, suspension, or reduction of grazing
privileges.
(10) Appeals from the decision of the Superintendent to the Regional
Director, and from the Regional Director to the Director shall be made
in accordance with National Park Service Order No. 14, as amended (19 FR
8824) and Regional Director, Order No. 3, as amended (21 FR 1494).
(11) Nothing in these regulations shall be construed as to prevent
the enforcement of the provisions of the General Rules and Regulations
and the Special Rules and Regulations of the National Park Service or of
any other provisions of said rules and regulations applicable to stock
grazing.
(c) Snowmobiles. (1) Designated routes which will be open to
smowmobile use are approximately 20 miles of the Harpers Corner Road in
Colorado and approximately 2 miles of the Cub Creek Road in Utah. The
Harpers Corner Road section extends from the Plug Hat Overlook to the
Echo Park Road Turnoff. The Cub Creek Road section extends from the Chew
Ranch Road, 1 mile north of the Green River Bridge, to the point where
the Cub Creek Road leaves the southern boundary of the monument.
(2) On roads designated for snowmobile use, only that portion of the
road or parking area intended for other motor vehicle use may be used by
snowmobiles. Such roadway is available for snowmobile use only when
there is sufficient snow cover and when these roads are closed to all
other motor vehicle use by the public.
(3) Snowmobile use outside designated routes is prohibited. The
superintendent shall determine the opening and closing dates for use of
the designated snowmobile routes each year.
[27 FR 2150, Mar. 16, 1962, as amended at 27 FR 3659, Apr. 18, 1962; 34
FR 7330, May 6, 1969; 49 FR 34481, Aug. 31, 1984; 60 FR 55791, Nov. 3,
1995]
[[Page 144]]
Sec. 7.64 Petersburg National Battlefield.
(a) Alcoholic beverages. The possession or drinking of alcoholic
beverages in any public place or in any motor vehicle is prohibited,
except with the written permission of the Superintendent.
(b) Maintenance of vehicles. Washing, cleaning, waxing, or
lubricating motor vehicles or repairing or performing any mechanical
work upon motor vehicles, except in emergencies, in any public place is
prohibited.
(c) Definition. As used in paragraphs (a) and (b) of this section,
the term ``public place'' shall mean any place, building, road, picnic
area, parking space, or other portion of Petersburg National Battlefield
to which the public has access.
[41 FR 40107, Sept. 17, 1976]
Sec. 7.65 Assateague Island National Seashore.
(a) Hunting. (1) Hunting, except with a shotgun, bow and arrow, or
by falconry is prohibited. Hunting with a shotgun, bow and arrow, or by
means of falconry is permitted in accordance with State law and Federal
regulations in designated hunting areas.
(2) Hunting, or taking of a raptor for any purpose is prohibited
except as provided for by permit in Sec. 2.5 of this chapter.
(3) A hunter shall not enter upon Service-owned lands where a
previous owner has retained use for hunting purposes, without written
permission of such previous owner.
(4) Waterfowl shall be hunted only from numbered Service-owned
blinds except in areas with retained hunting rights; and no firearm
shall be discharged at waterfowl from outside of a blind unless the
hunter is attempting to retrieve downed or crippled fowl.
(5) Waterfowl hunting blinds in public hunting areas shall be
operated within two plans:
(i) First-come, first-served.
(ii) Advance written reservation.
The superintendent shall determine the number and location of first-
come, first-served and/or advance reservation blinds.
(6) In order to retain occupancy rights, the hunter must remain in
or near the blind except for the purpose of retrieving waterfowl. The
leaving of decoys or equipment for the purpose of holding occupancy is
prohibited.
(7) Hunters shall not enter the public waterfowl hunting area more
than 1 hour before legal shooting time and shall be out of the hunting
area within 45 minutes after close of legal shooting time. The blind
shall be left in a clean and sanitary condition.
(8) Hunters using Service-owned shore blinds shall enter and leave
the public hunting area via designated routes from the island.
(9) Prior to entering and after leaving a public hunting blind, all
hunters shall check in at the registration box located on the trail to
the blind he is or has been using.
(10) Parties in blinds are limited to two hunters and two guns
unless otherwise posted at the registration box for the blinds.
(11) The hunting of upland game shall not be conducted within 300
yards of any waterfowl hunting blind during waterfowl season.
(12) Hunting on seashore lands and waters, except as designated
pursuant to Sec. 1.5 and Sec. 1.7, is prohibited.
(b) Operation of oversand vehicles--(1) Definitions. In addition to
the definitions found in Sec. 1.4 of this chapter, the following terms
or phrases, when used in this section, have the meanings hereinafter
respectively ascribed to them.
(i) Oversand vehicle. Any motorized vehicle which is capable of
traveling over sand including--but not limited to--over-the-road
vehicles such as beachbuggies, four-wheel-drive vehicles, pickup trucks,
and standard automobiles.
(ii) Self-Contained vehicle. Any towed or self-propelled camping
vehicle that is equipped with a toilet and a permanently installed,
waste, storage tank capable of holding a minimum of 2 days volume of
material.
(iii) Primary dune. Barriers or mounds of sand which are either
naturally created or artificially established bayward of the beach berm
which absorb or dissipate the wave energy of high tides and coastal
storms.
(iv) Dunes crossing. A maintained vehicle accessway over a primary
dune
[[Page 145]]
designated and marked as a dunes crossing.
(2) Oversand permits. No oversand vehicle, other than an authorized
emergency vehicle, shall be operated on a beach or designated oversand
route in the park area except under an oversand permit issued by the
Superintendent.
(i) The Superintendent is authorized to establish a system of
special recreation permits for oversand vehicles and to establish
special recreation permit fees for these permits, consistent with the
conditions and criteria of 36 CFR part 71.
(ii) No permit will be issued for a vehicle:
(A) Which is not equipped to travel over sand and which does not
contain the following equipment to be carried at all times when
traveling on a beach or designated oversand route in the park: shovel,
jack, tow rope or chain, board or similar support for the jack, and low
pressure tire gauge;
(B) Which does not conform to applicable State laws having to do
with licensing, registering, inspecting, and insuring of such vehicles;
(C) Which fails to comply with provisions of Sec. 4.10; and
(D) Which does not meet the following standards: On four-wheel-drive
vehicles and trailers towed by any vehicle:
------------------------------------------------------------------------
Per unit
------------------------------------------------------------------------
Maximum vehicle length...................................... 26 ft.
Maximum vehicle width....................................... 8 ft.
Minimum vehicle ground clearance............................ 7 in.
Gross vehicle weight rating may not exceed.................. 10,000 lb.
Maximum number of axles..................................... 2
Maximum number of wheels (per axle)......................... ..........
------------------------------------------------------------------------
On two-wheel-drive vehicles, in addition to the six items listed
immediately above: Minimum width of tire tread contact on sand, 8 in.
each wheel. Tires with regular mud/snow grip tread, not acceptable.
Provided, That the Superintendent may issue a single trip permit for a
vehicle of greater weight or length when such use is not inconsistent
with the purposes of the regulations.
(iii) Before issuing a permit, the Superintendent may check the
vehicle to determine whether it complies with the requirements of
paragraphs (b)(2)(ii) (A) through (D) of this section.
(iv) Oversand permits are not transferable and shall be carried by
the operator of the vehicle for which it has been issued while traveling
in the park. It shall be displayed as directed by the Superintendent at
the time of issuance.
(3) Authorized and prohibited travel. (i) Except as otherwise
provided in this section and in applicable sections of parts 2 and 4 of
this chapter, travel by oversand vehicles is permitted south of
Assateague State Park, daily throughout the year at any time, on a
designated oversand route bayward of the primary dune and on designated
portions of a beach seaward of the primary dune.
(ii) Travel by motorcycles is permitted only on public highways and
parking areas within the park area.
(iii)(A) Travel by self-contained vehicles is permitted under
paragraph (b)(3)(i) of this section provided that no overnight parking
is allowed on a beach seaward of the primary dunes at any time.
(B) South of Assateague State Park such vehicles may use designated
self-contained areas bayward of the primary dunes for overnight parking.
Except, That towed travel trailers may travel no farther south than the
northern limits of the Big Fox Levels.
(iv) Travel by oversand vehicles, other than authorized emergency
vehicles, is prohibited on the following portions of the park area
subject, however, to existing rights of ingress and egress.
(A) Between the Assateague State Park and the Ocean City Inlet.
(B) On the beach seaward of the primary dune within designated
portions of the North Beach public use complex.
(C) Provided, however, That the Superintendent may establish times
when oversand vehicles may use a portion of the beach in a public use
complex by posting appropriate signs or marking on a map available at
the office of the Superintendent--or both.
(4) Rules of the road. (i) Oversand vehicles shall be operated only
in established tracks on designated portions of the park area. No such
vehicles shall be operated on any portion of a dune except at posted
crossings nor shall such vehicles be driven so as to cut circles or
otherwise needlessly deface the sand.
[[Page 146]]
(ii) Oversand vehicles shall not be parked so as to interfere with
the flow of traffic on designated oversand routes. Such vehicles may not
park overnight on a beach seaward of the primary dune unless one member
of the party is actively engaged in fishing at all times. Towed travel
trailers used as self-contained vehicles in the off-road portion of the
park area may not be parked on a beach seaward of the primary dunes.
(iii) Upon approaching or passing within 100 feet of a person on
foot, the operator of an oversand vehicle shall reduce speed to 15 miles
per hour. Speed at other times on any designated oversand route shall
not exceed 25 miles per hour.
(iv) When two vehicles approach from opposite directions in the same
track, both operators shall reduce speed; and the operator with the
ocean on his right shall pull out of the track to allow the other
vehicle to pass.
(v) Passengers shall not ride on the fenders, hood, roof, or
tailgate, or in any other position outside of a moving oversand vehicle;
and such vehicles shall not be used to tow a person on any recreational
device over the sand or in the air or water of the park area.
(vi) During an emergency, the Superintendent may close the park; or
he may suspend for such period as he shall deem advisable any or all of
the foregoing regulations in the interest of public safety; and he may
announce such closure or suspension by whatever means are available.
(c) Personal Watercraft. (1) Personal Watercraft (PWC) are allowed
in Assateague Island National Seashore within the following locations
and under the following conditions:
(i) Ocean City Inlet: PWC may operate, transit, launch in water or
beach on land between the north shore of Assateague Island and the south
margin of the established Ocean City Inlet channel, between Lighted Buoy
10 at approximate latitude 38.19.30N, longitude 75.05.30W and Lighted
Buoy 11 at approximate latitude 38.19.16N, longitude 75.09.0W
(ii) Chincoteague Bay: PWC may operate, transit or launch in waters
between the established Park boundary and the western shore of
Assateague Island, from Assateague Point north to that portion of Horse
Marsh located due east of the Memorial Park boat ramp on Chincoteague
Island.
(iii) Oceanside: PWC are allowed to beach along the ocean side of
the island only in the case of personal injury or mechanical failure.
(2) The Superintendent may temporarily limit, restrict or terminate
access to the areas designated for PWC use after taking into
consideration public health and safety, natural and cultural resource
protection, and other management activities and objectives.
[35 FR 45, Jan. 3, 1970, as amended at 39 FR 31633, Aug. 30, 1974; 41 FR
15008, Apr. 9, 1976; 48 FR 30295, June 30, 1983; 52 FR 10686, Apr. 2,
1986; 68 FR 32375, May 30, 2003]
Sec. 7.66 North Cascades National Park.
(a) Bait for fishing. The use of nonpreserved fish eggs is
permitted.
(b) Snowmobiles. After consideration of existing special situations,
i.e., depth of snow, and depending on local weather conditions, the
superintendent may designate as open to the use of snowmobiles the
following locations within the National Park:
(1) The Cascade River Road between the park boundary and the Cascade
Pass Trailhead parking area.
(2) The Stehekin Valley Road between the park boundary and
Cottonwood Camp.
[34 FR 11545, July 12, 1969, as amended at 49 FR 19652, May 9, 1984]
Sec. 7.67 Cape Cod National Seashore.
(a) Off-road operation of motor vehicles.
(1) What do I need to do to operate a vehicle off road? To operate a
vehicle off road at Cape Cod National Seashore, you must meet the
requirements in paragraphs (b) through (e) of this section. You also
must obtain a special permit if you:
(i) Will use an oversand vehicle (see paragraphs (a)(6) and (a)(7)
of this section for details);
(ii) Will use an oversand vehicle to camp (see paragraph (a)(8) of
this section for details); or
(iii) Are a commercial operator (see paragraph (a)(9) of this
section for details).
[[Page 147]]
(2) Where and when can I operate my vehicle off road? You may
operate a vehicle off road only under the conditions specified in the
following table. However, the Superintendent may close any access or
oversand route at any time for weather, impassable conditions due to
changing beach conditions, or to protect resources.
------------------------------------------------------------------------
Route When you may use the route
------------------------------------------------------------------------
On the outer beach between the opening April 15 through November 15,
to Hatches Harbor, around Race Point except Exit 8 to High Head
to High Head, including the North and which is closed April 1
South Beach access routes at Race through July 20.
Point and the bypass route at Race
Point Light.
Off road vehicle corridor from Exit 8 July 21 through November 15.
to High Head.
Access road at High Head from the January 1 through December 31.
inland parking area to the primary
dune.
Designated dune parking area at High January 1 through December 31.
Head (for fishing only).
Power Line Route access and fishing Only when the Superintendent
parking area. opens the route due to high
tides, beach erosion,
shorebird closure or other
circumstances which will, as a
result, warrant public use of
this access way.
On controlled access routes for January 1 through December 31.
residents or caretakers of individual
dune cottages in the Province Lands.
On commercial dune taxi routes April 15 through November 15.
following portions of the outer beach
and cottage access routes as described
in the appropriate permit.
On the outer beach from High Head to July 1 through August 31.
Head of the Meadow.
Coast Guard beach in Truro to Long Nook April 15 through November 15
beach. (hours posted).
------------------------------------------------------------------------
(3) May I launch a boat from a designated route? Boat trailering and
launching by a permitted vehicle from a designated open route corridor
is permitted.
(4) What travel restrictions and special rules must I obey? You must
comply with all applicable provisions of this chapter, including part 4,
as well as the specific provisions of this section.
(i) On the beach, you must drive in a corridor extending from a
point 10 feet seaward of the spring high tide drift line to the berm
crest. You may drive below the berm crest only to pass a temporary cut
in the beach, and you must regain the crest immediately following the
cut. Delineator posts mark the landward side of the corridor in critical
areas.
(ii) On an inland oversand route, you must drive only in a lane
designated by pairs of delineator posts showing the sides of the route.
(iii) An oversand route is closed at any time that tides, nesting
birds, or surface configuration prevent vehicle travel within the
designated corridor.
(iv) When two vehicles meet on the beach, the operator of the
vehicle with the water on the left must yield, except that self-
contained vehicles always have the right of way.
(v) When two vehicles meet on a single-lane oversand route, the
operator of the vehicle in the best position to yield must pull out of
the track only so far as necessary to allow the other vehicle to pass
safely, and then must back into the established track before resuming
the original direction of travel.
(vi) If you make a rut or hole while freeing a stuck vehicle, you
must fill the rut or hole before you remove the vehicle from the
immediate area.
(5) What activities are prohibited? The following are prohibited:
(i) Driving off a designated oversand route.
(ii) Exceeding a speed of 15 miles per hour unless posted otherwise.
(iii) Parking a vehicle in an oversand route so as to obstruct
traffic.
(iv) Riding on a fender, tailgate, roof, door or any other location
on the outside of a vehicle.
(v) Driving a vehicle across a designated swimming beach at any time
when it is posted with a sign prohibiting vehicles.
(vi) Operating a motorcycle on an oversand route.
(6) What special equipment must I have in my vehicle? You must have
in your vehicle all the equipment required by the Superintendent,
including:
(i) Shovel;
(ii) Tow rope, chain, cable or other similar towing device;
(iii) Jack;
[[Page 148]]
(iv) Jack support board;
(v) Low air pressure tire gauge; and
(vi) Five tires that meet or exceed established standards.
(7) What requirements must I meet to operate an oversand vehicle?
You may operate an oversand vehicle only if you first obtain an oversand
permit from the Superintendent. The Superintendent administers the
permit system for oversand vehicles and charges fees that are designed
to recover NPS administrative costs.
(i) The oversand permit is a Special Use Permit issued under the
authority of 36 CFR 1.6 and 4.10. You must provide the following
information for each vehicle for which you request a permit:
(A) Name and address of registered owner;
(B) Driver's license number and State of issue;
(C) Vehicle license plate number and State of issue; and
(D) Vehicle description, including year, make, model and color;
make, model and size of tires.
(ii) Before we issue a permit, you must:
(A) Demonstrate that your vehicle is equipped as required in
paragraph (a)(6) of this section;
(B) Provide evidence that you have complied with all Federal and
State licensing registering, inspecting and insurance regulations; and
(C) View an oversand vehicle operation educational program and
ensure that all other potential operators view the same program.
(iii) The Superintendent will affix the permit to your vehicle at
the time of issuance.
(iv) You must not transfer your oversand permit from one vehicle to
another.
(8) What requirements must I meet to operate an oversand vehicle in
the off season? To operate an oversand vehicle between November 16 and
April 14, you must obtain from the Superintendent an oversand permit and
a limited access pass. We will issue you a limited access pass if you
have a valid oversand permit (see paragraph (a)(7) of this section) and
if you have viewed an educational program that outlines the special
aspects of off season oversand use.
(i) You may operate a vehicle during the off-season only on the
portion of the beach between High Head and Hatches Harbor.
(ii) You must not operate a vehicle during the off-season within two
hours either side of high tide.
(iii) We may issue a limited access pass for the following purposes:
(A) Access to town shellfish beds at Hatches Harbor;
(B) Recovery of personal property, flotsam and jetsam from the
beach;
(C) Caretaker functions at a dune cottage; or
(D) Fishing.
(9) What requirements must I meet to use an oversand vehicle for
camping? You may use an oversand vehicle to camp on the beach only in
the manner authorized in this section or as authorized by the
Superintendent through another approved permitting process.
(i) You must possess a valid permit issued under paragraph (a)(7) of
this section.
(ii) You may camp only in a self-contained vehicle that you park in
a designated area. A self-contained vehicle has a self-contained water
or chemical toilet and a permanently installed holding tank with a
minimum capacity of 3 days waste material. There are two designated
areas with a maximum combined capacity of 100 vehicles.
(A) You must drive the self-contained vehicle off the beach to empty
holding tanks at a dumping station at intervals of no more than 72
hours.
(B) Before returning to the beach, you must notify the Oversand
Station as specified by the Superintendent.
(iii) You must not drive a self-contained vehicle outside the limits
of a designated camping area except when entering or leaving the beach
by the most direct authorized route.
(iv) You are limited to a maximum of 21 days camping on the beach
from July 1 through Labor Day.
(10) What special requirements must I meet if I have a commercial
vehicle? (i) To operate a passenger vehicle for hire on a designated
oversand route, you must obtain a permit from the Superintendent. The
Superintendent issues the permit under the authority of 36 CFR 1.6, 4.10
and 5.6.
[[Page 149]]
(ii) You must obey all applicable regulations in this section and
all applicable Federal, State and local regulations concerning vehicles
for hire.
(iii) You must provide the following information for each vehicle
that will use a designated oversand route:
(A) Name and address of tour company and name of company owner;
(B) Make and model of vehicle;
(C) Vehicle license plate number and State of issue; and
(D) Number of passenger seats.
(11) How will the Superintendent manage the off-road vehicle
program? (i) The Superintendent will issue no more than a combined total
of 3400 oversand permits annually, including self-contained permits.
(ii) The Superintendent will monitor the use and condition of the
oversand routes to review the effects of vehicles on natural, cultural,
and aesthetic resources in designated corridors. If the Superintendent
finds that resource degradation or visitor impact is occurring, he/she
may amend, rescind, limit the use of, or close designated routes. The
Superintendent will do this consistent with 36 CFR 1.5 and 1.7 and all
applicable Executive Orders;
(iii) The Superintendent will consult with the Cape Cod National
Seashore Advisory Commission regarding management of the off-road
vehicle program.
(iv) The Superintendent will recognize and use volunteers to provide
education, inventorying, monitoring, field support, and other activities
involving off-road vehicle use. The Superintendent will do this in
accordance with 16 U.S.C. 18 g-j.
(v) The Superintendent will report annually to the Secretary of the
Interior and to the public the results of the monitoring conducted under
this section, subject to availability of funding.
(12) What are the penalties for violating the provisions of this
section? Violation of a term or condition of an oversand permit issued
in accordance with this section is prohibited. A violation may also
result in the suspension or revocation of the permit.
(13) Has OMB approved the collection of information in this section?
As required by 44 U.S.C. 3501 et seq., the Office of Management and
Budget has approved the information collection requirement contained in
this section. The OMB approval number is 1024-0026. We are collecting
this information to allow the Superintendent to issue off-road vehicle
permits. You must provide the information in order to obtain a permit.
(b) Aircraft. (1) Land based aircraft may be landed only at the
Provincetown Airport approximately one-half mile south of Race Point
Beach in the Provincelands area.
(2) Float equipped aircraft may be landed only on federally
controlled coastal water in accordance with Federal, State, and local
laws and regulations.
(c) Motorboats. Motorboats are prohibited from all federally owned
ponds and lakes within the seashore in Truro and Provincetown.
(d) Shellfishing. Shellfishing, by permit from the appropriate town,
is permitted in accordance with applicable Federal, State, and local
laws.
(e) Public nudity. Public nudity, including public nude bathing, by
any person on Federal land or water within the boundaries of Cape Cod
National Seashore is prohibited. Public nudity is a person's intentional
failure to cover with a fully opaque covering that person's own
genitals, pubic areas, rectal area, or female breast below a point
immediately above the top of the areola when in a public place. Public
place is any area of Federal land or water within the Seashore, except
the enclosed portions of bathhouses, restrooms, public showers, or other
public structures designed for similar purposes or private structures
permitted within the Seashore, such as trailers or tents. This
regulation shall not apply to a person under 10 years of age.
(f) Hunting. (1) Hunting is allowed at times and locations
designated by the Superintendent as open to hunting.
(2) Except as otherwise provided in this section, hunting is
permitted in accordance with Sec. 2.2 of this chapter.
(3) Only deer, upland game (including Eastern Wild Turkey), and
migratory waterfowl may be hunted.
(4) Hunting is prohibited from March 1st through August 31st each
year, except for the taking of Eastern Wild
[[Page 150]]
Turkey as designated by the Superintendent.
(5) The Superintendent may:
(i) Require permits and establish conditions for hunting; and
(ii) Limit, restrict, or terminate hunting access or activities
after taking into consideration public health and safety, natural and
cultural resource protection, and other management activities and
objectives.
(6) The public will be notified of such limitations, restrictions,
closures, or other hunting related designations through one or more
methods listed in Sec. 1.7(a) of this chapter.
(7) Violating a closure, designation, use or activity restriction or
a term or condition of a permit is prohibited. Violating a term or
condition of a permit may result in the suspension or revocation of the
permit by the Superintendent.
[35 FR 8446, May 29, 1970, as amended at 40 FR 12789, Mar. 21, 1975; 40
FR 19197, May 2, 1975; 49 FR 18451, Apr. 30, 1984; 50 FR 31181, Aug. 1,
1985; 63 FR 9147, Feb. 24, 1998; 77 FR 9855, Feb. 21, 2012]
Sec. 7.68 Russell Cave National Monument.
(a) Caves--(1) Closed Areas. Entering, exploring, or remaining
within any cave area other than the public archeological exhibit without
prior written permission of the Superintendent is prohibited.
(2) Permits. Permits for entry into other than public exhibit areas
of the cave will be issued within limitations of safety provided the
applicant satisfies the Superintendent that he has proper equipment for
cave exploration, such as lighting equipment, protective headwear, and
appropriate shoes or boots. Other reasonable administrative requirements
may be imposed by the Superintendent provided reasonable notice of these
requirements is given to the applicant.
(3) Solo Exploration. Solo exploration is not permitted in the caves
other than in the public archeological exhibit areas.
[35 FR 7557, May 15, 1970]
Sec. 7.69 Ross Lake National Recreation Area.
(a) Snowmobiles. After consideration of existing special situations,
i.e., depth of snow, and depending on local weather conditions, and
subject to any and all restrictions or prohibitions further imposed by
the State of Washington on Highway 20, the superintendent may designate
as open to the use of snowmobiles the following locations within the
Ross Lake National Recreation Area:
(1) State Highway 20, that portion normally closed to motor vehicles
during the winter season.
(2) The Hozomeen entrance road from the U.S./Canadian border to the
end of the road at East Landing.
(3) Access and circulatory roads in the Hozomeen developed area
normally open to public motor vehicle use.
(4) The Thornton Lake Road from State Highway 20 to Thornton Lake
Trailhead parking area.
(5) The Damnation Creek Road from its junction with the Thornton
Lake Road to the North Cascades National Park boundary.
(6) The Newhalem Creek Road from State Highway 20 to its junction
with the down-river road on the south side of the Skagit River.
(7) The down-river road on the south side of the Skagit River from
its junction with the Newhalem Creek Road to the end of the road across
the Skagit River from the mouth of Sky Creek.
(b) Aircraft. The operation of aircraft is allowed on the entire
water surface of Diablo Lake and Ross Lake, except that operating an
aircraft under power on water surface areas within 1,000 feet of Diablo
Dam or Ross Dam or on those posted as closed for fish spawning is
prohibited.
(c) Weapons. The following location is designated for target
practice between the hours of sunrise and sunset, subject to all
applicable Federal, State, and local laws: in the SE \1/4\ of sec. 19,
and the NE \1/4\ of sec. 30, T. 37 N., R. 12 E., WM, approximately 200
yards northwest of State Route 20 near mile marker 119, the area known
as the Newhalem rifle range.
[49 FR 19652, May 9, 1984, as amended at 50 FR 51856, Dec. 20, 1985; 54
FR 48869, Nov. 28, 1989]
[[Page 151]]
Sec. 7.70 Glen Canyon National Recreation Area.
(a) Designated airstrips. (1) Wahweap, latitude
36[deg]59[min]45[sec] N., longitude 111[deg]30[min]45[sec] W.
(2) Bullfrog, latitude 37[deg]33[min]00[sec] N., longitude
110[deg]42[min]45[sec] W.
(3) Halls Crossing, latitude 37[deg]28[min]10[sec] N., longitude
110[deg]42[min]00[sec] W.
(4) Hite, latitude 37[deg]53[min]30[sec] N., longitude
110[deg]23[min]00[sec] W.
(5) Gordon Flats, latitude 38[deg]10[min]30[sec] N., longitude
110[deg]09[min]00[sec] W.
(6) The entire surface of Lake Powell, subject to the restrictions
contained in Sec. 2.17 of this chapter.
(b) Unattended property. Vehicles or boat trailers, or vehicle/boat
trailer combinations, may be left unattended for periods of up to 14
days, when parked in parking areas adjacent to designated boat launching
sites, without the prior permission of the Superintendent. Any vehicle
or boat trailer or vehicle/boat trailer combination which is left in
parking areas adjacent to designated boat launching sites for over 14
days may be impounded by the Superintendent.
(c) Colorado River white-water boat trips. The following regulations
shall apply to all persons using the waters of, or Federally owned land
administered by the National Park Service along the Colorado River
within Glen Canyon National Recreation Area, from the Lees Ferry launch
ramp downstream to the eastern boundary of Grand Canyon National Park:
(1) No person shall operate a vessel engaging in predominantly
upstream travel or having a total horsepower in excess of 55 without a
permit from the Superintendent.
(2) U.S. Coast Guard approved life preservers shall be worn by every
person while traveling in boats or rafts on this section of the river,
or while lining or portaging near rough water. One extra preserver must
be carried on each vessel for each ten (10) passengers.
(3) No person shall conduct, lead or guide a river trip through Glen
Canyon Recreation Area unless such person possesses a permit issued by
the Superintendent of Grand Canyon National Park. The National Park
Service reserves the right to limit the number of such permits issued,
or the number of persons traveling on trips authorized by such permits
when in the opinion of the National Park Service such limitations are
necessary in the interest of public safety or protection of the
ecological and environmental values of the area.
(i) The Superintendent of Grand Canyon National Park shall issue a
permit upon a determination that the person leading, guiding, or
conducting a river trip is experienced in running rivers in white-water
navigation of similar difficulty, and possesses appropriate equipment,
which is identified in the terms and conditions of the permit.
(ii) No person shall conduct, lead, guide, or outfit a commercial
river trip without first securing the above permit and possessing an
additional permit authorizing the conduct of a commercial or business
activity in the recreation area.
(iii) An operation is commercial if any fee, charge, or other
compensation is collected for conducting, leading, guiding, or
outfitting a river trip. A river trip is not commercial if there is a
bona fide sharing of actual expenses.
(4) All human waste will be taken out of the Canyon and deposited in
established receptacles, or will be disposed of by such means as is
determined by the Superintendent.
(5) No person shall take a dog, cat, or other pet on a river trip.
(6) The kindling of a fire is permitted only on beaches. All fires
must be completely extinguished only with water before abandoning the
area.
(7) Swimming and bathing are permitted except in locations
immediately above rapids, eddies, and riffles or near rough water.
(8) No camping is allowed along the Colorado River bank between the
Lees Ferry launch ramp and the Navajo Bridge.
(9) All persons issued a river trip permit shall comply with all
terms and conditions of the permit.
(d) Assembly and launching of river rafts and boats. The following
regulations shall apply to all persons designated under paragraph (e) of
this section (Colorado white-water trips):
(1) The assembly and launching of rafts or boats, and parking or
storing of any related equipment or supplies is
[[Page 152]]
restricted to those areas designated by the Superintendent.
(2) Within such designated areas, the Superintendent may assign or
limit space and designate time periods of operation for each individual
river trip or operator.
(e) PWC. (1) A person may launch and operate a PWC in park waters or
beach a PWC on park lands, except in the following areas:
(i) On the Colorado River between Glen Canyon Dam and the downstream
river boundary of Glen Canyon National Recreation Area where it adjoins
Grand Canyon National Park.
(ii) On the Colorado River upstream of Sheep Canyon.
(iii) On the San Juan River upstream of Clay Hills pullout.
(iv) On the Escalante River upstream of Coyote Creek.
(v) On the Dirty Devil River upstream of Utah Highway 95 bridge.
(2) A person may not operate a PWC at speed in excess of flat wake
speed on the Escalante River from Cow Canyon to Coyote Creek.
(3) After December 31, 2012, no one may operate a PWC that does not
meet the 2006 emission standards set by EPA for the manufacturing of
two-stroke engines. A person operating a PWC that meets the EPA 2006
emission standards through the use of direct injection two-stroke or
four-stroke engines, or the equivalent thereof, is not subject to this
prohibition and will be allowed to operate as described in this section.
(4) The Superintendent may temporarily limit, restrict or terminate
access to the areas designated for PWC use after taking into
consideration public health and safety, natural and cultural resource
protection, and other management activities and objectives.
(f) Motor vehicle use. Operating a motor vehicle is allowed within
the boundaries of Glen Canyon National Recreation Area under the
conditions in this paragraph (f).
(1) What terms do I need to know? In addition to the definitions
found in Sec. 1.4 of this chapter, the following definitions apply to
this paragraph (f) only:
Conventional motor vehicle means any motor vehicle that is designed
primarily for operation on streets and highways, and that is licensed
and registered for interstate travel. Automobiles, vans, highway
motorcycles (including dual-sports motorcycles licensed for use on a
highway), sport utility vehicles (SUVs), recreational vehicles (RVs),
pickup trucks, and buses are examples of conventional motor vehicles.
GMP road means a paved or unpaved park road that is identified in
the Glen Canyon 1979 General Management Plan as open to motor vehicle
travel. There are no park roads within the recreation area other than
GMP roads.
Off-highway vehicle (OHV) means any motor vehicle designed primarily
for off-road travel that is not licensed and registered for interstate
travel. ATVs (excluding street legal ATVs, as defined below), dirt
bikes, sand rails, side-by-sides, and dune buggies are examples of OHVs.
Orange Cliffs Special Management Unit means the area identified as
the Orange Cliffs Special Management Unit in the Canyonlands National
Park and Orange Cliffs Unit of Glen Canyon National Recreation Area
Backcountry Management Plan (NPS 1995).
Street-legal all-terrain vehicle (ATV) means an ATV that qualifies
under Arizona or Utah motor vehicle and traffic code to be operated on
state roads and highways.
(2) Off-road motor vehicle permit requirement. (i) The provisions in
this paragraph (f)(2) are effective beginning on May 17, 2021.
(ii) A special use permit issued and administered by the
superintendent is required to operate a motor vehicle off GMP roads at
designated locations in the recreation area. Operating a motor vehicle
off GMP roads in the recreation area without a permit is prohibited
except for designated ORV routes that do not require a permit as
indicated in Table 1 to paragraph (f)(3)(ii).
(iii) Annual permits are valid for one calendar year from the day
they are issued. Shorter-term permits are valid from the day issued for
the stated duration of the permit.
(iv) A permit applicant must acknowledge that he or she understands
and agrees to abide by the rules governing off-road vehicle use in the
recreation area.
[[Page 153]]
(v) Each motor vehicle permitted to operate off GMP roads must
display an NPS decal issued by the superintendent and affixed to the
vehicle in a manner and location specified by the superintendent.
(vi) Permits may be requested at recreation area headquarters,
recreation area visitor centers, on the recreation area's website, or at
other locations designated by the superintendent.
(vii) Violating any term, condition, or requirement of an off-road
vehicle permit is prohibited and may result in the suspension or
revocation of the permit and the denial of future permits, in addition
to the penalties provided by Sec. 1.3 of this chapter.
(3) Designated off-road motor vehicle locations. (i) The operation
of a motor vehicle off GMP roads within the recreation area is
prohibited except at the locations designated by this paragraph (f).
Designated locations and vehicle-free zones are identified on maps
available at the recreation area headquarters, visitor contact stations,
and on the recreation area's website.
(ii) Motor vehicles may be used off GMP roads at the locations and
subject to the management prescriptions in the table below, except for
vehicle-free zones where off-road vehicle use is prohibited. Permit
requirements in Table 1 to paragraph (f)(3)(ii) are effective beginning
on May 17, 2021.
Table 1 to Paragraph (f)(3)(ii)
----------------------------------------------------------------------------------------------------------------
Designated area or route for off-road
motor vehicle use Approximate size Management prescriptions
----------------------------------------------------------------------------------------------------------------
Lone Rock Beach......................... 250 acres.................. 15 mph speed limit
(unless otherwise posted).
Vehicle-free zone as
posted.
Conventional motor
vehicles, street-legal ATVs, and OHVs
allowed with ORV permit.
Quiet hours between 10
pm and 6 am or as designated by
superintendent.
Lone Rock Beach Play Area............... 180 acres.................. Conventional motor
vehicles, street-legal ATVs, and OHVs
allowed with ORV permit.
OHVs required to
display a red or orange safety flag at
least six by 12 inches in size that is
located at least eight feet off the
ground, or at least 18 inches above the
top of the protective headgear of a
motorcycle or dirt bike operator.
Quiet hours between 10
pm and 6 am or as designated by
superintendent.
Blue Notch.............................. 325 acres.................. Street-legal ATVs
allowed with ORV permit from March 2-
October 31.
Conventional motor
vehicles allowed with ORV permit year-
round.
15 mph speed limit
(unless otherwise posted).
Quiet hours between 10
pm and 6 am or as designated by
superintendent.
Bullfrog North and South................ 2,250 acres................ Street-legal ATVs
allowed with ORV permit from March 2-
October 31.
Conventional motor
vehicles allowed with ORV permit year-
round.
15 mph speed limit
(unless otherwise posted).
Quiet hours between 10
pm and 6 am or as designated by
superintendent.
Vehicle-free zone as
posted.
Copper Canyon........................... 30 acres................... Conventional motor
vehicles and street-legal ATVs allowed
with ORV permit year-round.
15 mph speed limit
(unless otherwise posted).
Quiet hours between 10
pm and 6 am or as designated by
superintendent.
Crosby Canyon........................... 450 acres.................. Street-legal ATVs
allowed with ORV permit from March 2-
October 31.
Conventional motor
vehicles allowed with ORV permit year-
round.
15 mph speed limit
(unless otherwise posted).
Quiet hours between 10
pm and 6 am or as designated by
superintendent.
Dirty Devil............................. 75 acres................... Street-legal ATVs
allowed with ORV permit from March 2-
October 31.
Conventional motor
vehicles allowed with ORV permit year-
round.
15 mph speed limit
(unless otherwise posted).
Quiet hours between 10
pm and 6 am or as designated by
superintendent.
Farley Canyon........................... 275 acres.................. Street-legal ATVs
allowed with ORV permit from March 2-
October 31.
Conventional motor
vehicles allowed with ORV permit year-
round.
15 mph speed limit
(unless otherwise posted).
Quiet hours between 10
pm and 6 am or as designated by
superintendent.
Hite Boat Ramp.......................... 50 acres................... Conventional motor
vehicles and street-legal ATVs allowed
with ORV permit year-round.
15 mph speed limit
(unless otherwise posted).
Quiet hours between 10
pm and 6 am or as designated by
superintendent.
Neskahi................................. 15 acres................... Conventional motor
vehicles and street-legal ATVs allowed
with ORV permit year-round.
15 mph speed limit
(unless otherwise posted).
Quiet hours between 10
pm and 6 am or as designated by
superintendent.
Nokai Canyon............................ 275 acres.................. Conventional motor
vehicles and street-legal ATVs allowed
with ORV permit year-round.
15 mph speed limit
(unless otherwise posted).
[[Page 154]]
Quiet hours between 10
pm and 6 am or as designated by
superintendent.
Paiute Canyon........................... 100 acres.................. Conventional motor
vehicles and street-legal ATVs allowed
with ORV permit year-round.
15 mph speed limit
(unless otherwise posted).
Quiet hours between 10
pm and 6 am or as designated by
superintendent.
Paiute Farms............................ 1,000 acres................ Conventional motor
vehicles and street-legal ATVs allowed
with ORV permit year-round.
15 mph speed limit
(unless otherwise posted).
Quiet hours between 10
pm and 6 am or as designated by
superintendent.
Red Canyon.............................. 50 acres................... Street-legal ATVs
allowed with ORV permit from March 2-
October 31.
Conventional motor
vehicles allowed with ORV permit year-
round.
15 mph speed limit
(unless otherwise posted).
Quiet hours between 10
pm and 6 am or as designated by
superintendent.
Stanton Creek........................... 675 acres.................. Street-legal ATVs
allowed with ORV permit from March 2-
October 31.
Conventional motor
vehicles allowed with ORV permit year-
round.
15 mph speed limit
(unless otherwise posted).
Quiet hours between 10
pm and 6 am or as designated by
superintendent.
Vehicle-free zone as
posted.
White Canyon............................ 325 acres.................. Street-legal ATVs
allowed with ORV permit from March 2-
October 31.
Conventional motor
vehicles allowed with ORV permit year
round.
15 mph speed limit
(unless otherwise posted).
Quiet hours between 10
pm and 6 am or as designated by
superintendent.
Ferry Swale............................. 16 miles................... Conventional motor
vehicles, street-legal ATVs and OHVs
allowed with ORV permit year-round.
25 mph speed limit
(unless otherwise posted).
Middle Moody Canyon Trailhead........... 2 miles....................