[Code of Federal Regulations]
[Title 36, Volume 1, Parts 1 to 199]
[Revised as of July 1, 1997]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR7]
[Page 50-138]
TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
Sec.
7.1 Colonial National Historical Park.
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 Rivers.
7.10 Zion National Park.
7.11 [Reserved]
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 Recreation Area.
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 Monument.
7.27 Fort Jefferson National Monument.
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 [Reserved]
7.45 Everglades National Park.
7.46 [Reserved]
7.47 Carlsbad Caverns National Park.
7.48 Lake Mead National Recreation Area.
7.49 [Reserved]
7.50 Chickasaw Recreation Area.
7.51 Curecanti 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 Coulee Dam Recreation Area.
7.56 Acadia National Park.
7.57 Lake Meredith 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.
[[Page 51]]
7.84 Channel Islands National Park.
7.85 Big Thicket National Preserve.
7.86 Big Cypress National Preserve.
7.87 [Reserved]
7.88 Indiana Dunes National Lakeshore.
7.89--7.90 [Reserved]
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--7.95 [Reserved]
7.96 National Capital Region.
7.97 Golden Gate National Recreation Area.
7.100 Appalachian National Scenic Trail.
Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); Sec. 7.96 also issued
under D.C. Code 8-137 (1981) and D.C. Code 40-721 (1981).
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
Buck Island Reef National Monument, Virgin Islands............ 7.73
Buffalo National River, Ark................................... 7.35
Canyon de Chelly National Monument, Ariz...................... 7.19
Cape Cod National Seashore, Mass.............................. 7.67
Cape Hatteras National Seashore, N.C.......................... 7.58
Carlsbad Caverns National Park, N. Mex........................ 7.47
Cedar Breaks National Monument, Utah.......................... 7.52
Channel Islands National Park, Calif.......................... 7.84
Chickasaw Recreation Area, Okla............................... 7.50
Colonial National Historical Park, Va......................... 7.1
Coulee Dam Recreation Area, Wash.............................. 7.55
Crater Lake National Park, Oreg............................... 7.2
Curecanti Recreation Area, Colo............................... 7.51
Cuyahoga Valley National Recreation Area, Ohio................ 7.17
Death Valley National Monument, 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
Everglades National Park, Fla................................. 7.45
Fire Island National Seashore, N.Y............................ 7.20
Fort Caroline National Memorial, Fla.......................... 7.61
Fort Jefferson National Monument, Fla......................... 7.27
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
Lake Chelan National Recreation Area, Wash.................... 7.62
Lake Mead National Recreation Area, Ariz.-Nev................. 7.48
Lake Meredith Recreation Area, Tex............................ 7.57
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
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
Perry's Victory and International Peace Memorial, Ohio........ 7.31
Petersburg National Battlefield, VA........................... 7.64
Pipestone National Monument, Minn............................. 7.42
Pictured Rocks National Lakeshore, Mich....................... 7.32
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
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 Rivers, Wis......................... 7.9
Theodore Roosevelt National Park, N. Dak...................... 7.54
Upper Delaware Scenic and Recreational River, Pa.-N.Y......... 7.24
Virgin Islands National Park, Virgin Islands.................. 7.74
Voyageurs National Park, Minn................................. 7.33
Whiskeytown Unit, Whiskeytown-Shasta-Trinity National
Recreation Area, Calif....................................... 7.91
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 Colonial National Historical Park.
(a) Boating. Except in emergencies, no privately owned vessel shall
be launched from land within Colonial National Historical Park and no
privately owned vessel shall be beached or landed on land within said
Park.
(b) Commercial passenger--carrying motor vehicles. Permits shall be
required for the operation of commercial passenger-carrying vehicles,
including
[[Page 52]]
taxi-cabs, carrying passengers for hire on any portion of the Colonial
Parkway. The fees for such permits shall be as follows:
(1) Annual permit for the calendar year: $3.50 for each passenger-
carrying seat in the vehicle to be operated.
(2) Quarterly permit for a period beginning January 1, April 1, July
1, or October 1: $1 for each passenger-carrying seat in the vehicle to
be operated.
(3) Permit good for one day, 5-passenger vehicle: $1.
(4) Permit good for one day, more than 5-passenger vehicle: $3.
[32 FR 16213, Nov. 28, 1967, as amended at 48 FR 30293, June 30, 1983]
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
Secs. 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.
(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
[[Page 53]]
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
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
[[Page 54]]
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, D.C.
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 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
[[Page 55]]
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.
(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
[[Page 56]]
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 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) The following waters are closed to fishing:
(i) Tipsoo Lake.
(ii) Shadow Lake.
(iii) Klickitat Creek above the White River Entrance water supply
intake.
(iv) Laughing Water Creek above the Ohanapecosh water supply intake.
(v) Frozen Lake.
(vi) Reflection Lakes.
(vii) Ipsut Creek above the Ipsut Creek Campground water supply
intake.
(2) Except for artificial fly fishing, the Ohanapecosh River and its
tributaries are closed to all fishing.
(3) There shall be no minimum size limit on fish that may be
possessed.
(4) The daily catch and possession limit for fish taken from park
waters shall be six pounds and one fish, not to exceed 12 fish.
(b) Climbing and hiking. (1) Registration with the Superintendent is
required prior to and upon return from any climbing or hiking on
glaciers or
[[Page 57]]
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.
(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]
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
Secs. 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
[[Page 58]]
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) Snowmobiles. (1) Designated routes open to snowmobile use: The
Summerland Park Snowmobile Trail, the Supply Creek Access Snowmobile
Trail, the plowed portion of the Trail Ridge Road between the West Unit
Visitor Center and the Timber Lake Trailhead, the unplowed portion and
the Trail Ridge Road between the Timber Lake Trailhead and Milner Pass,
and the Bowen Gulch Access Trail. These routes will be marked by signs,
snow poles or other appropriate means.
(2) Detailed descriptions of designated routes and appropriate maps
are available at Park Headquarters, the West Unit Office and the Grand
Lake Entrance Station.
(3) The maximum speed limit is 35 m.p.h. unless changed by the
posting of appropriate signs. On routes open to dual use of both motor
vehicles and snowmobiles, the maximum snowmobile speed limit is 25
m.p.h. All posted speed limits are subject to further limitation as
required under Sec. 4.22 of this chapter. No person shall operate a
snowmobile at a speed in excess of the maximum limits so posted.
(4) 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 the
designated road or parking area is closed to all other motor vehicle use
by the public except on the dual use routes described in paragraph
(f)(5).
(5) Routes open to dual use of both motor vehicles and snowmobiles:
that portion of the Supply Creek Access Snowmobile Trail which extends
along the plowed Trail Ridge Road from the Grand Lake Lodge Road
junction to the Sun Valley Road junction, then along the plowed Sun
Valley Road to the park boundary where it intersects with a plowed Grand
County road; that portion of the plowed Trail Ridge Road between the
West Unit Visitor Center and the Timber Lake Trailhead. On such dual use
routes, the operation of snowmobiles is permitted only along the far
right portion of the plowed roadway and in single-file manner. Dual use
routes will be marked with appropriate signs and snow poles. The maximum
snowmobile speed limit on such dual use routes is 25 m.p.h.
(6) The Superintendent shall determine the opening and closing dates
for use of designated snowmobile routes each year, taking into
consideration the location of wintering wildlife, road plowing schedules
and other factors that may relate to public safety. The Superintendent
shall notify the public of such dates through normal news media
channels. Temporary closure of dual-use routes for public safety reasons
will be initiated through the posting of appropriate signs and/or
barriers when road plowing operations are taking place. Routes will be
open to snowmobile travel when they are considered to be safe for travel
but not necessarily free of safety hazards. Snowmobilers may travel
these routes with the permission of the Superintendent, but at their own
risk.
[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]
[[Page 59]]
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
Secs. 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.
(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
[[Page 60]]
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 Rivers.
(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.
[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]
Effective Date Note: At 62 FR 33751, June 23, 1997, Sec. 7.9 was
amended by adding paragraphs (c) through (f), effective July 23, 1997.
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.
[[Page 61]]
(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. 7.12 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.
[[Page 62]]
(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 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.
[41 FR 29120, July 15, 1976, as amended at 46 FR 40875, Aug. 13, 1981;
52 FR 10686, Apr. 2, 1987]
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
[[Page 63]]
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, 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
[[Page 64]]
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.
(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.22'13.2'' N.
latitude and 110 deg.25'07.2'' 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.22'40'' N. latitude and 110 deg.25'07.2'' 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.18'22.8'' N., at longitude 110 deg.20'04.8'' 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.19'42.0'' N., at longitude 110 deg.12'06.0'' 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.20'03.6'' N., at longitude 110 deg.16'19.2'' 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:
[[Page 65]]
(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.
(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
Secs. 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
[[Page 66]]
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 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) Snowmobiles. (1) The superintendent may, by the posting of
appropriate signs, require persons to register or obtain a permit before
attempting any oversnow travel. The superintendent shall issue a permit
upon ascertaining that suitable winter survival supplies and equipment
are available for human use in the event of mechanical failure. Where a
permit is required, it must be carried on the person, or within the
oversnow vehicle, and shall be exhibited upon request of any authorized
person.
(2) Upon designated routes, snowmobile use shall be limited to the
unplowed roadway, which is defined as that portion of the roadway
located between the road shoulders designated by snow poles or poles,
ropes, and signs erected by the superintendent to regulate snowmobile
activity. The designated routes for snowmobile use shall be:
(i) The Grand Loop Road from its junction with Terrance Springs
Drive to Norris Junction.
(ii) Norris Junction to Canyon Road.
(iii) The Virginia Cascade Drive.
(iv) The Grand Loop Road from Norris Junction to Madison Junction.
(v) The West Entrance Road from the Park Boundary at West
Yellowstone to Madison Junction.
(vi) The Grand Loop Road from Madison Junction to West Thumb.
(vii) The Firehole Canyon Drive.
(viii) The Blacktail Plateau Drive.
(ix) The Fountain Flat Drive.
(x) The South Entrance Road from the South Entrance to West Thumb.
(xi) The Grand Loop Road from West Thumb to its junction with the
East Entrance Road.
(xii) The East Entrance Road from the East Entrance to its junction
with the Grand Loop Road.
(xiii) The Grand Loop Road from its junction with the East Entrance
Road to Canyon Junction.
(xiv) The Canyon Rim Drives.
(xv) The Grand Loop Road from Canyon Junction to Tower Junction.
(xvi) In the developed areas of Madison Junction, Old Faithful,
Grant Village, Lake, Fishing Bridge, Canyon and Norris Junction,
snowmobile routes to scenic points of interest, lodging and other
facilities will be designated by appropriate snow poles and signs; said
routes being limited to the unplowed roadways. The criteria for
determining specific routes in these areas will be: the most direct
access, weather and snow conditions and the elimination of congestion
and improvement of circulation in the interest of public safety.
(m) Swimming. The swimming or bathing in a natural, historical, or
archeological thermal pool or stream that has waters originating
entirely
[[Page 67]]
from a thermal spring or pool is prohibited.
[36 FR 12014, June 24, 1971, as amended at 37 FR 24034, Nov. 11, 1972;
39 FR 9964, Mar. 15, 1974; 43 FR 21460, May 18, 1978; 45 FR 56343, Aug.
25, 1980; 48 FR 30293, June 30, 1983; 52 FR 10686, Apr. 2, 1987; 52 FR
19346, May 22, 1987; 59 FR 43736, Aug. 25, 1994]
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 immediatley 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) Fishing--(1) Open Waters. All streams are closed to fishing
except those designated by the superintendent as trout streams.
(2) Applicability. The provisions of paragraphs (a)(3) through
(a)(7) and (a)(9) of this section apply to all designated trout streams
except fish-for-fun streams and portions of streams that form the park
boundary line. Fishing in fish-for-fun streams is subject to the
provisions of paragraphs (a)(4), (a)(8) and (a)(9) of this section and
fishing in portions of streams that form the park boundary is governed
solely by applicable State law.
[[Page 68]]
(3) Season. The opening date of the trout season and the hours
during which trout fishing is allowed are those established by
applicable State law. Trout season closes October 15 except for
designated fish-for-fun streams.
(4) License. Fishing license requirements imposed by applicable
State law apply to persons fishing in park waters.
(5) Size limit. Trout eight (8) inches or longer may be retained.
Trout under eight (8) inches in length shall be immediately and
carefully returned to the water. There is no size limit on other species
of game fishes.
(6) Creel limits. No person may retain more than five (5) trout per
day nor have more than five (5) trout in possession. Creel limits on
other species of game fishes are those established by applicable State
law.
(7) Lures; bait. Fishing is restricted to an artificial fly or lure
having a single hook.
(8) Fish-for-fun. Trout streams managed in the fish-for-fun program
are designated by the superintendent. These streams are open to trout
fishing all year. Fishing is governed by applicable State law except as
follows:
(i) Fishing is restricted to an artificial fly or lure having a
single barbless hook;
(ii) No trout of any size may be retained. All trout caught shall be
handled carefully and returned immediately to the water; and
(iii) All other species of game fishes may be kept. The season and
creel limit for species other than trout are governed by applicable
State law.
(9) The following are prohibited:
(i) Violating a fishing closure, designation, use or activity
restriction or condition or limit established in this paragraph;
(ii) Violating a provision of applicable State law.
(b) 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 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 travelling 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.
[[Page 69]]
(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) 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]
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 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
[[Page 70]]
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):
<SUP>1</SUP>----------------------------------------------
........................................................................
(Address)
........................................................................
........................................................................
(Address)
<SUP>1</SUP>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.
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
[[Page 71]]
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 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
[[Page 72]]
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)
The undersigned hereby accepts this permit subject to the terms,
covenants, obligations, and reservations, expressed or implied therein.
<SUP>1__________________________________________________________________
</SUP>Two witnesses to signature(s):
--------------------------_____________________________________________
Address ----------------________________________________________________
--------------------------_____________________________________________
Address ----------------________________________________________________
<SUP>1</SUP>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:
........................................................................
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[[Page 73]]
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(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, as amended at 25 FR 3124, Apr. 12, 1960; 25
FR 4992, June 7, 1960; 26 FR 9993, Oct. 25, 1961; 27 FR 2469, Mar. 15,
1962; 27 FR 8543, Aug. 25, 1962; 29 FR 5887, May 5, 1964; 29 FR 7324,
June 5, 1964; 31 FR 11454, Aug. 31, 1966; 34 FR 12341, July 26, 1969; 35
FR 10658. July 1, 1970; 40 FR 25004, June 12, 1975; 48 FR 30294, June
30, 1983; 49 FR 18450, Apr. 30, 1984; 52 FR 10686, Apr. 2, 1987; 60 FR
55791, Nov. 3, 1995]
Sec. 7.17 Cuyahoga Valley National Recreation Area.
(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.
[47 FR 24299, June 4, 1982]
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
[[Page 74]]
of each calender 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.
[24 FR 11042, Dec. 30, 1959, as amended at 32 FR 15710, Nov. 15, 1967;
48 FR 30294, June 30, 1983]
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 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
[[Page 75]]
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.
(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.
[[Page 76]]
(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 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
[[Page 77]]
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 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.
[[Page 78]]
(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.
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
[[Page 79]]
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.
(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