[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:
........................................................................
........................................................................
[[Page 73]]
........................................................................
(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 Beach and Saltaire and the village of
Seaview.
(3) Aircraft may taxi on routes perpendicular to the shoreline to
and from docking facilities at the following locations:
(i) Kismet--located at approximate longitude 73 deg. 12\1/2\' and
approximate latitude 40 deg. 38\1/2\'.
(ii) Lonelyville--located at approximate longitude 73 deg. 11' and
approximate latitude 40 deg. 38\1/2\'.
(iii) Atlantique--located at approximate longitude 73 deg. 10\1/2\'
and approximate latitude 40 deg. 38\1/2\'.
(iv) Fire Island Pines--located at approximate longitude 73 deg.
04\1/2\' and approximate latitude 40 deg. 40'.
(v) Water Island--located at approximate longitude 73 deg. 02' and
approximate latitude 40 deg. 40\1/2\'.
(vi) Davis Park--located at approximate longitude 73 deg. 00\1/2\'
and approximate latitude 40 deg. 41'.
(4) Aircraft operation in the vicinity of marinas, boats, boat
docks, floats, piers, ramps, bird nesting areas, or bathing beaches must
be performed with due caution and regard for persons and property and in
accordance with any posted signs or uniform waterway markers.
(5) Aircraft are prohibited from landing or taking off from any land
surfaces, any estuary, lagoon, marsh, pond, tidal flat, paved surface,
or any waters temporarily covering a beach; except with prior
authorization of the Superintendent. Permission shall be based on the
need for emergency service, resource protection, resource management or
law enforcement.
(6) Aircraft operations shall comply with all Federal, State and
county ordinances and rules for operations as
[[Page 80]]
may be indicated in available navigation charts or other aids to
aviation which are available for the Fire Island area.
(c) Information collection. The information collection requirements
contained in this section have been approved by the Office of Management
and Budget under 44 U.S.C. 3501 et seq. and assigned clearance number
1024-0026. This information is being collected in order for the
superintendent to issue permits and grant administrative benefits. The
obligation to respond is required in order to obtain a benefit.
[42 FR 62483, Dec. 13, 1977, as amended at 44 FR 44493, July 30, 1979;
47 FR 11011, Mar. 15, 1982; 50 FR 24511, June 11, 1985; 52 FR 7376,
7377, Mar. 10, 1987; 52 FR 10686, Apr. 2, 1987]
Sec. 7.21 John D. Rockefeller, Jr. Memorial Parkway.
(a) Snowmobiles. (1) For the purposes of this section, except as
otherwise distinguished in paragraph (a)(5) of this section, the term
``snowmobile'' includes ``snowplanes'', which are self-propelled
vehicles intended for over-the-snow travel, having a curb weight of not
more than 1000 pounds (450 kilograms), mounted on skis in contact with
the snow, and driven by a pusher-propeller.
(2) Designated routes to be open to snowmobile use:
(i) The Ashton-Flagg Ranch Road between the western boundary of the
Parkway and its junction with U.S. Highway 89-287.
(ii) The unplowed portion of U.S. Highway 89-287 between Flagg Ranch
and the south boundary of Yellowstone National Park.
(3) The operation of a snowmobile which makes excessive noise is
prohibited. Excessive noise for tracked snowmobiles is defined as noise
that exceeds 78 decibels and for snowplanes noise that exceeds 86
decibels. Snowplanes operated and registered in the parkway for the
1970-1971 season are excepted. Measurements are made on the ``A''
weighted scale in intensity of a sound level meter measured at a
distance of not less than 50 feet when the snowmobile or snowplane is
being operated at or near full throttle.
(b) [Reserved]
[48 FR 19169, Apr. 28, 1983, as amended at 48 FR 30294, June 30, 1983]
Sec. 7.22 Grand Teton National Park.
(a) Aircraft--Designated airstrip. (1) Jackson Airport, located in
SE\1/4\SE\1/4\ sec. 10, SE\1/4\ and S\1/2\SW\1/4\ sec. 11, S\1/2\ and
NW\1/4\ sec. 14, NW\1/4\NE\1/4\ and E\1/2\ NE\1/4\ sec. 15, T. 42 N., R.
116 W., 6th Principal Meridian.
(2) [Reserved]
(b) Fishing. (1) The following waters are closed to fishing: The
Snake River for a distance of 150 feet below the downstream face of
Jackson Lake Dam; Swan Lake; Sawmill Ponds; Hedrick's Pond; Christian
Ponds; and Cottonwood Creek from the outlet of Jenny Lake downstream to
the Saddle Horse Concession Bridge.
(2) Fishing from any bridge or boat dock is prohibited.
(3) Bait: The use or possession of fish eggs or fish for bait is
prohibited, except it shall be permissible to possess or use the
following dead, nongame fish for bait on or along the shores of Jackson
Lake: Redside shiner, speckled dace, longnose dace, piute sculpin,
mottled sculpin, Utah chub, Utah sucker, bluehead sucker, and mountain
sucker. Authorized marine bait dealers at Jackson Lake may retain live
bait fish in containers: Provided, That such fish have been taken from
Jackson Lake or waters draining into Jackson Lake: And provided further,
That such bait fish are dead when sold.
(c) Stock grazing. (1) Privileges for the grazing of domestic
livestock based on authorized use of certain areas at the time of
approval of the Act of September 14, 1950 (64 Stat. 849, Pub. L. 787),
shall continue in effect or shall be renewed from time to time, except
for failure to comply with such terms and conditions as may be
prescribed by the Superintendent in these regulations and after
reasonable notice of default and subject to the following provisions of
tenure:
(i) Grazing privileges appurtenant to privately owned lands located
within the park shall not be withdrawn until title to the lands to which
such privileges are appurtenant shall have vested in the United States
except for failure
[[Page 81]]
to comply with the regulations applicable thereto after reasonable
notice of default.
(ii) Grazing privileges appurtenant to privately owned lands located
outside the park shall not be withdrawn for a period of twenty-five
years after September 14, 1950, and thereafter shall continue during the
lifetime of the original permittee and his heirs if they were members of
his immediate family as described herein, except for failure to comply
with the regulations applicable thereto after reasonable notice of
default.
(iii) Members of the immediate family are those persons who are
related to and directly dependent upon a person or persons, living on or
conducting grazing operations from lands, as of September 14, 1950,
which the National Park Service recognized as base lands appurtenant to
grazing privileges in the park. Such interpretation excludes mature
children who, as of that date, were established in their own households
and were not directly dependent upon the base lands and appurtenant
grazing recognized by the National Park Service.
(iv) If title to base lands lying outside the park is conveyed, or
such base lands are leased to someone other than a member of the
immediate family of the permittee as of September 14, 1950, the grazing
preference shall be recognized only for a period of twenty-five years
from September 14, 1950.
(v) If title to a portion or part of the base land either outside or
inside the park is conveyed or such base lands are leased, the new owner
or lessee will take with the land so acquired or leased, such proportion
of the entire grazing privileges as the grazing capacity in animal unit
months of the tract conveyed or leased bears to the original area to
which a grazing privilege was appurtenant and recognized. Conveyance or
lease of all such base lands will automatically convey all grazing
privileges appurtenant thereto.
(vi) Grazing privileges which are appurtenant to base lands located
either inside or outside the park shall not be conveyed separately
therefrom.
(2) Where no reasonable ingress or egress is available to permittees
or nonpermittees who must cross Park lands to reach grazing allotments
on non-Federal lands within the exterior boundary of the Park or
adjacent thereto, the Superintendent will grant, upon request a
temporary nonfee annual permit to herd stock on a designated driveway
which shall specify the time to be consumed in each single drive. The
breach of any of the terms or conditions of the permit shall be grounds
for termination, suspension, or reduction of these privileges.
(3) Grazing preferences are based on actual use during the period
March 15, 1938 through September 14, 1950 and no increase in the number
of animals or animal unit months will be allowed on Federal lands in the
park.
(4)(i) A permittee whose grazing privilege is appurtenant to
privately owned lands within the park will be granted total nonuse or
reduced benefits for one or more years without nullifying his privilege
in subsequent years.
(ii) A permittee whose privilege is appurtenant to base lands
outside the park may be granted total nonuse on a year to year basis not
to exceed three consecutive years. Total nonuse beyond this time may be
granted if necessitated for reasons clearly outside the control of the
permittee. Total unauthorized nonuse beyond three consecutive years will
result in the termination and loss of all grazing privileges.
(iii) Whenever partial or total non-use is desired, an application
must be made in writing to the Superintendent.
(5) Grazing fees shall be the same as those approved for the Teton
National Forest and will be adjusted accordingly.
(6) Permittees or nonpermittees who have stock on Federal lands
within the park at any time or place, when or where herding or grazing
is unauthorized may be assessed fifty cents per day per animal as
damages.
(7) The Superintendent may accept a written relinquishment or waiver
of any privileges; however, no such relinquishment or waiver will be
effective without the written consent of the owner or owners of the base
lands.
(8) Permits. Terms and conditions. The issuance and continued
effectiveness of all permits will be subject, in
[[Page 82]]
addition to mandatory provisions required by Executive Order or law, to
the following terms and conditions:
(i) The permittee and his employees shall use all possible care in
preventing forest and range fires, and shall assist in the extinguishing
of forest and range fires on, or within, the vicinity of the land
described in the permit, as well as in the preservation of good order
within the boundaries of the park.
(ii) The Superintendent may require the permittee before driving
livestock to or from the grazing allotment to gather his livestock at a
designated time and place for the purpose of counting the same.
(iii) Stock will be allowed to graze only on the allotment
designated in the permit.
(iv) The permittee shall file with the Superintendent a copy of his
stock brand or other mark.
(v) The permittee shall, upon notice from the Superintendent that
the allotment designated in the permit is not ready to be grazed at the
beginning of the designated grazing season, place no livestock on the
allotment for such a period as may be determined by the Superintendent
as necessary to avoid damage to the range. All, or a portion of the
livestock shall be removed from the area before the expiration of the
designated grazing season if the Superintendent determines further
grazing would be detrimental to the range. The number of stock and the
grazing period may be adjusted by the Superintendent at any time when
such action is deemed necessary for the protection of the range.
(vi) No permit shall be issued or renewed until payment of all fees
and other amounts due the National Park Service has been made. Fees for
permits are due the National Park Service and must be paid at least 15
days in advance of the grazing period. No permit shall be effective to
authorize grazing use thereunder until all fees and other amounts due
the National Park Service have been paid. A pro rata adjustment of fees
will be made in the event of reduction of grazing privileges granted in
the permit, except that not more than 50 percent of the total annual
grazing fee will be refunded in the event reduced grazing benefits are
taken at the election of the permittee after his stock are on the range.
(vii) No building or other structure shall be erected nor shall
physical improvements of any kind be established under the permit except
upon plans and specifications approved by the National Park Service. Any
such facilities, structures, or buildings may be removed or disposed of
to a successor permittee within three months following the termination
of the permit; otherwise they shall become the property of the United
States without compensation therefor.
(viii) The permittee shall utilize the lands covered by the permit
in a manner approved and directed by the Superintendent which will
prevent soil erosion thereon and on lands adjoining same.
(ix) The right is reserved to adjust the fees specified in the
permit at any time to conform with the fees approved for Teton National
Forest, and the permittee shall be furnished a notice of any change of
fees.
(x) All livestock are considered as mature animals at six months of
age and are so counted in determining animal unit months and numbers of
animals.
(xi) The Superintendent may prescribe additional terms and
conditions to meet individual cases.
(9) The breach of any of the terms or conditions of the permit shall
be grounds for termination, suspension, or reduction of grazing
privileges.
(10) Appeals from the decision of the Superintendent to the Regional
Director and from the Regional Director to the Director shall be made in
accordance with the National Park Service Order No. 14, as amended (19
FR 8824) and Regional Director, Order No. 3, as amended (21 FR 1494).
(11) Nothing in these regulations shall be construed as to prevent
the enforcement of the provisions of the general rules and regulations
and the special rules and regulations of the National Park Service or of
any other provisions of said rules and regulations applicable to stock
grazing.
(d) Camping. (1) No person, party, or organization shall be
permitted to camp more than 30 days in a calendar
[[Page 83]]
year in designated sites within the Park.
(2) Except in group campsites and backcountry sites, camping is
limited to six persons to a site.
(3) Registration is required for camping at the Jenny Lake
Campground; camping in this campground shall not exceed 10 days in any
calendar year.
(e) Vessels. (1) Motorboats are prohibited except on Jackson, Jenny,
and Phelps Lakes. On Jenny Lake, motorboats are restricted to motors not
in excess of 7\1/2\ horsepower. Additionally, on Jenny Lake, an
authorized boating concessioner may operate motorboats under conditions
specified by the Superintendent.
(2) Hand-propelled vessels may be used on Jackson, Jenny, Phelps,
Emma Matilda, Two Ocean, Taggart, Bradley, Bearpaw, Leigh, and String
Lakes and on the Snake River, except within 1,000 feet of the downstream
face of Jackson Lake Dam. All other waters are closed to boating.
(3) Sailboats may be used only on Jackson Lake.
(4) No person except an authorized concessioner shall moor or beach
a vessel on the shore of a designated harbor area, except in an
emergency.
(f) Management of elk. The laws and regulations of the State of
Wyoming shall govern elk management as associated with formal reduction
programs. Such Wyoming laws and regulations which are now or will
hereafter be in effect are hereby incorporated by reference as a part of
the regulations in this part.
(g) Snowmobiles. (1) For the purposes of this section, except as
otherwise distinguished in paragraph (i)(6) of this section, the term
``snowmobile'' includes ``snowplanes,'' which are self-propelled
vehicles intended for over-the-snow travel, having a curb weight of not
more than 1000 pounds (450 kilograms), mounted on skis in contact with
the snow, and driven by a pusher-propeller.
(2) Designated routes to be open to snowmobile use: The Spread Creek
Road; the unplowed portion of the Pacific Creek Road; the unplowed
portion of the Ditch Creek Road; the Lost Creek Ranch Road, those
portions of the unplowed roads connecting with the Shadow (Antelope)
Mountain Forest Service Road at Cunningham Cabin, Lost Creek Road and
Antelope Flats Road; the unplowed portions of the Moose-Wilson Road; and
the unplowed portion of the Teton Park Road north of Cottonwood Creek to
a line of markers south of Timbered Island, around the east side of
Timbered Island north to a line of markers at South Jenny Lake Junction,
and then north to Signal Mountain Lodge, except during the period
previous to opening of Potholes-Baseline Flats area when the Teton Park
Road will be open through to Signal Mountain, the Jenny Lake Loop Road,
the Spalding Bay Road, the String Lake Picnic Area Road, the Signal
Mountain Summit Road, the Signal Mountain Launch Ramp Road, and the
Lizard Creek Campground Road.
(3) Designated area open to snowmobile use: The Potholes-Baseline
Flats area east of the Teton Park Road north of Cottonwood Creek, north
of the Bar BC access road, east of Timbered Island, west of the River
Road or as marked at the top of the Snake River Bench, northwest of
Timbered Island as marked to the Teton Park Road and bounded on the
north by the RKO Road.
(4) Designated water surface: The frozen surface of Jackson Lake.
(5) The operation of a snowmobile which makes excessive noise is
prohibited. Excessive noise for tracked snowmobiles is defined as noise
that exceeds 78 decibels and for snowplanes noise that exceeds 86
decibels. Snowplanes operated and registered in the park for the 1970-
1971 season are excepted. Measurements are made on the ``A'' weighted
scale in intensity of a sound level meter measured at a distance of not
less than 50 feet when the snowmobile or snowplane is being operated at
or near full throttle.
[24 FR 11043, Dec. 30, 1959, as amended at 27 FR 9515, Sept. 26, 1962;
32 FR 7772, May 27, 1967; 36 FR 16065, Aug. 19, 1971; 48 FR 19171, Apr.
28, 1983; 48 FR 30294, June 30, 1983; 60 FR 13630, Mar. 14, 1995; 60 FR
55791, Nov. 3, 1995]
Sec. 7.23 Badlands National Park.
(a) Commercial vehicles. (1) Notwithstanding the prohibition of
commercial
[[Page 84]]
vehicles set forth in Sec. 5.6 of this chapter, local commercial
vehicles may operate on the park road between the Northeast entrance and
the Interior entrance in accordance with the provisions of this section.
(2) The term ``Local Commercial Vehicles'', as used in this section,
will include the definition of ``commercial vehicle'' in Sec. 5.6(a),
but specifically includes only those vehicles that originate from, or
are destined to, the following U.S. Postal Service ZIP code areas:
Allen 57714
Belvedere 57521
Cottonwood 57775
Creighton 57729
Interior 57750
Kadoka 57543
Kyle 57752
Long Valley 57547
Owanka 57767
Philip 57567
Scenic 57780
Wall 57790
Wanblee 57577
Wasta 57791
(3) The Superintendent may require a permit and establish terms and
conditions in accordance with Sec. 1.6 of this chapter for the operation
of local commercial vehicles on the park road between the park's
Northeast and Interior entrances. The Superintendent may charge a fee
for any permits issued to commercial vehicles in accordance with a fee
schedule established annually.
(4) The commercial transport on the park road between the Northeast
and Interior entrances of any substance or combination of substances,
including any hazardous substance, hazardous material, or hazardous
waste that requires placarding, or any marine pollutant that requires
marking, as defined in 49 CFR Subtitle B, is prohibited; except for
local bulk deliveries of gasoline, fuel oil and LP gas; provided,
however, that the Superintendent may issue permits for the
transportation of such substance or combination of substances, including
hazardous waste, in emergencies, and may issue permits when such
transportation is necessary for access to lands within or adjacent to
the park area to which access is otherwise not available as provided in
36 CFR 5.6.
(5) The operator of a motor vehicle transporting any hazardous
substance, hazardous material, hazardous waste, or marine pollutant in
accordance with a permit issued under this section, is not relieved in
any manner from complying with all applicable regulations in 49 CFR
Subtitle B, or with any other State or Federal laws and regulations
applicable to the transportation of any hazardous substance, hazardous
material, hazardous waste, or marine pollutant.
(6) The transportation or use of oversize or overweight commercial
vehicles on the park road between the Northeast and Interior entrances
is prohibited; provided, however that the Superintendent may issue
permits for transportation or use of such vehicles and may condition
such permits on the use of special routes within the park in order to
minimize impacts to park facilities and resources and also may issue
permits when the transportation or use of such vehicles is necessary for
access to lands within or adjacent to the park area to which access is
otherwise not available as provided in 36 CFR 5.6.
(7) Operating without, or violating a term or condition of, a permit
issued in accordance with this section is prohibited. In addition,
violating a term or condition of a permit may result in the suspension
or revocation of the permit.
(b) [Reserved]
[62 FR 2580, Jan. 17, 1997]
Sec. 7.24 Upper Delaware Scenic and Recreational River.
Fishing. Fishing in any manner authorized under applicable State law
is allowed.
[53 FR 3748, Feb. 9, 1988]
Sec. 7.25 Hawaii Volcanoes National Park.
(a) Fishing--(1) Commercial fishing. Commercial fishing from
parklands (above the high waterline) other than as provided for below is
prohibited.
(2) Nets. The use of nets in fishing from parklands (above the high
waterline) except for throw nets, is prohibited.
[[Page 85]]
(3) Kalapana extension area; special fishing privileges. (i)
Pursuant to the act of June 20, 1938 (52 Stat. 781; 16 U.S.C. 391b and
396a) Native Hawaiian residents of the villages adjacent to the Kalapana
extension area added to the park by the above act and visitors under
their guidance are granted the exclusive privileges of fishing or
gathering seafood from parklands (above the high waterline) along the
coastline of such extension area. These persons may engage in commercial
fishing under proper State permit.
(ii) For the purposes of this section, the term ``native Hawaiian''
means any descendent of not less than one-half part of the blood of the
races inhabiting the Hawaiian Islands previous to 1778 (Act of June 20,
1938; 52 Stat. 784; 16 U.S.C. 396a).
(b) Backcountry registration. No person shall explore or climb about
the lava tubes or pit craters in the park without first registering with
the superintendent and indicating the approximate length of time
involved in the exploration and the number of people in the party. This
section does not apply to the maintained trail through Thruston Lava
Tube, nor the maintained trail down and across Kilauea Iki pit crater.
[34 FR 9338, June 13, 1969, as amended at 48 FR 30295, June 30, 1983]
Sec. 7.26 Death Valley National Monument.
(a) Mining. Mining in Death Valley National Monument is subject to
the following regulations, which are prescribed to govern the surface
use of claims therein:
(1) The claim shall be occupied and used exclusively for mineral
exploration and development and for no other purpose except that upon
written permission of an authorized officer or employee of the National
Park Service the surface of the claim may be used for other specified
purposes, the use to be on such conditions and for such period as may be
prescribed when permission is granted.
(2) The owner of the claim and all persons holding under him shall
conform to all rules and regulations governing occupancy of the lands
within the National Monument.
(3) The use and occupancy of the surface of mining claims as
prescribed in paragraphs (a) (1) and (2) of this section shall apply to
all such claims located after the date of the act of June 13, 1933 (48
Stat. 139; 16 U.S.C. 447), within the limits of the National Monument as
fixed by Proclamation No. 2028 of February 11, 1933, and enlarged by
Proclamation No. 2228 of March 26, 1937, and to all mining claims on
lands hereafter included in the National Monument, located after such
inclusion, so long as such claims are within the boundaries of said
Monument.
(4) Prospectors or miners shall not open or construct roads or
vehicle trails without first obtaining written permission from an
authorized officer or employee of the National Park Service.
Applications for permits shall be accompanied by a map or sketch showing
the location of the mining property to be served and the location of the
proposed road or vehicle trail. The permit may be conditioned upon the
permittee's maintaining the road or trail in a passable condition as
long as it is used by the permittee or his successors.
(5) From and after the date of publication of this section, no
construction, development, or dumping upon any location or entry, lying
wholly or partly within the areas set forth in paragraphs (a)(5) (i) to
(iii) of this section, shall be undertaken until the plans for such
construction, development, and dumping, insofar as the surface is
affected thereby, shall have been first submitted to and approved in
writing by an authorized officer or employee of the National Park
Service:
(i) All land within 200 feet of the center-line of any public road.
(ii) All land within the smallest legal subdivision of the public
land surveys containing a spring or water hole, or within one quarter of
a mile thereof on unsurveyed public land.
(iii) All land within any site developed or approved for development
by the National Park Service as a residential, administrative, or public
campground site. Such sites shall include all land within the exterior
boundaries thereof as conspicuously posted by the
[[Page 86]]
placing of an appropriate sign disclosing that the boundaries of the
developed site are designated on a map of the site which will be
available for inspection in the office of the Superintendent. If not so
posted, such sites shall include all land within 1,000 feet of any
Federally owned buildings, water and sewer systems, road loops, and camp
tables and fireplaces set at designated camp sites.
(b) Use of water. No works or water system of any kind for the
diversion, impoundment, appropriation, transmission, or other use of
water shall be constructed on or across Monument lands, including mining
claims, without a permit approved by an authorized officer or employee
of the National Park Service. Application for such permit shall be
accompanied by plans of the proposed construction. The permit shall
contain the following conditions: (1) No diversion and use of the water
shall conflict with the paramount general public need for such water;
(2) such water systems shall include taps or spigots at points to be
prescribed by the Superintendent, for the convenience of the public; and
(3) all appropriations of water, in compliance with the State water
laws, shall be made for public use in the name of the United States and
in accordance with instructions to be supplied by an authorized officer
or employee of the National Park Service.
(c) Permits. Application for any permit required by this section
shall be made through the Superintendent of the Monument.
(d) Filing of copies of mining locations. From and after the
publication of this paragraph, in order to facilitate the administration
of the regulations in this part, copies of all mining locations filed in
the Office of the County Recorder shall be furnished to the office of
the Superintendent, Death Valley National Monument, by the person filing
the mining location in his own behalf or on behalf of any other person.
(e) Aircraft. The following are designated as locations where the
operation of aircraft is allowed:
(1) Death Valley Airport, latitude 36 deg.27'50'' N., longitude
116 deg.52'50'' W.
(2) Stovepipe Wells Airport, latitude 36 deg.36'15'' N., longitude
117 deg.09'30'' W.
[24 FR 11044, Dec. 30, 1959, as amended at 49 FR 18450, Apr. 30, 1984]
Sec. 7.27 Fort Jefferson National Monument.
(a) Fishing. No species of coral, shells, shellfish, seafan,
sponges, sea anemones or other forms of marine life found in the waters
of the Monument, shall be taken or disturbed in any manner, except that
fish, crawfish, and the common species of conch, may be taken in
accordance with paragraphs (a) (2) to (7) of this section.
(1) Protection of turtles. Sea turtles and terrapins, turtle or
terrapin nests and their eggs shall not be taken, disturbed or molested
at any time.
(2) Crawfish (Panulirus argus), Florida Lobster, Langouste.
(i) The limit of catch of crawfish shall be two per person per day,
except that the total for any one vessel having more than 12 persons
aboard shall not exceed 25 crawfish.
(ii) The taking or catching of crawfish for commercial purposes is
prohibited at all times.
(3) Conch (Strombus gigas). (i) The taking of Conchs shall be
limited to the species (Strombus gigas), which is also known as Queen
Conch or Pink Conch, and the limit per person, per day, is two Conch,
except that the total for any vessel having more than 12 persons aboard
shall not exceed twenty-five.
(ii) The taking or catching of Conchs for commercial purposes is
prohibited at all times.
(4) Commercial fishing or shrimping or the taking of fish for the
purpose of sale is prohibited in the area of the National Monument
described as follows:
Beginning at Pulaski Shoal Light at latitude 24 deg.41'36'' N.,
longitude 82 deg.46'23'' W., thence on a straight line to a point at
latitude 24 deg.38'00'' N., longitude 82 deg.48'00'' W.; thence on a
straight line to buoy ``N2'' at latitude 24 deg.37'23'' N., longitude
82 deg.49'48'' W.; thence in a straight line to a buoy ``C1'' at
latitude 24 deg.35'35'' N., longitude 82 deg.52'19'' W.; thence in a
straight line to buoy ``N8'' at latitude 24 deg.35'07'' N., longitude
82 deg.54'07'' W.; thence in a straight line to a buoy ``N2'' at
latitude 24 deg.35'06'' N., longitude 82 deg.55'53'' W.; thence in a
straight line to a buoy ``N10'' at latitude 24 deg.36'39'' N., longitude
82 deg.52'27'' W.;
[[Page 87]]
thence in a straight line to a point at latitude 24 deg.40'57'' N.,
longitude 82 deg.54'16'' W.; thence in a straight line to a point at
latitude 24 deg.41'50'' N., longitude 82 deg.53'10'' W.; thence in a
straight line to a point at latitude 24 deg.42'22'' N., longitude
82 deg.51'50'' W.; thence in a straight line to a point at latitude
24 deg.42'53'' N., longitude 82 deg.49'34'' W.; thence in a straight
line to a point at latitude 24 deg.42'44'' N., longitude 82 deg.48'20''
W.; and thence in a straight line to the point of beginning at Pulaski
Shoal Light.
(5)(i) The taking of live bait in the area described in paragraph
(a)(4) of this section is prohibited, except that minnows or
``pilchers'' may be taken by sports fishermen by a cast net not to
exceed 12 feet in diameter, or by hook and line, and that possession is
limited to one day's supply.
(ii) No bait shall be taken for the purpose of sale.
(6) Closed waters: Marine life shall not be disturbed or taken from
the moat or from waters within 500 feet of the moat wall at Garden Key,
or from the cove bounded by Garden, Bush, and Long Keys north of the 5-
foot channel, except that sport fishing in deep water channels and from
any pier within that area is permitted.
(7) The use or possession of spears, gigs, or grains, within the
boundaries of the National Monument, is prohibited at all times.
(b) Designated anchorage. All vessels entering Tortugas Harbor in
the vicinity of Garden Key shall anchor only in the designated anchorage
area of Bird Key Harbor southwest of Garden Key, which is designated
Anchorage Area 202.190 on U.S. Coast and Geodetic Survey Chart No. 585,
except that passenger-carrying vessels and yachts carrying visitors to
historic Fort Jefferson may discharge passengers at the main docking
area of Garden Key and may moor to the piers and anchor in the channel,
harbor, or lagoons in the vicinity of Garden Key for not more than an
eight hour period between sunrise and sunset by permission from the
Superintendent or his representative.
(c) Aircraft; designated landing areas. Aircraft may be landed in
the waters within a radius of 1 nautical mile of the Fort situated at
Garden Key, but approaches, landings, and takeoffs shall not be made
within 300 yards of Bush Key. Seaplanes may be moored or brought up on
land only on the beach north of the main pier at Garden Key. Helicopters
may land at the helipads on the coaling docks.
[25 FR 7102, July 27, 1960, as amended at 29 FR 6155, May 9, 1964; 33 FR
3227, Feb. 21, 1968]
Sec. 7.28 Olympic National Park.
(a) Fishing--(1) General Provisions. All waters within Olympic
National Park are open to fishing in conformance with those seasons and
limits published annually by the Washington State Department of Game and
the Washington State Department of Fisheries applicable in the same
watershed in adjoining counties, except as provided for below.
(i) Possession limit. This shall be the same as the daily limit for
all species; Provided however, it is lawful to possess four steelhead
over 20 inches regardless of weight. In the Queets River and tributaries
the summer season possession limit is two steelhead over 20 inches.
(ii) General summer season. Daily steelhead catch limit shall not
exceed two fish, Provided however:
(A) The Queets River and tributaries shall have a summer season
daily limit of one steelhead over 20 inches in length.
(B) The Quinault River is closed to the taking of steelhead all year
above the confluence of the North and East Forks, but is open in its
entirety during the general summer season to the taking of two rainbow
trout with a minimum six of 10 inches and maximum size of 20 inches.
(2) Salmon Fishing. Salmon fishing is permitted on the following
park waters, exclusive of tributaries, when adjacent State waters are
open:
Dickey River.
Hoh River below confluence of South Fork.
Kalaloch Creek.
Ozette River.
Queets River below Tshletshy Creek.
Quillayute River.
Quinault River below the bridge connecting North Fork and Graves Creek
Roads.
Salmon River.
Seasons and bag limits shall be established annually after consultation
with the State and any affected Indian tribe.
(3) Conservation waters. After consultation with the State and,
where appropriate, the concerned Indian tribe,
[[Page 88]]
the superintendent may, by local publication and conspicuous posting of
signs, alter the season and change daily limits for spawning,
conservation or research purposes.
(4) Closed waters. That portion of the Morse Creek watershed within
the park (except Lake Angeles and P.J. Lake) and that section of
Kalaloch Creek which is used as domestic water supply (as posted) are
closed to fishing. Fishing from boats is prohibited on the Hoh River
upstream from the South Fork Hoh boat launch.
(5) Fishing gear. Fishing with a line, gear or tackle having more
than two spinners, spoons, blades, flashers, or like attractions, or
with more than one rudder, or more than two hooks (single, double, or
treble barbed) attached to such line, gear, or tackle, is prohibited.
(6) Bait. The use of nonpreserved fish eggs is permitted.
(7) License. A license to fish in park waters is not required;
however, an individual fishing for steelhead or salmon in park waters,
except treaty Indians fishing in the exercise of rights secured by
treaties of the United States, shall have in his/her possession a State
of Washington punch card for the species being sought. Steelhead and
salmon shall be accounted for on these cards as required by State
regulations.
(8) Indian treaty fishing. (i) Subject to the limitations set forth
below, all waters within the Olympic National Park which have been
adjudicated to be usual and accustomed fishing places of an Indian
tribe, having treaty-secured off-reservation fishing rights, are open to
fishing by members of that tribe in conformance with applicable tribal
or State regulations conforming to the orders of the United States
District Court.
(ii) Identification cards and tags. Members of the tribes having
treaty-secured fishing rights shall carry identification cards
conforming to the requirements prescribed by the United States District
Court and issued either by the Bureau of Indian Affairs or the
applicable tribe when fishing in accordance with the tribe's reserved
treaty fishing right. Such persons shall produce said card for
inspection upon request of a National Park Service enforcement officer.
A tribally issued identification tag shall be attached to any unattended
fishing gear in park waters.
(iii) Conservation closures and catch limits. The superintendent may
close a stream or any portion thereof to Indian treaty fishing or limit
the number of fish that may be taken when it is found either that it is:
(A) Reasonable and necessary for the conservation of a run as those
terms are used by the United States District Court to determine the
permissible limitations on the exercise of Indian treaty rights; or
(B) Necessary to secure the proper allocation of harvest between
Indian treaty fisheries and other fisheries as prescribed by the court.
(iv) Catch reports. Indian fishermen shall furnish catch reports in
such form as the superintendent, after consultation with the applicable
tribe, shall have prescribed.
(v) Prohibition of fish cultural activities. No fish cultural,
planting, or propagation activity shall be undertaken in park waters
without prior written permission of the superintendent.
(vi) Applicability of other park regulations. Indian treaty fishing
shall be in conformity with National Park Service general regulations in
parts 1-6 of this chapter.
(b) Boating. All vessels are prohibited on park waters except as
provided below:
(1) Hand propelled vessels and sailboats are permitted on park
waters except the following:
Dosewalips River.
(2) Motorboats are permitted on the following waters:
Lake Crescent.
Lake Cushman.
Lake Mills.
Dickey River in coastal strip.
Hoh River in coastal strip.
Quillayute River in coastal strip.
Quinault River below the bridge connecting North Fork and Graves Creek
Roads.
(c) Dogs and cats. Dogs (except guide dogs) and cats are prohibited
on any park land or trail, except on designated park roads and parking
areas or within one-quarter mile of an established automobile campground
or concessioner overnight facility.
(d) [Reserved]
[[Page 89]]
(e) Privately owned lands--(1) Water supply and sewage disposal
systems. The provisions of this paragraph apply to the privately owned
lands within Olympic National Park. The provisions of this paragraph do
not excuse compliance by eating, drinking, or lodging establishments
with Sec. 5.10 of this chapter.
(i) Facilities. (a) Subject to the provisions of paragraph
(e)(1)(iii) of this section, no person shall occupy any building or
structure, intended for human habitation or use, unless such building is
served by water supply and sewage disposal systems that comply with the
standards prescribed by the State and county laws and regulations
applicable in the county within whose exterior boundaries such building
is located.
(b) No person shall construct, rebuild or alter any water supply or
sewage disposal system without a written permit issued by the
Superintendent. The Superintendent will issue such permit only after
receipt of written notification from the appropriate Federal, State, or
county officer that the plans for such system comply with the State or
county standards. There shall be no charge for such permits. Any person
aggrieved by an action of the Superintendent with respect to any such
permit or permit application may appeal in writing to the Director,
National Park Service, U.S. Department of the Interior, Washington, 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 water supply or sewage
disposal system, from time to time, in order to determine whether such
system complies with the State and county standards: Provided, however,
That inspection shall be made only upon consent of the occupant of the
premises or pursuant to a warrant.
(b) Any water supply or sewage disposal system may be inspected
without the consent of the occupant of the premises or a warrant if
there is probable cause to believe that such system presents an
immediate and severe danger to the public health.
(iii) Defective systems. (a) If upon inspection, any water supply
system or sewage disposal system is found by the inspecting officer not
to be in conformance with applicable State and county standards, the
Superintendent will send to the ostensible owner and/or the occupant of
such property, by certified mail, a written notice specifying what steps
must be taken to achieve compliance. If after 1 year has elapsed from
the mailing of such written notice the deficiency has not been
corrected, such deficiency shall constitute a violation of this
regulation and shall be the basis for court action for the vacation of
the premises.
(b) If upon inspection, any water supply or sewage disposal system
is found by the inspecting officer not to be in conformance with
established State and county standards and it is found further that
there is immediate and severe danger to the public health or the health
of the occupants or users, the Superintendent shall post appropriate
notices at conspicuous places on such premises, and thereafter, no
person shall occupy or use the premises on which the system is located
until the Superintendent is satisfied that remedial measures have been
taken that will assure compliance of the system with established State
and county standards.
(2) State forest practice laws. Any person, firm, or corporation
harvesting or cutting timber on privately owned lands within that
portion of Olympic National Park over which jurisdiction has been ceded
by the State of Washington to the United States of America shall comply
with the standards concerning forest practices established from time to
time by or pursuant to the laws of the State of Washington which would
apply to such operations if they were not being conducted in Olympic
National Park and personnel of the Park will consult and cooperate with
State officials in the administration of this regulation. Although
forest practices standards established from time to time by or pursuant
to the laws of the State of Washington shall apply, no person, firm, or
corporation harvesting timber, on such privately owned lands shall be
required to obtain permits or licenses from, or pay fees to, the State
of Washington or its political subdivisions in connection with the
harvesting or cutting of timber on such
[[Page 90]]
lands. Prior to the initiation of harvesting or cutting of timber on
privately owned lands over which jurisdiction has been ceded to the
United States, such operations shall be registered with the
Superintendent of Olympic National Park.
(3) Conflict with Federal laws. If the standards established from
time to time by or pursuant to the laws of the State of Washington,
specified in paragraphs (e) (1) and (2) of this section, are lower than
or conflict with any established by Federal laws or regulations
applicable to privately owned lands within Olympic National Park, the
latter shall prevail.
(f) Snowmobile use. (1) The use of snowmobiles is prohibited except
in areas and on routes designated by the superintendent by the posting
of appropriate signs or by marking on a map available at the office of
the superintendent, or both. The following routes have been designated
for snowmobile use within Olympic National Park:
(i) Staircase Road from the park boundary to the Staircase Ranger
Station.
(ii) Whiskey Bend Road from the function of the Elwha Road to the
Whiskey Bend trailhead.
(iii) Boulder Creek Road from Glines Canyon Dam to the end of the
road.
(iv) North Fork Quinault Road from the end of the plowed portion to
the North Fork Ranger Station.
(v) South Shore Road from the end of the plowed portion to the
Graves Creek Ranger Station.
[24 FR 11045, Dec. 30, 1959, as amended at 34 FR 5844, Mar. 28, 1969; 34
FR 6331, Apr. 10, 1969; 35 FR 10359, June 25, 1970; 35 FR 14133, Sept.
5, 1970; 46 FR 37896, July 23, 1981; 47 FR 54930, Dec. 7, 1982; 48 FR
1488, Jan. 13, 1983; 48 FR 30295, June 30, 1983]
Sec. 7.29 Gateway National Recreation Area.
(a) Operation of motor vehicles. The operation of motor vehicles,
other than authorized emergency vehicles, is prohibited outside of
established public roads and parking areas, except on beaches and
oversand routes designated by the Superintendent by the posting of
appropriate signs and identified on maps available at the office of the
Superintendent. These beaches and routes will be designated after
consideration of the criteria contained in sections 3 and 4 of E.O.
11644, (37 FR 2877) and Sec. 4.10(b) of this chapter.
(b) Off-road vehicle operation. (1) Operation of motor vehicles,
(including the various forms of vehicles used for travel oversand, such
as but not limited to, ``beach buggies'') on beaches or on designated
oversand routes without a permit from the Superintendent is prohibited.
Before a permit will be issued, each vehicle will be inspected to assure
that it contains the following equipment which must be carried in the
vehicle at all times while on the beaches or on the designated oversand
routes:
(i) Shovel;
(ii) Jack;
(iii) Tow rope or chain;
(iv) Board or similar support;
(v) Low pressure tire gauge.
Prior to the issuance of such permits, operators must show compliance
with Federal and State regulations and applicable to licensing,
registering, inspecting, and insuring of such vehicles. Such permits
shall be affixed to the vehicles as instructed at the time of issuance.
(2) Driving off designated, marked oversand routes or beaches is
prohibited.
(3) Vehicles shall not be parked in designated oversand routes or
interfere with moving traffic.
(4) When the process of freeing a vehicle which has been stuck
results in ruts or holes, the ruts or holes shall be filled by the
operator of such vehicle before it is removed from that area.
(5) The operation of a motorcycle on an oversand vehicle route or
beach is prohibited.
(6) The Superintendent may establish limits on the number of
oversand vehicles permitted on designated oversand routes and beaches
when such limitations are necessary in the interest of public safety,
protection of the ecological and environmental values of the area,
coordination with other visitor uses.
(c) Public lewdness. Section 245.00 of the New York Penal Code is
hereby adopted and incorporated into the regulations of this part.
Section 245.00 provides that:
[[Page 91]]
A person is guilty of public lewdness when he intentionally exposes
the private and intimate parts of his body in a lewd manner or commits
any other lewd act (a) in a public place, or (b) in private premises
under circumstances in which he may readily be observed from either a
public place or from other private premises, and with intent that he be
so observed.
[41 FR 19220, May 11, 1976, as amended at 44 FR 44157, July 27, 1979; 52
FR 10686, Apr. 2, 1987]
Sec. 7.30 Devils Tower National Monument.
(a) Climbing. Registration with a park ranger is required prior to
any climbing above the talus slopes on Devils Tower. The registrant is
also required to sign in immediately upon completion of a climb in a
manner specified by the registering ranger.
[42 FR 20462, Apr. 20, 1977]
Sec. 7.31 Perry's Victory and International Peace Memorial.
Snowmobiles. After consideration of existing special situations,
i.e., depth of snow, and depending on local weather conditions, the
superintendent may permit the use of snowmobiles on that portion of land
situated between State Route 357 and the seawall which designates the
north boundary of the Memorial. This route will extend from the extreme
northeast corner of the boundary to the middle of the intersection of
State Route 357 and Toledo Avenue.
[47 FR 55392, Dec. 9, 1982]
Sec. 7.32 Pictured Rocks National Lakeshore.
(a) Snowmobiles. (1) Snowmobile use is permitted on designated
portions of roadways and lakes in Pictured Rocks National Lakeshore. The
designated routes for snowmobiles will be confined to the frozen waters
of Lake Superior, Grand Sable Lake, on the major lakeshore visitor use
roads that are unplowed, or on road shoulders of plowed park roads in
conformance with State law. The designated snowmobile routes are:
(i) The Sand Point Road from the park boundary to Lake Superior.
(ii) The woodlands road from the park boundary off City Limits Road
southwest to Becker Farm and down to the Sand Point Road.
(iii) The road to Miner's Falls, Miner's Castle parking area, and
the Miner's Beach parking area.
(iv) The road from the park boundary in section 32, T48N, R17W, to
the end of the road to Chapel Falls.
(v) The road from Country Road H-58 at the park boundary to the
Little Beaver Lake Campground.
(vi) The road from County Road H-58 to the Twelvemile Beach
Campground.
(vii) The road from County Road H-58 to the Hurricane River
Campground.
(viii) The road from County road H-58 to the Log Slide.
(ix) The section of Michigan Dimension Road from the park boundary
to the Log Slide.
(x) The frozen waters of Lake Superior and Grand Sable Lake.
(2) Maps showing designated routes shall be available at park
headquarters and at ranger stations.
(3) Snowmobile use outside designated routes is prohibited. The
prohibition shall not apply to emergency administrative travel by
employees of the National Park Service or law enforcement agencies.
(b) Fishing. Unless otherwise designated, fishing in a manner
authorized under applicable State law is allowed.
(c) Hunting. The following lakeshore areas are closed to hunting:
(1) Sand Point area. All that portion of Sand Point described as the
area below the top of the bluff in Sections 19 and 30, T47N, R18W, and
that area situated within the corporate limits of the City of Munising,
including the Sand Point Road.
(2) Developed public use areas. (i) The area within 150 yards of any
campsite located within the Little Beaver, Twelvemile Beach, and
Hurricane River Campgrounds.
(ii) The area within 150 yards of the Miners Castle overlooks, paved
walkways and vehicle parking lot. Also 100 feet from the centerline of
the paved Miners Castle Road and the area within 100 feet of Miners
Falls parking lot, trail and associated platforms.
(iii) The area within 100 feet of: the Chapel Falls parking lot; the
Little Beaver backpacker parking lot; the Twelvemile Beach picnic area
parking
[[Page 92]]
lot; the Log Slide parking lot, platforms and walkways; the Grand Sable
Lake picnic area and parking lot; the Grand Sable Lake boat launch and
parking lot; the Grand Sable Lake overlook parking lot.
(iv) The area within 150 yards of any structure at the Au Sable
Light Station, and within 100 feet of the trail between the lower
Hurricane River Campground and the light station.
(v) The area within 150 yards of the Sable Falls parking lot and
building, including the viewing platforms and associated walkway system
to the mouth of Sable Creek. Also included is the area 100 feet from the
centerline of the paved Sable Falls Road.
(vi) The area within 150 yards of: the Grand Sable Visitor Center
parking lot and barn; the structures comprising the Grand Marais
quarters and maintenance facility.
(vii) The 8.6 acre tract comprising structures and lands
administered by the National Park Service on Coast Guard Point in Grand
Marais.
(3) Hunting season. Hunting is prohibited parkwide during the period
of April 1 through Labor Day.
[47 FR 54932, Dec. 7, 1982, as amended at 49 FR 18450, Apr. 30, 1984; 60
FR 47703, Sept. 14, 1995]
Sec. 7.33 Voyageurs National Park.
(a) Fishing. Unless otherwise designated, fishing in a manner
authorized under applicable State law is allowed.
(b) Snowmobiles. (1) The following lakes and trails within Voyageurs
National Park are open to snowmobile use:
(i) The frozen waters of Rainy, Kabetogama, Namakan, Mukooda, Little
Trout and Sand Point Lakes.
(ii) The Moose River Railroad Grade from the park boundary north to
Ash River, and then east to Moose Bay, Namakan Lake.
(iii) The portage trail between Grassy Bay and Little Trout Lake.
(iv) The Chain of Lakes Trail from its intersection with the Black
Bay to Moose Bay portage, across Locator, War Club, Quill, Loiten, and
Shoepack Lakes, to Kabetogama Lake.
(2) Snowmobile use is allowed across the following marked safety
portages: Black Bay to Moose Bay, Lost Bay to Saginaw Bay, Laurins Bay
to Kettle Falls, Squirrel Narrows, Squaw Narrows, Grassy Bay, Namakan
Narrows, Swansons Bay, Mukooda Lake to Sand Point Lake (north), Mukooda
Lake to Sand Point Lake (south), Mukooda Lake to Crane Lake, Tar Point,
Kohler Bay, and Sullivan Bay to Kabetogama Lake.
(3) The Superintendent may determine yearly opening and closing
dates for snowmobile use, and temporarily close trails or lake surfaces,
taking into consideration public safety, wildlife management, weather,
and park management objectives.
(4) Maps showing the designated routes are available at park
headquarters and at ranger stations.
(5) Snowmobile use outside open designated routes and lake surfaces
is prohibited.
(c) Aircraft. (1) Aircraft may be operated on the entire water
surface and frozen lake surface of the following lakes, except as
restricted in paragrah (c)(4) of this section and Sec. 2.17 of this
chapter: Rainy, Kabetogama, Namakan, Sand Point, Locator, War Club,
Quill, Loiten, Shoepack, Little Trout and Mukooda.
(2) Approaches, landings and take-offs shall not be made within 500
feet of any developed facility, boat dock, float, pier, ramp or beach.
(3) Aircraft may taxi to and from a dock or ramp designated for
their use for the purpose of mooring and must be operated with due care
and regard for persons and property and in accordance with any posted
signs or waterway markers.
(4) Areas within the designated lakes may be closed to aircraft use
by the Superintendent taking into consideration public safety, wildlife
management, weather and park management objectives.
[49 FR 18450, Apr. 30, 1984, as amended at 56 FR 3421, Jan. 30, 1991; 60
FR 39258, Aug. 2, 1995]
Sec. 7.34 Blue Ridge Parkway.
(a) Snowmobiles. After consideration of any special situations, i.e.
prescheduled or planned park activities such as conducted hikes or
winter bird and wildlife counts, and depending on
[[Page 93]]
local weather conditions, the Superintendent may allow the use of
snowmobiles on the paved motor road and overlooks used by motor vehicle
traffic during other seasons between U.S. 220, Milepost 121.4 and Adney
Gap, Milepost 136.0. The public will be notified of openings through the
posting of signs.
(b) Fishing. (1) Fishing is prohibited from one-half hour after
sunset until one-half hour before sunrise.
(2) Fishing from the dam at Price Lake or from the footbridge in
Price Lake picnic area in Watauga County, N.C., and from the James River
Parkway Bridge in Bedford and Amherst Counties, Va., is prohibited.
(3) The following waters are subject to the restrictions indicated:
(i) North Carolina. Basin Creek and its tributaries in Doughton
Park; Trout Lake in Moses H. Cone Memorial Park; Ash Bear Pen Pond,
Boone Fork River, Cold Prong Branch, Laurel Creek, Sims Creek, Sims Pond
in Julian Price Memorial Park, and Camp Creek.
(A) On all of the above-designated waters in North Carolina the use
of bait other than artificial lures having a single hook is prohibited,
except that on Basin Creek and its tributaries and Boone Fork River from
Price Lake Dam downstream to the Parkway boundary the use of bait other
than single hook artificial flies is prohibited.
(B) On all of the above-designated waters in North Carolina the
daily creel and size limits shall be posted around the lake shorelines
and along the stream banks.
(ii) Virginia. Peaks of Otter Lake in Bedford County, Va.
(A) On the above-designated water in Virginia the use of bait other
than artificial lures having one single hook is prohibited.
(B) On the above-designated water in Virginia the daily creel and
size limits shall be as posted on the lake shoreline.
(4) Prohibited bait in waters in paragraphs (b)(3) (i) and (ii) of
this section: Possession of or use as bait of insects, worms, and other
similar organic bait or parts thereof adjacent to, on, or in streams or
lakes while in possession of fishing tackle, is prohibited.
(c) Powerless flight. The use of devices designed to carry persons
through the air in powerless flight is allowed at times and locations
designated by the superintendent, pursuant to the terms and conditions
of a permit.
(d) Boating. (1) The use of any vessel, as defined in Sec. 3.1 of
this chapter on the waters of the Blue Ridge Parkway is prohibited
except on the waters of Price Lake.
(2) Vessels using Price Lake shall be restricted to vessels
propelled solely by oars or paddles.
(3) Vessels using Price Lake may be launched only at established or
designated ramps and shall be removed from the water for the night.
Campers shall remove their vessels from the water to their campsites at
night.
[24 FR 11032, Dec. 30, 1959, as amended at 34 FR 11969, July 16, 1969;
36 FR 20945, Nov. 2, 1971; 37 FR 20247, Sept. 28, 1972; 42 FR 61042,
Dec. 1, 1977; 46 FR 39818, Aug. 5, 1981; 48 FR 30295, June 30, 1983; 49
FR 18450, Apr. 30, 1984; 52 FR 10686, Apr. 2, 1987; 52 FR 20388, June 1,
1987]
Sec. 7.35 Buffalo National River.
(a) Fishing. (1) Unless otherwise designated by the Superintendent,
fishing in a manner authorized under applicable State law is allowed.
(2) The Superintendent may designate times when and locations where
and establish conditions under which the digging of bait for personal
use is allowed.
(3) The Superintendent may designate times when and locations where
and establish conditions under which the collection of terrestrial and
aquatic insects for bait for personal use is allowed.
(4) Violating a designation or condition established by the
Superintendent is prohibited.
(b) Frogs, Turtles and Crayfish. (1) The Superintendent may
designate times and locations and establish conditions governing the
taking of frogs, turtles and crayfish for personal use.
(2) Violating a designation or condition established by the
Superintendent is prohibited.
(c) Motorized Vessels. (1) Except for a vessel propelled by a
gasoline, diesel or other internal combustion engine with
[[Page 94]]
a rating of 10 horsepower or less, operating a motorized vessel from
Erbie Ford to the White River is prohibited.
(2) Operating a vessel propelled by a motor is prohibited above
Erbie Ford.
(3) The provisions of paragraph (c) do not apply to a vessel
operated for official use by an agency of the United States, the State
of Arkansas or one of its political subdivisions.
[52 FR 19343, May 22, 1987]
Sec. 7.36 Mammoth Cave National Park.
(a) Fishing--(1) General. Trot and throw lines shall contain hooks
which are spaced at least 30 inches apart.
(2) Seines. (i) The use of seines is permitted only in the following
runs and creeks to catch minnows and crawfish for bait: Bylew, First,
Second, Pine, Big Hollow, Buffalo, Ugly, Cub, Blowing Spring, Floating
Mill Branch, Dry Branch, and Mill Branch.
(ii) Seines shall not exceed 4 x 6 feet and the mesh shall not be
larger than one-quarter inch.
(3) Live bait. (i) Worms are the only form of live bait which may be
used in the Sloans Crossing Pond (also known as Beaver Pond), Green
Pond, Doyle Pond, and First Creek Lake. Live minnows and worms may be
used in all other waters.
(ii) [Reserved]
(b)(1) Cave entry. Except for those portions of the caves open to
the general public, no person shall enter any cave within the boundaries
of the park without first obtaining a permit from the Superintendent.
Permits will be issued to persons who are qualified and experienced in
cave exploration, who possess the needed equipment for safe entry and
travel, and who are engaged in scientific research projects which in the
opinion of the Superintendent are compatible with the purpose for which
the park was established.
(2) Persons on guided cave tours must stay on the established
designated trails and remain with the guides and tour group at all
times. Exploration of side passages, going ahead of the lead guide and
tour group or dropping behind the following guide or tour group is
prohibited.
(3) Persons on ``self-guided'' or ``semi-guided'' cave tours must
stay in the established, designated trails at all times. Exploration of
side passages or taking alternate routes is prohibited.
[36 FR 506, Jan. 14, 1971, as amended at 42 FR 31454, June 21, 1977; 48
FR 30295, June 30, 1983]
Sec. 7.37 Jean Lafitte National Historical Park.
(a) Fishing. (1) Unless otherwise designated, fishing in a manner
authorized under applicable State law is allowed.
(2) Within the Barataria Marsh unit, the superintendent may
designate times and locations and establish conditions governing the
taking of crayfish upon a written determination that the taking of
crayfish:
(i) Is consistent with the purposes for which the unit was
established; and
(ii) Will not be detrimental to other park wildlife or the
reproductive potential of the species to be taken; and
(iii) Will not have an adverse effect on the ecosystem.
(3) Violation of established conditions or designations for the
taking of crayfish is prohibited.
[49 FR 18450, Apr. 30, 1984]
Sec. 7.38 Isle Royale National Park.
(a) Aircraft, designated landing areas. (1) The portion of Tobin
Harbor located in the NE\1/4\ of sec. 4, T. 66 N., R. 33 W.; the SE\1/4\
of sec. 33, T. 67N., R. 33 W., and the SW\1/4\ of sec. 34, T. 67 N., R.
33 W.
(2) The portion of Rock Harbor located in the SE\1/4\ of sec. 13,
the N\1/2\ of sec. 24, T. 66 N., R. 34 W., and the W\1/2\ of sec. 18, T.
66 N., R. 33 W.
(3) The portion of Washington Harbor located in the N\1/2\ of sec.
32, all of sec. 29, SE\1/4\ of sec. 30, and the E\1/2\ of sec. 31, T. 64
N., R. 38 W.
(b) Underwater diving. No person shall undertake diving in the
waters of Isle Royale National Park with the aid of underwater breathing
apparatus without first registering with the Superintendent.
(c) Mammals. Dogs, cats, and other mammals may not be brought into
or possessed in the park area, except for guide dogs accompanying the
blind.
[35 FR 7793, May 21, 1970, as amended at 42 FR 21777, Apr. 29, 1977]
[[Page 95]]
Sec. 7.39 Mesa Verde National Park.
(a) Visiting of cliff dwellings is prohibited except when persons
are accompanied by a uniformed National Park Service employee. However,
the Superintendent may issue special written permits to persons engaged
in scientific investigations authorizing such persons to visit the cliff
dwellings without escort. The Superintendent shall approve issuance of a
permit provided:
(1) That the investigation plan proposed, in purpose and in
execution, is compatible with the purposes for which the park was
established;
(2) That the investigation proposed will not jeopardize the
preservation of park resources;
(3) That the study undertaken will have demonstrable value to the
National Park Service in its management or understanding of park
resources; and
(4) That the permit applicants are adequately experienced and
equipped so as to insure that the objectives of paragraphs (a) (1), (2),
and (3) of this section will be obtained.
(b) Hiking is permitted only on trails designated for that purpose
by the Superintendent by the posting of appropriate signs or by marking
on a map which shall be available for inspection by the public at park
headquarters and other convenient locations within the park. Persons
hiking on the Pictograph Point or Spruce Canyon Trails must register in
advance with the Superintendent.
(c) Commercial automobiles and buses. The prohibition against the
admission of commercial automobiles and buses to Mesa Verde National
Park, contained in Sec. 5.4 of this chapter shall be subject to the
following exceptions: Motor vehicles operated on an infrequent and
nonscheduled tour on which the visit to the park is an incident to such
tour, carrying only round trip passengers traveling from the point of
origin of the tour, will be accorded admission to the park upon
establishing to the satisfaction of the Superintendent that the tour
originated from such place and in such manner as not to provide, in
effect, a regular and duplicating service conflicting with, or in
competition with, the services provided for the public pursuant to
contract authorization with the Secretary.
[24 FR 11049, Dec. 30, 1959, as amended at 37 FR 23334, Nov. 2, 1972]
Sec. 7.40 Hopewell Village National Historic Site.
(a) Fishing. (1) Fishing between sunset and sunrise is prohibited.
[24 FR 11049, Dec. 30, 1959, as amended at 33 FR 3227, Feb. 21, 1968]
Sec. 7.41 Big Bend National Park.
(a) Fishing; closed waters. Special ponds and springs reserved for
species of rare fish are closed to fishing and bait collecting. The
taking or release of any form of fish life in these ponds or springs is
prohibited except by special authorization by the Superintendent. These
ponds and springs will be posted as closed to fishing and bait
collecting and molestation.
(b) Fishing; method. (1) Fishing with pole and line, rod and reel,
and trot and throw line is permitted all year from the United States
side of the Rio Grande.
(2) Use of seine. The use of seines and nets is prohibited except
minnow seines no greater than 20 feet in length may be used for taking
of minnows for bait.
(c) Fishing; limit of catch. The limit of catch per person per day
or in possession shall be 25 fish, except that minnows caught for bait
shall not be accountable for the purpose of this section.
[24 FR 11049, Dec. 30, 1959, as amended at 27 FR 8616, Aug. 29, 1962; 52
FR 10686, Apr. 2, 1987]
Sec. 7.42 Pipestone National Monument.
(a) An American Indian desiring to quarry and work ``catlinite''
pipestone shall first secure a permit from the Superintendent. The
Superintendent shall issue a permit to any American Indian applicant,
Provided, that: (1) In the judgment of the Superintendent, the number of
permittees then quarrying or working the pipestone is not so large as to
be inconsistent with preservation of the deposit and (2) a suitable area
is available for conduct of the operation. The permit shall be issued
without charge and shall be valid only
[[Page 96]]
during the calendar year in which it is issued.
(b) An American Indian desiring to sell handicraft products produced
by him, members of his family, or by other Indians under his supervision
or under contract to him, including pipestone articles, shall apply to
the Superintendent. The Superintendent shall grant the permit provided
that (1) in his judgment the number of permittees selling handicraft
products is not so large as to be inconsistent with the enjoyment of
visitors to the Pipestone National Monument and (2) a suitable area is
available for conduct of the operation. The permit shall be issued
without charge and shall be valid only during the calendar year in which
it is issued.
[34 FR 5377, Mar. 19, 1969]
Sec. 7.43 Natchez Trace Parkway.
(a)--(b) [Reserved]
(c) Vehicles--(1) Trucks. Trucks over one ton rated capacity are not
permitted on the parkway. Trucks, not exceeding one ton rated capacity,
are permitted to travel on the Natchez Trace Parkway when used solely
for transportation of persons, their baggage, camping equipment and
related articles for recreational purposes only. Trucks used for the
purpose of hauling non-recreational materials are not permitted.
(2) Animal-drawn vehicles. Animal-drawn vehicles or implements are
prohibited on the main parkway road.
(3) Farm vehicles. Farm vehicles, including agricultural implements,
with or without load carrying capacity, and whether or not self-
propelled, are prohibited on the parkway, except when such travel is
authorized by the Superintendent or when such travel is in connection
with the construction, operation, or maintenance of the parkway.
(4) Recreational vehicles. Recreational vehicles, including but not
limited to self-propelled mobile homes, campers, housetrailers, and
vehicles up to 1\1/2\ ton rated capacity, when such recreational
vehicles are used solely to carry persons for recreational purposes
together with their baggage, camping equipment, and related articles for
vacation or recreational purposes, are permitted on the parkway.
(5) Trailers. Trailers are permitted when used non-commercially to
transport baggage, camping equipment, horses for recreational riding,
small boats and other similar items used for vacation or recreational
purposes, provided they meet the following criteria:
(i) Utility type trailers must be enclosed or covered and are not to
exceed 5 feet by 8 feet.
(ii) Trailers must be equipped with red taillights, red stoplights
and mechanical turn signals. Clearance lights are required on trailers
over 6 feet high.
(iii) Only one trailer of any type may be towed by any one vehicle
along the parkway. The towing vehicle and trailer must not exceed 55
feet in length.
(6) Buses. Commercial passenger carrying buses, when used for
touring purposes, may travel the Natchez Trace Parkway by obtaining
special written permission in advance from the Superintendent or his
representative. School buses may travel on the parkway without such
written permission when transporting people for special recreational or
educational purposes.
(7) Towed vehicles other than trailers. Such vehicles must be towed
with a rigid tow bar which does not require a driver for the towed
vehicle. Tow bar must be equipped with safety chains that are so
connected to the towed and towing vehicles and to the tow bar that, if
the tow bar fails, it will not drop to the ground and the chains shall
be of sufficient strength to prevent breakaway of the towed vehicle in
the event of such tow bar failure. The towed vehicle must be equipped
with brakelights, taillights, and signal lights in accordance with
applicable State regulations. The towing vehicle and towed vehicle must
not exceed 55 feet in length.
(d) Beer and alcoholic beverages. The possession of beer or any
alcoholic beverage in an open or unsealed container is prohibited,
except in designated picnic, lodging, residence, and camping areas.
[34 FR 9751, June 24, 1969, as amended at 39 FR 30833, Aug. 26, 1974; 48
FR 30295, June 30, 1983; 52 FR 10686, Apr. 2, 1987]
[[Page 97]]
Sec. 7.44 [Reserved]
Sec. 7.45 Everglades National Park.
(a) Information collection. The information collection requirements
contained in this section have been approved by the Office of Management
and Budget under 44 U.S.C. 3501 et.seq., and assigned clearance number
1024-0026. This information is being collected to solicit information
necessary for the Superintendent to issue permits used to grant
administrative benefits. The obligation to respond is required in order
to obtain a benefit.
(b) Prohibited conveyances. Only hand-propelled vessels may be
operated upon those areas of emergent vegetation commonly called
marshes, wetlands, or ``the glades.'' Operation of a motorized vessel in
such areas is prohibited.
(c) Definitions. The following definitions shall apply to this
section:
(1) Ballyhoo means a member of the genus Hemiramphus (family:
Exocoetidae).
(2) Cast net means a type of circular falling net, weighted on its
periphery, which is thrown and retrieved by hand.
(3) Commercial fishing means the activity of taking or harvesting,
or attempting to take or harvest any edible or non-edible form of fresh
or salt water aquatic life for the purpose of sale or barter.
(4) Dipnet means a hand-held device for obtaining bait, the netting
of which is fastened in a frame.
(5) Guide fishing means the activity, of a person, partnership,
firm, corporation, or other commercial entity to provide fishing
services, for hire, to visitors of the park.
(6) Minnow means a fish used for bait from the family
Cyprinodointidae, Poeciliidae, or Atherinidae.
(7) Mojarra or ``goats'' means a member of the family Gerreidae.
(8) Oyster means a mollusk of the suborder Ostraeaccea.
(9) Personal watercraft means a vessel powered by an outboard motor,
water-jet or an enclosed propeller or impeller system, where persons
ride standing, sitting or kneeling primarily on or behind the vessel, as
opposed to standing or sitting inside; these craft are sometimes
referred to by, but not limited to, such terms as ``wave runner,'' ``jet
ski,'' ``wet bike,'' or ``Sea-doo.''
(10) Pilchard means a member of the herring family (Clupeidae),
generally used for bait.
(11) Pinfish means a member of the genus Lagodon (family: Spiradae).
(d) Fishing. (1) Fishing restrictions, based on management
objectives described in the park's Resources Management Plan, are
established annually by the Superintendent.
(2) The Superintendent may impose closures and establish conditions
or restrictions, in accordance with procedures found at 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, and size, creel
and possession limits.
(3) The following waters are closed to fishing:
(i) All waters of T. 58 S., R. 37 E., sections 10 through 15,
inclusive, measured from Tallahassee meridian and base, in the vicinity
of Royal Palm Visitor Center, except Hole in the Donut or Hidden Lake,
and Pine Island Lake.
(ii) All waters in T.54 S., R. 36 E., sections 19, 30, and 31, and
in T. 55 S., R. 36 E., sections 6, 7, 18, 19, and 30, measured from
Tallahassee meridian and base, in the vicinity of Shark Valley Loop Road
from Tamiami Trail south.
(4) A person engaged in guide fishing must possess a guide fishing
permit issued by the Superintendent and administered under the terms of
Sec. 1.6 of this chapter. Guide fishing without a valid permit is
prohibited.
(5) Except for taking finfish, shrimp, bait, crabs, and oysters, as
provided in this section or as modified under 36 CFR 1.5, the taking,
possession, or disturbance of any fresh or saltwater aquatic life is
prohibited.
(6) Methods of taking. Except as provided in this section, only a
closely attended hook and line may be used for fishing activities within
the park.
(i) Crabbing for stone or blue crabs may be conducted using attended
gear only and no more than five (5) traps per person. Persons using
traps must remain within one hundred (100) feet of those traps.
Unattended gear or use of
[[Page 98]]
more than five (5) traps per person is prohibited.
(ii) Shrimp, mullet, and bait fish (minnows, pilchards, pinfish,
mojarras, ballyhoo or bait mullet (less than eight (8) inches in total
length) may be taken with hook and line, dipnet (not exceeding 3 feet at
its widest point) or cast net, for use as bait or personal consumption.
(iii) A dipnet or cast net may not be dragged, trawled, or held
suspended in the water.
(7) Tagging, marking, fin clipping, mutilation or other disturbance
to a caught fish, prior to release is prohibited without written
authorization from the Superintendent.
(8) Fish may not be fileted while in the park, except that:
(i) Up to four (4) filets per person may be produced for immediate
cooking and consumption at designated campsites or on board vessels
equipped with cooking facilities.
(ii) Fish may be fileted while at the designated park fish cleaning
facilities, before transportation to their final destination.
(9) Nets and gear that are legal to use in State waters, and fish
and other edible or non-edible sea life that are legally acquired in
State waters but are illegal to possess in the waters of Everglades
National Park may be transported through the park only over Indian Key
Pass, Sand Fly Pass, Rabbit Key Pass, Chokoloskee Pass and across
Chokoloskee Bay, along the most direct route to or from Everglades City,
Chokoloskee Island or Fakahatchee Bay.
(i) Boats traveling through these passages with such nets, gear,
fish, or other edible products of the sea must remain in transit unless
disabled or weather and sea conditions combine to make safe passage
impossible, at which time the boats may be anchored to await assistance
or better conditions.
(ii) [Reserved]
(e) Boating. (1) The Superintendent may close an area to all
motorized vessels, or vessels with motors greater than a specified
horsepower, or impose other restrictions as necessary, in accordance
with Secs. 1.5 and 1.7 of this chapter.
(2) For purposes of this section, a vessel in which the motor(s) is
(are) removed from the gunnels or transom and stored to be inoperable,
is considered to be not motorized.
(3) The following areas are closed to all vessels:
(i) T. 54 S., R. 36 E., sections 19, 30, 31; T. 55 S., R. 36 E.,
sections 6, 7, 18, 19, and 30, bordering the Shark Valley Loop Road from
the Tamiami Trail south.
(ii) Eco Pond, Mrazek Pond, Royal Palm Ponds except for Hidden Lake,
Parachute Key ponds north of the Main Park Road, and Lake Chekika.
(4) The following inland fresh water areas are closed to the use of
motorized vessels: Coot Bay Pond, Nine Mile Pond, Paurotis Pond,
Sweetbay Pond, Big Ficus Pond, Sisal Pond, Pine Glade Lake, Long Pine
Key Lake, Tower Lake, Hidden Lake, Pine Island, and L-67 canal.
(5) The following coastal waters, designated by statute as
wilderness (Pub. L. 95-625), are closed to the use of motorized vessels:
Mud, Bear, East Fox, Middle Fox, Little Fox, and Gator Lakes; Homestead
Canal; all associated small lakes on Cape Sable inland from Lake
Ingraham; Cuthbert, Henry, Little Henry, Seven Palm, Middle, Monroe,
Long, and the Lungs Lakes; Alligator Creek from the shoreline of
Garfield Bight to West Lake; all inland creeks and lakes north of Long
Sound, Joe Bay, and Little Madeira Bay except those ponds and lakes
associated with Taylor River.
(6) Except to effect a rescue, or unless otherwise officially
authorized, no person shall land on keys of Florida Bay except those
marked by signs denoting the area open, or on the mainland shorelines
from Terrapin Point eastward to U.S. Highway 1, including the shores of
all inland bays and waters and those shorelines contiguous with Long
Sound, Little Blackwater Sound, and Blackwater Sound.
(7) West Lake Pond and West Lake shall be closed to all vessels when
they are being used by feeding birds. At all other times, these areas
shall be open only to hand-propelled vessels or Class A motorboats
powered by motors not to exceed 6 horsepower.
[[Page 99]]
(8) Launching, and or operating a personal watercraft is prohibited
in the park.
(9) Vessels used as living quarters shall not remain in or be
operated in the waters of the Park for more than 14 days without a
permit issued by the Superintendent. Said permit will prescribe
anchorage location, length of stay, sanitary requirements and such other
conditions as considered necessary.
(f) Violation of any of the provisions of Sec. 7.45 is prohibited.
[59 FR 58785, Nov. 15, 1994; 60 FR 6022, Feb. 1, 1995]
Sec. 7.46 [Reserved]
Sec. 7.47 Carlsbad Caverns National Park.
(a) Cave entry. (1) With the exception of the regular trips into
Carlsbad Caverns under the guidance or supervision of employees of the
National Park Service, no person shall enter any cave or undeveloped
part or passage of any cave without a permit.
(2) Permits. The Superintendent may issue written permits for cave
entry without escort only to persons engaged in scientific or
educational investigations. The Superintendent shall approve issuance of
a permit provided:
(i) That the investigation planned will have demonstrable value to
the National Park Service in its management or understanding of park
resources, and
(ii) That the permit applicant is adequately equipped and
experienced so as to ensure the protection and preservation of park
resources.
(3) Solo exploration. Solo exploration or investigation is not
permitted in any cave or undeveloped part or passageway of any cave
within the park.
[34 FR 8356, May 30, 1969, as amended at 41 FR 24123, June 15, 1976; 48
FR 30295, June 30, 1983]
Sec. 7.48 Lake Mead National Recreation Area.
(a) Aircraft, designated airstrips. (1)(i) The entire water surface
of Lakes Mead and Mohave are designated landing areas, except as
restricted in Sec. 2.17 of this chapter.
(ii) Aircraft may not be operated under power on those water surface
areas designated as special anchorages, including fairways, as defined
in 33 CFR 110.127.
(2) Temple Bar landing strip, located at approximate latitude
36 deg.01' N., approximate longitude 114 deg.20' W.
(3) Pearce Ferry landing strip, located at approximate latitude
30 deg.04'37" N., approximate longitude 114 deg.02'44" W.
(4) Cottonwood landing strip located at approximate latitude
35 deg.29' N., approximate longitude 114 deg.40' W.
(5) [Reserved]
(6) Echo Bay landing strip located at approximate latitude
36 deg.19' N., approximate longitude 114 deg.27' W.
(b) Powerless flight. The use of devices designed to carry persons
through the air in powerless flight is allowed except in harbors, swim
beaches, developed areas, and in other locations designated as closed to
this activity.
(c) Parking. Vehicles or boat trailers, or vehicle/boat trailer
combinations, may be left unattended for periods up to 7 days, when
parked in parking areas adjacent to designated boat launching sites,
without written permission obtained in advance from the superintendent.
Any vehicle or boat trailer or vehicle/boat trailer combination which is
left in parking areas adjacent to designated boat launching sites in
excess of 7 days without written permission obtained in advance from the
superintendent may be impounded by the superintendent.
(d) Water sanitation. All vessels with marine toilets so constructed
as to permit wastes to be discharged directly into the water shall have
such facilities sealed to prevent discharge. Chemical or other type
marine toilets with approved holding tanks or storage containers shall
be permitted but will be discharged or emptied only at designated
sanitary pumping stations.
(e) Fishing. Unless otherwise designated, fishing in a manner
authorized under applicable State law is allowed.
(f) The Superintendent may exempt motor vessels participating in a
regatta that has been authorized by permit issued by the Superintendent
from
[[Page 100]]
the noise level limitations imposed by Sec. 3.7 of this chapter.
[32 FR 15751, Nov. 16, 1967, as amended at 34 FR 1950, Feb. 11, 1969; 34
FR 18857, Nov. 26, 1969; 36 FR 21881, Nov. 17, 1971; 38 FR 5245, Feb.
27, 1973; 49 FR 18450, Apr. 30, 1984; 53 FR 29681, Aug. 8, 1988]
Sec. 7.49 [Reserved]
Sec. 7.50 Chickasaw Recreation Area.
(a) Fishing. Unless otherwise designated, fishing in a manner
authorized under applicable State law is allowed on Arbuckle Reservoir
and Veterans Lake.
[49 FR 18451, Apr. 30, 1984]
Sec. 7.51 Curecanti Recreation Area.
(a) Hunting. Hunting is allowed at times and locations designated as
open for hunting.
(b) Trapping. Trapping is allowed at times and locations designated
as open for trapping.
(c) Snowmobiles. Snowmobiles are permitted to operate within the
boundaries of Curecanti National Recreation Area provided:
(1) That the operators and machines conform to the laws and
regulations governing the use of snowmobiles as stated in this chapter
and those applicable to snowmobile use promulgated by the State of
Colorado where they prove to be more stringent or restrictive than those
of the Department of the Interior.
(2) That their use is confined to the frozen surface of Blue Mesa
Lake, and designated access roads. A map of areas and routes open to
snowmobile use will be available in the office of the superintendent.
(3) That for the purposes of this section, snowmobile gross weight
will be limited to a maximum of 1200 lbs. (machine and cargo) unless
prior permission is granted by the superintendent.
[49 FR 18451, Apr. 30, 1984, as amended at 49 FR 34480, Aug. 31, 1984]
Sec. 7.52 Cedar Breaks National Monument.
(a) Snowmobiles. (1) During periods when snow depth prevents regular
vehicular travel in the Monument, snowmobiling will be permitted on the
main Monument road and parking areas from the south boundary to the
north boundary and on the Panguitch Lake road from its junction with the
main Monument road east to the east park boundary. In addition, the
paved walkway from the Visitor Center parking lot to the Point Supreme
overlook is also open for snowmobile travel.
(2) On roads designated for snowmobile use, only that portion of the
road or parking area intended for other motor vehicle use may be used by
snowmobile. Such roadway is available for snowmobile use only when the
designated road or parking area is closed by snow depth to all other
motor vehicle use by the public. These routes will be marked by signs,
snow poles, or other appropriate means.
The park Superintendent shall determine the opening and closing dates
for use of designated snowmobile routes each year. Routes will be open
to snowmobile travel when they are considered to be safe for travel but
not necessarily free of safety hazards.
(3) Snowmobile use outside designated routes is prohibited. This
prohibition shall not apply to emergency administrative travel by
employees of the National Park Service or its contractors or
concessioners or law enforcement agencies.
(b) [Reserved]
[49 FR 29375, July 20, 1984]
Sec. 7.53 Black Canyon of the Gunnison National Monument.
(a) Snowmobiles. (1) During periods when snow depth prevents regular
vehicular travel to the North Rim of the Monument, as determined by the
superintendent, snowmobiling will be permitted on the graded, graveled
North Rim Drive and parking areas from the north monument boundary to
North Rim Campground and also to the Turnaround.
(2) On roads designated for snowmobile use, only that portion of the
road or parking area intended for other motor vehicle use may be used by
snowmobiles. Such roadway is available for snowmobile use only when
there is sufficient snow cover and when these roads and parking areas
are closed to all other motor vehicle use by the public. These routes
will be marked
[[Page 101]]
by signs, snow poles, or other appropriate means. Snowmobile use outside
designated routes is prohibited.
(b) [Reserved]
[49 FR 34478, Aug. 31, 1984]
Sec. 7.54 Theodore Roosevelt National Park.
(a) Snowmobiles. (1) Designated routes open to snowmobile use are
the portions of the Little Missouri River which contain the main river
channel as it passes through both units of Theodore Roosevelt National
Park. Ingress and egress to and from the designated route must be made
from outside the boundaries of the park. There are no designated access
points to the route within the park.
(2) The superintendent shall determine the opening and closing dates
for the use of designated snowmobile routes each year, taking into
consideration snow, weather and river conditions. He shall notify the
public by posting of appropriate signs at the main entrance to both
units of the park. The superintendent may, by the posting of appropriate
signs, require persons to register or obtain a permit before operating
any snowmobiles within the park. The operation of snowmobiles shall be
in accordance with State laws in addition to the National Park Service
regulations.
(b) [Reserved]
[49 FR 34479, Aug. 31, 1984]
Sec. 7.55 Coulee Dam Recreation Area.
(a) Hunting. Hunting is allowed at times and locations designated as
open for hunting.
(b) Aircraft. Float planes may be operated on Lake Roosevelt on
those waters not administered by Indians as part of the Indian Zone,
i.e., mid-channel to the shore of the non-Indian side of the Lake. A map
showing the waters where aircraft may be operated will be available in
the office of the superintendent.
[49 FR 18451, Apr. 30, 1984]
Sec. 7.56 Acadia National Park.
(a) Designated Snowmobile Routes. The designated routes for
snowmobile shall be:
(1) Park Loop Road (except section from Stanley Brook intersection
north to the gate at Penobscot Mountain Parking Area) and connecting
roads as follows: Paradise Hill Road (Visitor Center to Junction Park
Loop Road); Stanley Brook Road; Ledgelawn Extension Road; Sieur de Monts
(gate to Loop Road); West Street; Cadillac Mountain Summit Road;
entrance roads to Wildwood Stable.
(2) Portions of Carriage Paths as follows: A section of Carriage
Path 1.8 miles in length from the parking area at the north end of Eagle
Lake down the east side of the lake to connection with Park Loop Road at
Bubble Pond Rest Area. A section of Carriage Path 0.6 miles in length
from Wildwood Stable to connection with Park Loop Road south of the
entrance road to Penobscot Mountain Parking Area.
(3) Hio Truck Road from Seawall Campground north to State Route 102.
(4) The paved camper access roads within Seawall Campground.
(5) Marshall Brook Truck Road from Seal Cove Road to Marshall Brook.
(6) Seal Cove Road from Park Boundary in Southwest Harbor to State
Route 102 in Seal Cove.
(7) Western Mountain Road from Park Boundary west of Worcester
Landfill to Seal Cove Pond.
(8) The two crossroads connecting Western Mountain Road and Seal
Cove Road.
(9) Long Pond Truck Road including Spur Road to Pine Hill.
(10) Lurvey Spring Road from Junction with Long Pond Road in
Southwest Harbor to intersection with Echo Lake Beach Road.
(11) The Echo Lake Entrance Road from State Route 102 to Echo Lake
Beach Parking Area.
[48 FR 1195, Jan. 11, 1983]
Sec. 7.57 Lake Meredith Recreation Area.
(a) The operation of motor vehicles within the Lake Meredith
Recreation Area is prohibited outside of established public roads,
parking areas, except within the cutbanks of Blue Creek, comprising
about 275 acres, and except below the 3,000 ft. contour on the following
described lands, being known as the Rosita Area on the Canadian River
flood plain:
[[Page 102]]
Beginning at property corner 191 at coordinates 536,112.90N and
1,894,857.49E thence in a straight line S05 deg.14'47'' E, 3349.09 ft.
to property corner 192, thence in a straight line N85 deg.03'12'' E,
6999.38 ft., to property corner 193, thence in a straight line
N58 deg.29'53'' E, 3737.77 ft., to property corner 194, thence in a
straight line N51 deg.20'25'' E, 1457.45 ft., to property corner 195,
thence in a straight line S74 deg.40'44'' E, 4064.61 ft., to property
corner 196, thence in a straight line N79 deg.59'22'' E, 3118.40 ft. to
property corner 197A, thence in a northeasterly direction to property
corner 200, thence in a straight line N56 deg.24'11'' E, 1073.57 ft., to
property corner 201, thence in a straight line S80 deg.04'22'' E,
2684.69 ft., to property corner 202, thence in a straight line
N69 deg.21'31'' E, 2974.09 ft. to property corner 203, thence in a
straight line S37 deg.59'16'' E, 1538.83 ft., to property corner 204,
thence in a straight line N28 deg.36'59'' E, 744.10 ft., to property
corner 205, thence in a straight line N00 deg.19'04'' E, 1136.41 ft., to
property corner 206, thence in a westerly direction to property corner
181, thence in a straight line S89 deg.51'52'' W, 1434.80 ft. to
property corner 182, thence in a straight line N75 deg.53'25'' W,
4267.11 ft., to property corner 183, thence in a straight line
S76 deg.16'20'' W, 3835.45 ft., to property corner 184, thence in a
westerly direction to property corner 189, thence in a straight line
S71 deg.35'59'' W, 2901.46 ft., to property corner 190, thence in a
straight line S78 deg.24'18'' W, 6506.70 ft. to the point of beginning
as shown on Bureau of Reclamation drawing number 662-525-1431 dated July
9, 1965, such Rosita Area comprising about 1,500 acres.
(b) Safety Helmets. The operator and each passenger of a motorcycle
shall wear a safety helmet while riding on a motorcycle in an off-road
area designated in paragraph (a) of this section.
(c) Water sanitation. All vessels with marine toilets so constructed
as to permit wastes to be discharged directly into the water shall have
such facility sealed to prevent discharge. Chemical or other type marine
toilets with approved holding tanks or storage containers shall be
permitted but will be discharged or emptied only at designated sanitary
pumping stations.
(d) Powerless flight. The use of devices designed to carry persons
through the air in powerless flight is allowed except in locations
designated as closed to this activity. The superintendent may designate
times and locations where such activity is allowed only under the terms
and conditions of a permit.
(e) Fishing. Unless otherwise designated, fishing in a manner
authorized under applicable State law is allowed.
(f) Hunting. Hunting is allowed at times and locations designated as
open for hunting.
(g) Trapping. Trapping is allowed at times and locations designated
as open for trapping.
[36 FR 14694, Aug. 10, 1971, as amended at 40 FR 762, Jan. 3, 1975; 48
FR 30295, June 30, 1983; 49 FR 18451, Apr. 30, 1984; 52 FR 10686, Apr.
2, 1987]
Sec. 7.58 Cape Hatteras National Seashore.
(a) Hunting. (1) Lands within the Seashore on which hunting is
legally permitted are designated as follows:
(i) Ocracoke Island, except Ocracoke village.
(ii) Hatteras Island, 500 acres, in three disconnected strips 250
feet wide measuring eastward from mean high water mark on Pamlico Sound
between villages of Salvo and Avon and Buxton, and between Frisco and
Hatteras.
(iii) Bodie Island, 1,500 acres, between high water mark of Roanoke
Sound and a line 2,000 feet west of and parallel to U.S. Highway 158,
and from the north dike of the Goosewing Club property on the north to
the north boundary of the Dare County tract on the south.
(2) Seashore lands on which hunting is not permitted will be posted
accordingly.
(3) This hunting plan will be administered and enforced by the
National Park Service, through the Service's authorized local
representative, the Superintendent of the Seashore, hereinafter referred
to as the Superintendent.
(4) The State of North Carolina will assist in the enforcement of
applicable State and Federal hunting laws and otherwise in carrying out
this plan.
(5) Hunting will be restricted to waterfowl. Season length, opening
and closing dates, bag limits and species of
[[Page 103]]
waterfowl which may be taken will be in accordance with the rules and
regulations issued by the North Carolina Wildlife Resources Commission
and the U.S. Fish and Wildlife Service.
(6) Hunting privileges will be free for all hunters possessing a
North Carolina State hunting license and Federal migratory bird hunting
stamp.
(7) Permanent blinds will be constructed exclusively by the Seashore
and these will be built only on Bodie Island. Setting up and use of
temporary or portable blinds by hunters will be permitted on Hatteras
and Ocracoke Islands.
(8) Minimum distance between blinds on Seashore land and ponds
within the designated hunting areas will be 300 yards unless other
conditions, such as natural screening, justify a shorter distance.
(9) Hunting on Ocracoke Island will be permitted and managed in the
same manner as Hatteras Island.
(10) ``Jump shooting'' of waterfowl will be permitted only on
Hatteras and Ocracoke Islands and is prohibited within 300 yards of any
blind.
(11) Properly licensed and authorized guides may provide hunting
guide service within the designated hunting areas in the Seashore. They
will not be permitted to solicit business within the boundaries of the
Seashore and all arrangements with hunters must be made outside of those
boundaries. Guides will be required to possess a North Carolina State
guide license and to fulfill all requirements and conditions imposed by
that license. Fees charged by guides must be approved in advance by the
Superintendent. Each guide must also possess a permit issued by the
Superintendent which authorizes him to guide hunters within the Seashore
and the amount of the fees which he may charge.
(12) Guides shall have no permanent or seasonal blind rights within
the Seashore and no special privileges other than those specified in
this section.
(13) At 5:00 a.m. each morning the day of hunting a drawing for
blind assignments will be conducted at the check-out station. Advance
reservations for permission to draw will be accepted through the United
States mail only. Reservations postmarked prior to 12:01 a.m. of
September 25 will not be accepted. The postmark date and hour will
establish and govern the priority of drawing. Maximum reservation by any
person shall be three (3) consecutive days in any week, Monday through
Saturday, and limited to a total of six (6) days during the season.
Reservations shall have priority over nonreservations at drawing time.
In the event a reservation is to be canceled, the Superintendent shall
be informed by the party prior to drawing time for the date or dates of
the reservation.
(14) The first departure from a blind by a person terminates his
hunting privilege within Bodie Island for that day and the blinds may be
reassigned by the Superintendent, Cape Hatteras National Seashore
Recreational Area, or his duly authorized representative, for use by
others later the same day. Vacating parties must check out and furnish
information regarding their take at the checking station on Bodie Island
located near the north boundary of the hunting area.
(15) Hunters and guides shall provide their own decoys and are
required to leave the blind which they used in a clean, sanitary and
undamaged condition.
(16) All hunters taking banded fowl shall turn in the bands at the
check-out station.
(17) Details of this plan, interpretations and further information
regarding it will be published in local newspapers and issued in
circular form free to all interested persons.
(18) Access to blinds will be by designated foot trails. Vehicles
will not be permitted to drive to the blind sites.
(19) Trained dogs will be permitted for retrieving providing they
are kept under restraint by the hunter.
(20) Blinds will be limited to two persons without a guide and three
including the guide. Only two guns will be permitted in each blind.
(21) All other regulations will be in accordance with the North
Carolina State and Federal migratory bird hunting laws.
(b) Fishing--(1) Definitions. As used in this part:
(i) Seashore. Cape Hatteras National Seashore.
[[Page 104]]
(ii) Permittee. A person authorized to engage in commercial fishing
from seashore beaches.
(iii) Legal resident of an established village. An individual
(excluding a corporation, partnership, or other artificial person)
having domicile in one of the following Outer Banks villages referred to
in section 1 of the Act of August 17, 1937 (50 Stat. 669):
Corolla, Duck, Kitty Hawk, Kill Devil Hills, Collington, Nags Head,
Manteo, Wanchese, Rodanthe, Waves, Salvo, Avon, Buxton, Frisco,
Hatteras, Ocracoke.
(iv) Commercial fishing. All operations preparatory to, during, and
subsequent to the taking of fish by any means if a primary purpose of
the taking is to sell fish.
(v) Commercial fishing permit. Written revocable authorization,
issued by the Superintendent to an eligible individual, to engage in
commercial fishing from the Seashore beaches. The permit will be issued
on an annual basis commencing on October 1st of each year.
(2) Commercial fishing permit required. A commercial fishing permit
is required before engaging in commercial fishing from the seashore
beaches.
(3) Permits. Commercial fishing permits may be issued by the
Superintendent or his authorized representative limited to individuals
meeting the following criteria of eligibility:
(i) A legal resident of an established village.
(ii) Possession of a valid North Carolina commercial fishing license
or engagement in a joint commercial fishing venture with a North
Carolina commercial fishing licensee.
The permit shall be carried at all times while engaged in commercial
fishing and shall be displayed upon request by the Superintendent or his
representative. When two or more individuals engage in a joint
commercial fishing venture involving a splitting of profits or any other
assumption of proprietary interests, each individual must qualify for
and have a commercial fishing permit. An employee hired by a permittee
for a specific wage with no financial interest in the activity need not
have a permit.
(4) Revocation of permit. The Superintendent may revoke the
commercial fishing permit of any permittee who ceases to meet the
criteria of eligibility set forth in paragraph (c)(3) of this section or
who violates any General, Special, or other related regulation governing
activities at the Seashore.
(5) Beach sanitation and conservation of aquatic life.
Notwithstanding any General Regulation of the National Park Service to
the contrary, all fishermen, commercial and sport, landing fish on the
Seashore by any method and not using such fish because of size, edible
quality, or other reason, shall immediately release and return such fish
alive in the waters from which taken. No dead fish or part thereof may
be left on any shore, beach, dock, pier, fish cleaning table or thrown
back into the waters, but must be disposed of only at points or places
designated for the disposal thereof or removed from the seashore area.
(6) Sport-fishing Zone. A zone is established for the protection and
enhancement of recreational sport-fishing commencing at Beach Access
Ramp No. 22 and continuing south and west along the ocean shore,
including Cape Point (Cape Hatteras), to Beach Access Ramp No. 30.
Within this zone commercial fishing, as specified in the Act of August
17, 1937 (50 Stat. 669), is permitted, except between the hours of 12:01
a.m. on Saturday to 11:59 p.m. on Sunday from October 1 through April
30, commercial fishermen are not permitted to haul seines or nets onto
the beach within the Zone.
[24 FR 11052, Dec. 30, 1959, as amended at 38 FR 33081, Nov. 30, 1973;
40 FR 4135, Jan. 28, 1975; 40 FR 56888, Dec. 5, 1975; 48 FR 30295, June
30, 1983; 52 FR 10686, Apr. 2, 1987]
Sec. 7.59 Grand Portage National Monument.
(a) Snowmobiles. After consideration of existing special situations,
i.e. depth of snow, and depending on local weather conditions, the
superintendent may permit the use of snowmobiles on the following
designated routes within the National Monument:
(1) The trail from County Road 73 (near the Grand Portage Trading
Post) which moves across the Grand Portage to County Road 17 near the
Catholic Church.
[[Page 105]]
(2) The powerline right-of-way road from Country Road 73 which moves
across the Grand Portage Trail.
(3) The logging road which moves across the Grand Portage Trail in
NE \1/4\, SE \1/4\, Section 32, T64N, R6E.
(4) Abandoned Highway 61 which moves across the Grand Portage Trail.
(5) The logging road which moves across the Grand Portage Trail in
SE \1/4\, NW \1/4\, Section 25, T64N, R5E.
(b) Fishing. Unless otherwise designated, fishing in a manner
authorized under applicable State law is allowed.
[47 FR 45005, Oct. 13, 1982, as amended at 49 FR 18451, Apr. 30, 1984]
Sec. 7.60 Herbert Hoover National Historic Site.
(a) Snowmobiles. After consideration of existing special situations,
i.e., depth of snow, and depending on local weather conditions, the
Superintendent may permit the use of snowmobiles on the shoulder of the
paved motor road known as Parkside Drive between Main Street of West
Branch, Iowa and Interstate Highway 80, which is used by motor vehicle
traffic during other seasons in conformance with State law.
[47 FR 54933, Dec. 7, 1982]
Sec. 7.61 Fort Caroline National Memorial.
(a) Fishing. Fishing is prohibited within the Memorial.
[26 FR 3363, Apr. 20, 1961, as amended at 32 FR 16213, Nov. 28, 1967]
Sec. 7.62 Lake Chelan National Recreation Area.
(a) Snowmobiles. After consideration of existing special situations,
i.e., depth of snow, and depending on local weather conditions, the
superintendent may designate as open to the use of snowmobiles the
following locations within the Lake Chelan National Recreation Area:
(1) All open areas, designated trails and roadways on public land
below the 1320-foot contour line within the Stehekin Valley, except
cross-country ski trails and within the perimeter of the Buckner
Orchard. Snowmobile use on open public lands or designated trails will
be limited to permanent, year-round residents of the Stehekin Valley.
(2) That portion of the Stehekin Valley Road normally open to use by
motor vehicles from the 1320-foot contour line to the park boundary.
(b) Aircraft. The following are designated as locations where the
operation of aircraft is allowed:
(1) The entire water surface of Lake Chelan.
(2) The Stehekin landing field, located at approximate latitude
48 deg.21'N, approximate longitude 120 deg.43' W.
(c) Weapons. The following location is designated for target
practice between the hours of sunrise and sunset, subject to all
applicable Federal, State, and local laws: in the SE \1/4\ of sec. 8, T.
33 N., R. 17 E., WM, approximately 100 yards east of mile point 7 on the
Stehekin Valley Road, a converted borrow pit.
[49 FR 18451, Apr. 30, 1984, as amended at 49 FR 19652, May 9, 1984; 54
FR 48869, Nov. 28, 1989]
Sec. 7.63 Dinosaur National Monument.
(a) Commercial hauling. Ranchers and stockmen owning, leasing or
renting private lands, or holding grazing permits issued by the Bureau
of Land Management on designated grazing allotments adjacent to the
Artesia Entrance Road, Blue Mountain Road, and Deerlodge Park Road, are
authorized to use these roads for trucking or hauling ranching and
agricultural supplies and materials, including livestock, for use in
normal ranching and stock growing operations.
(b) Stock grazing. (1) Privileges for the grazing of domestic
livestock based on authorized use of certain areas at the time of
approval of the act of September 8, 1960 (74 Stat. 857, Pub. L. 86-729),
shall continue in effect or shall be renewed from time to time, except
for failure to comply with such terms and conditions as may be
prescribed by the Superintendent in these regulations and after
reasonable notice of default and subject to the following provisions of
tenure:
(i) Grazing privileges appurtenant to privately owned lands located
within the Monument shall not be withdrawn until title to the lands to
which such privileges are appurtenant shall have
[[Page 106]]
vested in the United States except for failure to comply with the
regulations applicable thereto after reasonable notice of default.
(ii) Grazing privileges appurtenant to privately owned lands located
outside the Monument shall not be withdrawn for a period of twenty-five
years after September 8, 1960, and thereafter shall continue during the
lifetime of the original permittee and his heirs if they were members of
his immediate family as described herein except for failure to comply
with the regulations applicable thereto after reasonable notice of
default.
(iii) Members of the immediate family are those persons who are
related to and directly dependent upon a person or persons, living on or
conducting grazing operations from lands, as of September 8, 1960, which
the National Park Service recognized as base lands appurtenant to
grazing privileges in the monument. Such interpretation excludes mature
children who, as of that date, were established in their own households
and were not directly dependent upon the base lands and appurtenant
grazing recognized by the National Park Service.
(iv) If title to base lands lying outside the monument is conveyed,
or such base lands are leased to someone other than a member of the
immediate family of the permittee as of September 8, 1960, the grazing
preference shall be recognized only for a period of twenty-five years
from September 8, 1960.
(v) If title to a portion or part of the base land either outside or
inside the monument is conveyed or such base lands are leased, the new
owner or lessee will take with the land so acquired or leased after
September 8, 1960, such proportion of the entire grazing privileges as
the grazing capacity in animal unit months of the tract conveyed or
leased bears to the original area to which a grazing privilege was
appurtenant and recognized. Conveyance or lease of all such base lands
will automatically convey all grazing privileges appurtenant thereto.
(vi) Grazing privileges which are appurtenant to base lands located
either inside or outside the monument as of September 8, 1960, shall not
be conveyed separately therefrom.
(2) Where no reasonable ingress or egress is available to permittees
or nonpermittees who must cross monument lands to reach grazing
allotments or non-Federal lands within the exterior boundary of the
monument or adjacent thereto, the Superintendent will grant, upon
request, a temporary nonfee annual permit to herd stock on a designated
driveway which shall specify the time to be consumed in each single
drive.
(3) After September 8, 1960, no increase in the number of animal
unit months will be allowed on Federal lands in the monument.
(4)(i) A permittee whose privileges are appurtenant to base lands
either inside or outside the monument may be granted total nonuse on a
year to year basis not to exceed three consecutive years. Total nonuse
beyond this time may be granted if necessitated for reasons clearly
outside the control of the permittee. Total unauthorized nonuse beyond
three consecutive years will result in the termination and loss of all
grazing privileges.
(ii) Whenever partial or total non-use is desired an application
must be made in writing to the Superintendent.
(5) Grazing fees shall be the same as those approved for the Bureau
of Land Management and will be adjusted accordingly.
(6) Permittees or nonpermittees who have stock on Federal lands
within the monument at any time or place, when or where herding or
grazing is unauthorized may be assessed fifty cents per day per cow or
horse and ten cents per day per sheep as damages.
(7) The Superintendent may accept a written relinquishment or waiver
of any privileges; however, no such relinquishment or waiver will be
effective without the written consent of the owner or owners of the base
lands.
(8) Permits. Terms and conditions. The issuance and continued
effectiveness of all permits will be subject, in addition to mandatory
provisions required by Executive Order or law, to the following terms
and conditions:
(i) The permittee and his employees shall use all possible care in
preventing forest and range fires, and shall assist in the extinguishing
of forest and range fires on, or within, the vicinity of the
[[Page 107]]
land described in the permit, as well as in the preservation of good
order within the boundaries of the Monument.
(ii) The Superintendent may require the permittee before driving
livestock to or from the grazing allotment to gather his livestock at a
designated time and place for the purpose of counting the same.
(iii) Stock will be allowed to graze only on the allotment
designated in the permit.
(iv) The permittee shall file with the Superintendent a copy of his
stock brand or other mark.
(v) The permittee shall, upon notice from the Superintendent that
the allotment designated in the permit is not ready to be grazed at the
beginning of the designated grazing season, place no livestock on the
allotment for such a period as may be determined by the Superintendent
as necessary to avoid damage to the range. All, or a portion of the
livestock shall be removed from the area before the expiration of the
designated grazing season if the Superintendent determines further
grazing would be detrimental to the range. The number of stock and the
grazing period may be adjusted by the Superintendent at any time when
such action is deemed necessary for the protection of the range.
(vi) No permit shall be issued or renewed until payment of all fees
and other amounts due the National Park Service has been made. Fees for
permits are due the National Park Service and must be paid at least 15
days in advance of the grazing period. No permit shall be effective to
authorize grazing use thereunder until all fees and other amounts due
the National Park Service have been paid. A pro rata adjustment of fees
will be made in the event of reduction of grazing privileges granted in
the permit, except that not more than 50 percent of the total annual
grazing fee will be refunded in the event reduced grazing benefits are
taken at the election of the permittee after his stock are on the range.
(vii) No building or other structure shall be erected nor shall
physical improvements of any kind be established under the permit except
upon plans and specifications approved by the National Park Service. Any
such facilities, structures, or buildings may be removed or disposed of
to a successor permittee within three months following the termination
of the permit; otherwise they shall become the property of the United
States without compensation therefor.
(viii) The permittee shall utilize the lands covered by the permit
in a manner approved and directed by the Superintendent which will
prevent soil erosion thereon and on lands adjoining same.
(ix) The right is reserved to adjust the fees specified in the
permit at any time to conform with the fees approved for the Bureau of
Land Management, and the permittee shall be furnished a notice of any
change of fees.
(x) All livestock are considered as mature animals at 6 months of
age and are so counted in determining animal unit months and numbers of
animals.
(xi) The Superintendent may prescribe additional terms and
conditions to meet individual cases.
(9) The breach of any of the terms or conditions of the permit shall
be grounds for termination, suspension, or reduction of grazing
privileges.
(10) Appeals from the decision of the Superintendent to the Regional
Director, and from the Regional Director to the Director shall be made
in accordance with National Park Service Order No. 14, as amended (19 FR
8824) and Regional Director, Order No. 3, as amended (21 FR 1494).
(11) Nothing in these regulations shall be construed as to prevent
the enforcement of the provisions of the General Rules and Regulations
and the Special Rules and Regulations of the National Park Service or of
any other provisions of said rules and regulations applicable to stock
grazing.
(c) Snowmobiles. (1) Designated routes which will be open to
smowmobile use are approximately 20 miles of the Harpers Corner Road in
Colorado and approximately 2 miles of the Cub Creek Road in Utah. The
Harpers Corner Road section extends from the Plug Hat Overlook to the
Echo Park Road Turnoff. The Cub Creek Road section extends from the Chew
Ranch Road, 1 mile north of the Green River Bridge, to the point where
the Cub Creek Road
[[Page 108]]
leaves the southern boundary of the monument.
(2) On roads designated for snowmobile use, only that portion of the
road or parking area intended for other motor vehicle use may be used by
snowmobiles. Such roadway is available for snowmobile use only when
there is sufficient snow cover and when these roads are closed to all
other motor vehicle use by the public.
(3) Snowmobile use outside designated routes is prohibited. The
superintendent shall determine the opening and closing dates for use of
the designated snowmobile routes each year.
[27 FR 2150, Mar. 16, 1962, as amended at 27 FR 3659, Apr. 18, 1962; 34
FR 7330, May 6, 1969; 49 FR 34481, Aug. 31, 1984; 60 FR 55791, Nov. 3,
1995]
Sec. 7.64 Petersburg National Battlefield.
(a) Alcoholic beverages. The possession or drinking of alcoholic
beverages in any public place or in any motor vehicle is prohibited,
except with the written permission of the Superintendent.
(b) Maintenance of vehicles. Washing, cleaning, waxing, or
lubricating motor vehicles or repairing or performing any mechanical
work upon motor vehicles, except in emergencies, in any public place is
prohibited.
(c) Definition. As used in paragraphs (a) and (b) of this section,
the term ``public place'' shall mean any place, building, road, picnic
area, parking space, or other portion of Petersburg National Battlefield
to which the public has access.
[41 FR 40107, Sept. 17, 1976]
Sec. 7.65 Assateague Island National Seashore.
(a) Hunting. (1) Hunting, except with a shotgun, bow and arrow, or
by falconry is prohibited. Hunting with a shotgun, bow and arrow, or by
means of falconry is permitted in accordance with State law and Federal
regulations in designated hunting areas.
(2) Hunting, or taking of a raptor for any purpose is prohibited
except as provided for by permit in Sec. 2.5 of this chapter.
(3) A hunter shall not enter upon Service-owned lands where a
previous owner has retained use for hunting purposes, without written
permission of such previous owner.
(4) Waterfowl shall be hunted only from numbered Service-owned
blinds except in areas with retained hunting rights; and no firearm
shall be discharged at waterfowl from outside of a blind unless the
hunter is attempting to retrieve downed or crippled fowl.
(5) Waterfowl hunting blinds in public hunting areas shall be
operated within two plans:
(i) First-come, first-served.
(ii) Advance written reservation.
The superintendent shall determine the number and location of first-
come, first-served and/or advance reservation blinds.
(6) In order to retain occupancy rights, the hunter must remain in
or near the blind except for the purpose of retrieving waterfowl. The
leaving of decoys or equipment for the purpose of holding occupancy is
prohibited.
(7) Hunters shall not enter the public waterfowl hunting area more
than 1 hour before legal shooting time and shall be out of the hunting
area within 45 minutes after close of legal shooting time. The blind
shall be left in a clean and sanitary condition.
(8) Hunters using Service-owned shore blinds shall enter and leave
the public hunting area via designated routes from the island.
(9) Prior to entering and after leaving a public hunting blind, all
hunters shall check in at the registration box located on the trail to
the blind he is or has been using.
(10) Parties in blinds are limited to two hunters and two guns
unless otherwise posted at the registratrion box for the blinds.
(11) The hunting of upland game shall not be conducted within 300
yards of any waterfowl hunting blind during waterfowl season.
(12) Hunting on seashore lands and waters, except as designated
pursuant to Sec. 1.5 and Sec. 1.7, is prohibited.
(b) Operation of oversand vehicles--(1) Definitions. In addition to
the definitions found in Sec. 1.4 of this chapter, the following terms
or phrases, when used in this section, have the meanings hereinafter
respectively ascribed to them.
[[Page 109]]
(i) Oversand vehicle. Any motorized vehicle which is capable of
traveling over sand including--but not limited to--over-the-road
vehicles such as beachbuggies, four-wheel-drive vehicles, pickup trucks,
and standard automobiles.
(ii) Self-Contained vehicle. Any towed or self-propelled camping
vehicle that is equipped with a toilet and a permanently installed,
waste, storage tank capable of holding a minimum of 2 days volume of
material.
(iii) Primary dune. Barriers or mounds of sand which are either
naturally created or artificially established bayward of the beach berm
which absorb or dissipate the wave energy of high tides and coastal
storms.
(iv) Dunes crossing. A maintained vehicle accessway over a primary
dune designated and marked as a dunes crossing.
(2) Oversand permits. No oversand vehicle, other than an authorized
emergency vehicle, shall be operated on a beach or designated oversand
route in the park area except under an oversand permit issued by the
Superintendent.
(i) The Superintendent is authorized to establish a system of
special recreation permits for oversand vehicles and to establish
special recreation permit fees for these permits, consistent with the
conditions and criteria of 36 CFR part 71.
(ii) No permit will be issued for a vehicle:
(A) Which is not equipped to travel over sand and which does not
contain the following equipment to be carried at all times when
traveling on a beach or designated oversand route in the park: shovel,
jack, tow rope or chain, board or similar support for the jack, and low
pressure tire gauge;
(B) Which does not conform to applicable State laws having to do
with licensing, registering, inspecting, and insuring of such vehicles;
(C) Which fails to comply with provisions of Sec. 4.10; and
(D) Which does not meet the following standards: On four-wheel-drive
vehicles and trailers towed by any vehicle:
------------------------------------------------------------------------
Per unit
------------------------------------------------------------------------
Maximum vehicle length...................................... 26 ft.
Maximum vehicle width....................................... 8 ft.
Minimum vehicle ground clearance............................ 7 in.
Gross vehicle weight rating may not exceed.................. 10,000 lb.
Maximum number of axles..................................... 2
Maximum number of wheels (per axle)......................... 2
------------------------------------------------------------------------
On two-wheel-drive vehicles, in addition to the six items listed
immediately above: Minimum width of tire tread contact on sand, 8 in.
each wheel. Tires with regular mud/snow grip tread, not acceptable.
Provided, That the Superintendent may issue a single trip permit for a
vehicle of greater weight or length when such use is not inconsistent
with the purposes of the regulations.
(iii) Before issuing a permit, the Superintendent may check the
vehicle to determine whether it complies with the requirements of
paragraphs (b)(2)(ii) (A) through (D) of this section.
(iv) Oversand permits are not transferable and shall be carried by
the operator of the vehicle for which it has been issued while traveling
in the park. It shall be displayed as directed by the Superintendent at
the time of issuance.
(3) Authorized and prohibited travel. (i) Except as otherwise
provided in this section and in applicable sections of parts 2 and 4 of
this chapter, travel by oversand vehicles is permitted south of
Assateague State Park, daily throughout the year at any time, on a
designated oversand route bayward of the primary dune and on designated
portions of a beach seaward of the primary dune.
(ii) Travel by motorcycles is permitted only on public highways and
parking areas within the park area.
(iii)(A) Travel by self-contained vehicles is permitted under
paragraph (b)(3)(i) of this section provided that no overnight parking
is allowed on a beach seaward of the primary dunes at any time.
(B) South of Assateague State Park such vehicles may use designated
self-contained areas bayward of the primary dunes for overnight parking.
Except, That towed travel trailers may travel no farther south than the
northern limits of the Big Fox Levels.
[[Page 110]]
(iv) Travel by oversand vehicles, other than authorized emergency
vehicles, is prohibited on the following portions of the park area
subject, however, to existing rights of ingress and egress.
(A) Between the Assateague State Park and the Ocean City Inlet.
(B) On the beach seaward of the primary dune within designated
portions of the North Beach public use complex.
(C) Provided, however, That the Superintendent may establish times
when oversand vehicles may use a portion of the beach in a public use
complex by posting appropriate signs or marking on a map available at
the office of the Superintendent--or both.
(4) Rules of the road. (i) Oversand vehicles shall be operated only
in established tracks on designated portions of the park area. No such
vehicles shall be operated on any portion of a dune except at posted
crossings nor shall such vehicles be driven so as to cut circles or
otherwise needlessly deface the sand.
(ii) Oversand vehicles shall not be parked so as to interfere with
the flow of traffic on designated oversand routes. Such vehicles may not
park overnight on a beach seaward of the primary dune unless one member
of the party is actively engaged in fishing at all times. Towed travel
trailers used as self-contained vehicles in the off-road portion of the
park area may not be parked on a beach seaward of the primary dunes.
(iii) Upon approaching or passing within 100 feet of a person on
foot, the operator of an oversand vehicle shall reduce speed to 15 miles
per hour. Speed at other times on any designated oversand route shall
not exceed 25 miles per hour.
(iv) When two vehicles approach from opposite directions in the same
track, both operators shall reduce speed; and the operator with the
ocean on his right shall pull out of the track to allow the other
vehicle to pass.
(v) Passengers shall not ride on the fenders, hood, roof, or
tailgate, or in any other position outside of a moving oversand vehicle;
and such vehicles shall not be used to tow a person on any recreational
device over the sand or in the air or water of the park area.
(vi) During an emergency, the Superintendent may close the park; or
he may suspend for such period as he shall deem advisable any or all of
the foregoing regulations in the interest of public safety; and he may
announce such closure or suspension by whatever means are available.
[35 FR 45, Jan. 3, 1970, as amended at 39 FR 31633, Aug. 30, 1974; 41 FR
15008, Apr. 9, 1976; 48 FR 30295, June 30, 1983; 52 FR 10686, Apr. 2,
1986]
Sec. 7.66 North Cascades National Park.
(a) Bait for fishing. The use of nonpreserved fish eggs is
permitted.
(b) Snowmobiles. After consideration of existing special situations,
i.e., depth of snow, and depending on local weather conditions, the
superintendent may designate as open to the use of snowmobiles the
following locations within the National Park:
(1) The Cascade River Road between the park boundary and the Cascade
Pass Trailhead parking area.
(2) The Stehekin Valley Road between the park boundary and
Cottonwood Camp.
[34 FR 11545, July 12, 1969, as amended at 49 FR 19652, May 9, 1984]
Sec. 7.67 Cape Cod National Seashore.
(a) Off-road operation of motor vehicles--(1) Route designations.
The operation of motor vehicles, other than on established roads and
parking areas, is limited to the following oversand routes during the
prescribed dates:
(i) From April 15 through November 15 on the outer beach between the
opening to Hatches Harbor, around Race Point to High Head, and including
the beach access routes at Race Point and High Head and the bypass route
at Race Point Light.
(ii) From January 1 through December 31 on controlled access routes
for residents of individual dune cottages in the Province Lands.
(iii) From April 15 through November 15 on commercial dune taxi
routes following portions of the outer beach and cottage access routes
as described in the commercial vehicle permit.
(iv) Except as described in paragraph (a) (1) (ii), from November 16
through April 14 oversand travel is restricted to
[[Page 111]]
uses and routes approved in writing or by permit by the Superintendent.
(2) Travel restrictions. The operation of a motor vehicle on
oversand routes is subject to all applicable provisions of parts 2 and 4
of this chapter, as well as the specific provisions of this section.
(i) Route limits. (A) On the beach, a vehicle operator shall drive
in a corridor extending from a point 10 feet seaward of the Spring high
tide drift line to the berm crest. An operator may drive below the berm
crest only to pass a temporary cut in the beach but shall regain the
crest immediately following the cut. Delineator posts mark the landward
side of the corridor in critical areas.
(B) On an inland oversand route, a vehicle operator shall drive only
in a lane designated by pairs of delineator posts showing the sides of
the route.
(ii) An oversand route is closed at any time that tides, nesting
birds or surface configuration prevent vehicle travel within the
designated corridor.
(iii) When two vehicles meet on the beach, the operator of the
vehicle with the water on the left shall yield.
(iv) When two vehicles meet on a single-lane oversand route, the
operator of the vehicle in the best position to yield shall pull out of
the track and then shall back into the established track before resuming
the original direction of travel.
(v) When the process of freeing a vehicle which has been stuck
results in ruts or holes, the operator shall fill the ruts or holes
created by such activity before removing the vehicle from the immediate
area.
(vi) The following are prohibited:
(A) Driving off a designated oversand route.
(B) Exceeding a speed of 15 miles per hour unless posted otherwise.
(C) Parking a vehicle in an oversand route so as to interfere with
traffic.
(D) Riding on a fender, tailgate, roof or any other location on the
outside of a vehicle.
(E) Driving a vehicle across a protected swimming beach at any time
when it is posted with a sign prohibiting vehicles.
(F) Operating a motorcycle on an oversand route.
(3) Equipment requirements. (i) Each vehicle operated on an oversand
route shall be equipped as follows:
(A) Shovel;
(B) Tow rope, chain, cable or other similar towing device;
(C) Jack;
(D) Jack support board;
(E) Low pressure tire gauge; and
(F) Five tires that meet or exceed standards established and made
available by the Superintendent. These standards describe the approved
tires for oversand travel and are subject to frequent revision due to
technological and nomenclature changes by tire manufacturers.
(ii) Operating a vehicle on an oversand route without the required
equipment is prohibited.
(4) Oversand permits. No oversand vehicle, other than an authorized
emergency vehicle, shall be operated on a designated oversand route
without an oversand permit issued by the Superintendent.
(i) Private oversand permits. The Superintendent may establish a
system of special recreation permits for oversand vehicles and establish
special recreation permit fees for these permits consistent with the
conditions and criteria of part 71 of this chapter.
(A) Prior to being issued a permit, an operator of an oversand
vehicle shall:
(1) Demonstrate that the vehicle is equipped as required in
paragraph (a) (3) of this section; and
(2) Demonstrate evidence of compliance with all Federal and State
regulations that apply to licensing, registering, inspecting and
insuring such a vehicle.
(B) Prior to being issued a permit, an applicant for an oversand
permit and any other operator of the applicant's vehicle shall view an
oversand vehicle operation educational program prescribed by the
Superintendent.
(C) The Superintendent shall affix an oversand permit to the
permitted vehicle at the time of issuance.
(D) Transfer of an oversand permit from one vehicle to another is
prohibited.
(E) During the period from November 16 through April 14 the
Superintendent may issue a limited-access pass to the holder of an
oversand permit.
[[Page 112]]
(1) Travel under this pass is limited to that portion of the beach
between High Head and Hatches Harbor only.
(2) Vehicle travel under this pass is prohibited within two hours
either side of high tide.
(3) The pass will specify the times and routes of travel authorized.
(4) The pass may be issued for the following purposes:
(i) Access to town shellfish beds at Hatches Harbor;
(ii) Recovery of personal property, flotsam and jetsam from the
beach; or
(iii) Caretaker functions at a dune cottage.
(ii) Commercial vehicle permits. The operation of a passenger
vehicle for hire on a designated oversand route is permitted only
pursuant to a commercial vehicle permit issued by the Superintendent,
subject to all applicable regulations in this section and all applicable
Federal, State and local regulations concerning vehicles for hire.
(A) Commercial vehicle permits are limited to 18, which is the
number issued in the 1981 permit year.
(B) Each operator of a passenger vehicle for hire who is engaged in
carrying passengers for a fee on a designated oversand route shall
obtain a guide permit issued by the Superintendent. Such permit may only
be issued upon a showing that the applicant possesses adequate knowledge
of the Seashore's off-road system and points of interest and has
complied with all applicable Federal, State and local regulations.
(C) Annual permit fees.
(1) Commercial Vehicle Permit: $10 for each passenger carrying seat
in the vehicle to be operated.
(2) Guide Permit: $15 for the calendar year or any part thereof.
(iii) Failure to comply with any provision of an oversand permit or
with any regulation listed in this section or part 2 or part 4 of this
chapter is prohibited and is grounds for immediate revocation of an
oversand permit.
(5) Camping. (i) Camping is allowed only in two designated self-
contained vehicle areas on the beach having a combined total capacity of
100 vehicles.
(ii) Only an operator and occupants of a vehicle having a self-
contained water or chemical toilet and a permanently installed holding
tank with a minimum capacity of 3 days' waste material may camp on the
beach.
(A) An operator shall drive such vehicle off the beach for the
purpose of emptying holding tanks at a dumping station at intervals of
no more than 72 hours.
(B) Before returning to the beach, a vehicle operator shall check in
as specified by the Superintendent.
(iii) An operator shall not drive a self-contained vehicle outside
the limits of a designated camping area except when entering or leaving
the beach by the most direct route.
(iv) Each oversand permit holder is limited to a maximum of 21 days
camping on the beach from July 1st through Labor Day.
(v) Tents and camping trailers are prohibited on the beach.
(vi) Beach camping in any manner other than authorized by this
section is prohibited.
(6) Information collection. The information collection requirements
contained in Sec. 7.67(a)(4) have been approved by the Office of
Management and Budget under 44 U.S.C. 3501 et seq. and assigned
clearance number 1024-0026. The information is being collected to
solicit information necessary for the Superintendent to issue off-road
vehicle permits. This information will be used to grant administrative
benefits. The obligation to respond is required to obtain a benefit.
(b) Aircraft. (1) Land based aircraft may be landed only at the
Provincetown Airport approximately one-half mile south of Race Point
Beach in the Provincelands area.
(2) Float equipped aircraft may be landed only on federally
controlled coastal water in accordance with Federal, State, and local
laws and regulations.
(c) Motorboats. Motorboats are prohibited from all federally owned
ponds and lakes within the seashore in Truro and Provincetown.
(d) Shellfishing. Shellfishing, by permit from the appropriate town,
is permitted in accordance with applicable Federal, State, and local
laws.
(e) Public nudity. Public nudity, including public nude bathing, by
any person on Federal land or water within the boundaries of Cape Cod
National
[[Page 113]]
Seashore is prohibited. Public nudity is a person's intentional failure
to cover with a fully opaque covering that person's own genitals, pubic
areas, rectal area, or female breast below a point immediately above the
top of the areola when in a public place. Public place is any area of
Federal land or water within the Seashore, except the enclosed portions
of bathhouses, restrooms, public showers, or other public structures
designed for similar purposes or private structures permitted within the
Seashore, such as trailers or tents. This regulation shall not apply to
a person under 10 years of age.
(f) Hunting. (1) Hunting is allowed at times and locations
designated as open for hunting.
(2) Only deer, upland game, and migratory waterfowl may be hunted.
(3) Hunting is prohibited from March 1 through August 31 of each
year.
[35 FR 8446, May 29, 1970, as amended at 40 FR 12789, Mar. 21, 1975; 40
FR 19197, May 2, 1975; 49 FR 18451, Apr. 30, 1984; 50 FR 31181, Aug. 1,
1985]
Sec. 7.68 Russell Cave National Monument.
(a) Caves--(1) Closed Areas. Entering, exploring, or remaining
within any cave area other than the public archeological exhibit without
prior written permission of the Superintendent is prohibited.
(2) Permits. Permits for entry into other than public exhibit areas
of the cave will be issued within limitations of safety provided the
applicant satisfies the Superintendent that he has proper equipment for
cave exploration, such as lighting equipment, protective headwear, and
appropriate shoes or boots. Other reasonable administrative requirements
may be imposed by the Superintendent provided reasonable notice of these
requirements is given to the applicant.
(3) Solo Exploration. Solo exploration is not permitted in the caves
other than in the public archeological exhibit areas.
[35 FR 7557, May 15, 1970]
Sec. 7.69 Ross Lake National Recreation Area.
(a) Snowmobiles. After consideration of existing special situations,
i.e., depth of snow, and depending on local weather conditions, and
subject to any and all restrictions or prohibitions further imposed by
the State of Washington on Highway 20, the superintendent may designate
as open to the use of snowmobiles the following locations within the
Ross Lake National Recreation Area:
(1) State Highway 20, that portion normally closed to motor vehicles
during the winter season.
(2) The Hozomeen entrance road from the U.S./Canadian border to the
end of the road at East Landing.
(3) Access and circulatory roads in the Hozomeen developed area
normally open to public motor vehicle use.
(4) The Thornton Lake Road from State Highway 20 to Thornton Lake
Trailhead parking area.
(5) The Damnation Creek Road from its junction with the Thornton
Lake Road to the North Cascades National Park boundary.
(6) The Newhalem Creek Road from State Highway 20 to its junction
with the down-river road on the south side of the Skagit River.
(7) The down-river road on the south side of the Skagit River from
its junction with the Newhalem Creek Road to the end of the road across
the Skagit River from the mouth of Sky Creek.
(b) Aircraft. The operation of aircraft is allowed on the entire
water surface of Diablo Lake and Ross Lake, except that operating an
aircraft under power on water surface areas within 1,000 feet of Diablo
Dam or Ross Dam or on those posted as closed for fish spawning is
prohibited.
(c) Weapons. The following location is designated for target
practice between the hours of sunrise and sunset, subject to all
applicable Federal, State, and local laws: in the SE \1/4\ of sec. 19,
and the NE \1/4\ of sec. 30, T. 37 N., R. 12 E., WM, approximately 200
yards northwest of State Route 20 near mile marker 119, the area known
as the Newhalem rifle range.
[49 FR 19652, May 9, 1984 as amended at 50 FR 51856, Dec. 20, 1985; 54
FR 48869, Nov. 28, 1989]
[[Page 114]]
Sec. 7.70 Glen Canyon National Recreation Area.
(a) Designated airstrips. (1) Wahweap, latitude 36 deg.59'45'' N.,
longitude 111 deg.30'45'' W.
(2) Bullfrog, latitude 37 deg.33'00'' N., longitude 110 deg.42'45''
W.
(3) Halls Crossing, latitude 37 deg.28'10'' N., longitude
110 deg.42'00'' W.
(4) Hite, latitude 37 deg.53'30'' N., longitude 110 deg.23'00'' W.
(5) Gordon Flats, latitude 38 deg.10'30'' N., longitude
110 deg.09'00'' W.
(6) The entire surface of Lake Powell, subject to the restrictions
contained in Sec. 2.17 of this chapter.
(b) Unattended property. Vehicles or boat trailers, or vehicle/boat
trailer combinations, may be left unattended for periods of up to 14
days, when parked in parking areas adjacent to designated boat launching
sites, without the prior permission of the Superintendent. Any vehicle
or boat trailer or vehicle/boat trailer combination which is left in
parking areas adjacent to designated boat launching sites for over 14
days may be impounded by the Superintendent.
(c) Water sanitation. All vessels with marine toilets so constructed
as to permit wastes to be discharged directly into the water shall have
such facility sealed to prevent discharge. Chemical or other type marine
toilets with approved holding tanks or storage containers shall be
permitted but will be discharged or emptied only at designated sanitary
pumping stations.
(d) [Reserved]
(e) Colorado River white-water boat trips. The following regulations
shall apply to all persons using the waters of, or Federally owned land
administered by the National Park Service along the Colorado River
within Glen Canyon National Recreation Area, from the Lees Ferry launch
ramp downstream to the eastern boundary of Grand Canyon National Park:
(1) No person shall operate a vessel engaging in predominantly
upstream travel or having a total horsepower in excess of 55 without a
permit from the Superintendent.
(2) U.S. Coast Guard approved life preservers shall be worn by every
person while traveling in boats or rafts on this section of the river,
or while lining or portaging near rough water. One extra preserver must
be carried on each vessel for each ten (10) passengers.
(3) No person shall conduct, lead or guide a river trip through Glen
Canyon Recreation Area unless such person possesses a permit issued by
the Superintendent of Grand Canyon National Park. The National Park
Service reserves the right to limit the number of such permits issued,
or the number of persons traveling on trips authorized by such permits
when in the opinion of the National Park Service such limitations are
necessary in the interest of public safety or protection of the
ecological and environmental values of the area.
(i) The Superintendent of Grand Canyon National Park shall issue a
permit upon a determination that the person leading, guiding, or
conducting a river trip is experienced in running rivers in white-water
navigation of similar difficulty, and possesses appropriate equipment,
which is identified in the terms and conditions of the permit.
(ii) No person shall conduct, lead, guide, or outfit a commercial
river trip without first securing the above permit and possessing an
additional permit authorizing the conduct of a commercial or business
activity in the recreation area.
(iii) An operation is commercial if any fee, charge, or other
compensation is collected for conducting, leading, guiding, or
outfitting a river trip. A river trip is not commercial if there is a
bona fide sharing of actual expenses.
(4) All human waste will be taken out of the Canyon and deposited in
established receptacles, or will be disposed of by such means as is
determined by the Superintendent.
(5) No person shall take a dog, cat, or other pet on a river trip.
(6) The kindling of a fire is permitted only on beaches. All fires
must be completely extinguished only with water before abandoning the
area.
(7) Swimming and bathing are permitted except in locations
immediately above rapids, eddies, and riffles or near rough water.
(8) No camping is allowed along the Colorado River bank between the
Lees Ferry launch ramp and the Navajo Bridge.
[[Page 115]]
(9) All persons issued a river trip permit shall comply with all
terms and conditions of the permit.
(f) Assembly and launching of river rafts and boats. The following
regulations shall apply to all persons designated under paragraph (e) of
this section (Colorado white-water trips):
(1) The assembly and launching of rafts or boats, and parking or
storing of any related equipment or supplies is restricted to those
areas designated by the Superintendent.
(2) Within such designated areas, the Superintendent may assign or
limit space and designate time periods of operation for each individual
river trip or operator.
[32 FR 5424, Mar. 31, 1967, as amended at 33 FR 11358, Aug. 9, 1968; 34
FR 2206, Feb. 14, 1969; 34 FR 11302, July 8, 1969; 36 FR 23294, Dec. 8,
1971; 40 FR 27030, June 26, 1975; 41 FR 27723, July 6, 1976; 42 FR
25857, May 20, 1977; 48 FR 30295, June 30, 1983]
Sec. 7.71 Delaware Water Gap National Recreation Area.
(a) [Reserved]
(b) Designated snowmobile routes. (1) A route in Middle Smithfield
Township, Monroe County, Pennsylvania, bounded by the Delaware River on
the east and Hidden Lake on the west. The route begins at the Smithfield
Beach parking area and is in two loops. Loop One is a small trail
approximately 3 miles long and follows the west bank of the Delaware
River and closely parallels the east side of L. R. 45012 (commonly known
as the River Road). Loop Two is approximately 6 miles long and begins at
the northwest end of Loop One; it goes northeasterly between the
Delaware River and River Road for about one mile until it crosses River
Road; then southwesterly along the ridge which is south of Hidden Lake
to a point opposite the west end of Hidden Lake, and then goes
southeasterly until it returns to Loop One near River Road. Maps of the
route are available at Smithfield Beach and at the office of the
superintendent. Both loops are marked by appropriate signs.
(2) [Reserved]
(c) Technical rock climbing--(1) Definition. The term ``technical
rock climbing'' is defined to mean climbing where such technical
climbing aids as pitons, carabiners or snap links, ropes, expansion
bolts, or other mechanical equipment are used to make the climb.
(2) Registration. Registration is required with the Superintendent
prior to any technical rock climbing. The registrant is required to
notify the Superintendent upon completion of the climb.
(d) Commercial Vehicles. (1) Notwithstanding the prohibition of
commercial vehicles set forth at Sec. 5.6 of this chapter, the following
commercial vehicles are authorized to use that portion of U.S. Highway
209 located within the Delaware Water Gap National Recreation Area:
(i) Those operated by businesses based within the recreation area;
(ii) Those operated by businesses which as of July 30, 1983,
operated a commercial vehicular facility in Monroe, Pike, or Northampton
Counties, PA, and the vehicle operation originates or terminates at such
facility;
(iii) On a first come-first served basis, up to 125 northbound and
up to 125 southbound commercial vehicles per day serving businesses or
persons in Orange County, Rockland County, Ulster County or Sullivan
County, New York; and
(iv) Those operated in order to provide services to businesses and
persons located in or contiguous to the boundaries of the recreation
area.
(2) Contiguous Areas. All land within the exterior boundaries of
Lehman, Delaware, Milford, Dingman, Stroud, Westfall, Middle Smithfield,
Smithfield and Upper Mount Bethel townships is deemed contiguous to the
recreation area.
(e) Commercial vehicle fees--(1) Fee Schedule: Fees are charged for
those commercial vehicular uses described in paragraphs (d)(1)(i), (ii)
and (iii) of this section based on the number of axles and wheels on a
vehicle, regardless of load or weight, as follows:
(i) Two-axle car, van or pickup................................ $1
(ii) Two-axle 4-wheel vehicle with trailer..................... 2
(iii) Two-axle 6-wheel vehicle................................. 3
(iv) Three-axle vehicle........................................ 4
(v) Four-axle vehicle.......................................... 6
(vi) Five or more-axle vehicle................................. 7
The fees charged are for one trip, one way.
[[Page 116]]
(2) Exceptions. The following commercial vehicles are exempt from
the commercial fee requirements.
(i) Vehicles necessary to provide services to businesses or persons
within, or contiguous to the recreation area.
(ii) Any vehicle owned by a Federal, State or municipal agency.
(iii) Any vehicle owned or operated by a publicly owned utility
company.
(iv) Any vehicle operated by a non-profit or educational
organization.
(v) Any commercially licensed vehicle or vehicle otherwise
identified as a commercial vehicle, when at that particular time it is
being used for non-commercial purposes.
(f) 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.
(g) Fishing. Unless otherwise designated, fishing in any manner
authorized under applicable State law is allowed.
[34 FR 13595, Aug. 23, 1969, as amended at 47 FR 4256, Jan. 29, 1982; 48
FR 30295, June 30, 1983; 48 FR 46780, 46782, Oct. 14, 1983; 49 FR 9421,
Mar. 13, 1984; 49 FR 18451, Apr. 30, 1984; 50 FR 34130, Aug. 23, 1985;
51 FR 40419, Nov. 7, 1986; 52 FR 34777, Sept. 15, 1987]
Sec. 7.72 Arkansas Post National Memorial.
(a) Launching, beaching, or landing of vessels. Except in
emergencies, no vessel shall be launched, beached, or landed from or on
lands within the Arkansas Post National Memorial.
[35 FR 13206, Aug. 19, 1970]
Sec. 7.73 Buck Island Reef National Monument.
(a) [Reserved]
(b) Marine operations. No dredging, excavating or filling operations
of any kind are permitted, and no equipment, structures, byproducts or
excavated materials associated with such operations may be deposited in
or on the waters or ashore within the boundaries of the Monument.
(c) Wrecks. No person shall destroy molest, remove, deface, displace
or tamper with wrecked or abandoned waterborne craft of any type or
condition, or any cargo pertaining thereto, unless permitted in writing
by an authorized official of the National Park Service.
(d) Boats. (1) No watercraft shall be operated in such a manner, nor
shall anchors or any other mooring device be cast or dragged or placed,
so as to strike or otherwise cause damage to any underwater features.
(2) Anchoring or maneuvering watercraft within the waters that
contain underwater marked swimming trails and interpretive signs is
prohibited.
(3) All watercraft, carrying passengers for hire, shall comply with
applicable regulations and laws of the U.S. Coast Guard and Territory of
the Virgin Islands.
(e) Fishing. (1) Taking of fishes or any other marine life in any
way except with rod or line, the rod or line being held in the hand, is
prohibited: Provided, That fish may be taken by pots or traps of
conventional Virgin Islands design and not larger than five feet at the
greatest dimension, and bait fish may be taken by nets of no greater
overall length than 20 feet and of mesh not larger than 1 inch
stretched: Provided further, That paragraphs (e) (3), (4), and (5) of
this section shall apply.
(2) The use or possession of any type of spearfishing equipment
within the boundaries of the Monument is prohibited.
(3) The species of crustaceans known as Florida Spiny Lobster
(Panulirus argus) may be taken by hand or handheld hook or snare. No
person shall take female lobsters with eggs; or take more than two
lobsters per person per day; or have in possession more than two days'
limit: Provided, That paragraph (e)(5) of this section shall apply.
(4) Species of mollusks commonly known as whelks and conchs may be
taken by hand. No person shall take more than two conchs or one gallon
of whelks, or both, per day, or have in possession more than two days'
limit; Provided, That paragraph (e) (5) of this section shall apply.
(5) All known means of taking fish, crustaceans, mollusks, turtles,
or other marine life are prohibited between the outer fringes of the
barrier reef and the shore line of Buck Island eastward of
[[Page 117]]
the recognizable extremities of the sand beach on the north and south
sides of the island.
[29 FR 17091, Dec. 15, 1964, as amended at 48 FR 30295, June 30, 1983]
Sec. 7.74 Virgin Islands National Park.
(a) [Reserved]
(b) Marine operations. No dredging, excavating or filling operations
of any kind are permitted, and no equipment, structures, byproducts or
excavated materials associated with such operations may be deposited in
or on the waters or ashore within the boundaries of the Park.
(c) Wrecks. No person shall destroy, molest, remove, deface,
displace or tamper with wrecked or abandoned waterborne craft of any
type or condition, or any cargo pertaining thereto unless permitted in
writing by an authorized official of the National Park Service.
(d) Boats. (1) No watercraft shall be operated in such a manner, nor
shall anchors or any other mooring device be cast or dragged or placed,
so as to strike or otherwise cause damage to any underwater features.
(2) Anchoring or maneuvering watercraft within the waters that
contain underwater marked swimming trails and interpretive signs is
prohibited.
(3) Vessels desiring to enter Trunk Bay must enter and depart
between the two outer buoys delineating the prescribed anchorage area,
and shall anchor within described area, and no other, making sure the
vessel will lie within this area regardless of wind or sea conditions:
Except, that hand-propelled craft may be used to transport passengers
and equipment between the anchorage area and the beach.
(4) All vessels carrying passengers for hire shall comply with
applicable laws and regulations of the United States Coast Guard and
Territory of the Virgin Islands.
(e) Fishing. (1) Taking of fishes or any other marine life in any
way except with rod or line, the rod or line being held in the hand, is
prohibited: Provided, That fish may be taken by pots or traps of
conventional Virgin Islands design and not larger than five feet at the
greatest dimension, and bait fish may be taken by nets of no greater
overall length than 20 feet and of mesh not larger than 1 inch
stretched: Provided further, That paragraphs (e) (3), (4), and (5) of
this section shall apply.
(2) The use or possession of any type of spearfishing equipment
within the boundaries of the park is prohibited.
(3) The species of crustaceans known as Florida Spiny Lobster
(Panulirus argus) may be taken by hand or hand-held hook. No person
shall take female lobsters with eggs; or take more than two lobsters per
person per day; or have in possession more than two days' limit:
Provided, That paragraph (e)(5) of this section shall apply.
(4) Species of mollusks commonly known as whelks and conchs may be
taken by hand. No person shall take more than two conchs or one gallon
of whelks, or both, per day, or have in possession more than two days'
limit: Provided, That paragraph (e)(5) of this section shall apply.
(5) All known means of taking fish, crustaceans, mollusks, turtles,
or other marine life are prohibited in Trunk Bay and in other waters
containing underwater signs and markers.
[29 FR 17091, Dec. 15, 1964, as amended at 48 FR 30296, June 30, 1983]
Sec. 7.75 Padre Island National Seashore.
(a) Off-road motor vehicle and motorcycle operation. (1) The
following regulations pertain to the operation of motor vehicles and
motorcycles off established roads and parking areas. The operation of
such vehicles and motorcycles is subject also to the applicable
provisions of part 4 of this chapter and paragraphs (e) and (g) of this
section.
(i) No person may operate a motor vehicle or motorcycle without a
valid operator's license or learner's permit in his possession; an
operator who has a learner's permit must be accompanied by an adult who
has a valid operator's license; a driver's license or learner's permit
must be displayed upon the request of any authorized person.
(ii) In addition to the requirements of Sec. 4.10 of this chapter,
every motor vehicle and motorcycle must have an operable horn,
windshield wiper or wipers (except motorcycles), brake light or lights,
and rearview mirror.
[[Page 118]]
(iii) Motor vehicles and motorcycles must have valid license plates.
(iv) Every motor vehicle and motorcycle must have a valid State
vehicle inspection certificate when such certificate is required for
highway use in the State in which the vehicle is licensed.
(v) When two motor vehicles or motorcycles meet on the beach, the
operator of the vehicle in southbound traffic shall yield the right-of-
way, where necessary, by turning out of the track to the right.
(2) Off-road motor vehicle and motorcycle use areas and routes. The
following routes and areas are open to such vehicles: (i) Travel is
permitted on all of the beach adjacent to the Gulf of Mexico, except for
the approximately 4\1/2\ miles of beach between the North and South
Beach Access Roads.
(ii) The route west of Big Shell Beach, locally known as the Back
Road. This route begins on the beach adjacent to the Gulf of Mexico
approximately three miles south of Yarborough Pass and returns to the
beach approximately 15 miles south of Yarborough Pass.
(iii) The route beginning on the beach adjacent to the Gulf of
Mexico approximately 11 miles south of Yarborough Pass and ending with
its intersection with the Back Road approximately one mile west of the
beach. This route is locally known as the Dunn Ranch Road.
(iv) Travel is permitted in an area within 200 feet of the north
bank of the Mansfield Channel, beginning on the beach adjacent to the
Gulf of Mexico and ending approximately \3/4\ mile west of the beach.
(b) Hunting. (1) Hunting is prohibited, except that during the open
season prescribed by State and Federal agencies, the hunting of
waterfowl is allowed upon the waters of Laguna Madre wherever a floating
vessel of any type is capable of being operated, at whatever tide level
may exist. Provided, however, that the waters surrounding North and
South Bird Islands and other designated rookery islands are closed to
all hunting as posted. Hunting, where authorized, is allowed in
accordance with all applicable Federal, State and local laws for the
protection of wildlife.
(2) The erecting of a structure for use as a hunting blind is
prohibited except that a temporary blind may be used when removed at the
end of each hunting day.
(c)--(d) [Reserved]
(e) Prohibited vehicle operations. The following operations are
prohibited on and off established roads and parking areas.
(1) The use of ground effect or aircushion vehicles is prohibited.
(2) The use of vehicles propelled by the wind, commonly known as
sail cars, is prohibited.
(3) Towing of persons behind vehicles on a sled, box, skis,
surfboard, parachute, or in any other way is prohibited.
(4) Riding on fenders, tailgate, roof, or any other position outside
of the vehicle is prohibited.
(f) [Reserved]
(g) Speed. Except where different speed limits are indicated by
posted signs or markers, speed of automobiles and other vehicles shall
not exceed 25 miles per hour where driving is permitted on the beach.
(h) Mineral exploration and extraction--(1) Scope. The regulations
in this paragraph are made, prescribed, and published pursuant to the
Act of September 28, 1962, 76 Stat. 651, 16 U.S.C. 459d-3 (1964), to
provide for the occupation and use of so much of the surface of the land
or waters within the Padre Island National Seashore--for all purposes
reasonably incident to the mining and removal of oil and gas minerals
and of other minerals which can be removed by similar means--in a manner
that will be consistent with development of recreational facilities by
the Secretary of the Interior, with surface use of the lands and waters
in the Seashore by the public for recreational purposes and with
preservation of the area's natural features and values. The provisions
of these regulations shall govern also any right of occupation or use of
the surface within the boundaries of the Seashore, granted by the
Secretary subsequent to April 11, 1961, for the exploration,
development, production, storing, processing or transporting of oil and
gas minerals that are
[[Page 119]]
removed from outside the boundaries of the Seashore. They shall not
apply to such rights of occupation or use existing on April 11, 1961,
which are reasonably necessary.
(2) Operator. As used in this paragraph, an operator shall mean
anyone who in accordance with the provisions of the aforesaid Act of
September 28, 1962, possesses the right (whether as owner of a mineral
interest, lessee, holder of operating rights, or otherwise), to mine or
remove minerals from lands within the Padre Island National Seashore or
the right to occupy or use the surface of Seashore lands for the
exploration, development, production, storing, processing or
transporting of oil and gas minerals that are removed from outside the
boundaries of the Seashore.
(3) Exercise of non-Federal Oil and Gas Rights. Before entering the
National Seashore for the purpose of conducting any operations pursuant
to a mineral interest authorized under the Act providing for
establishment of the Seashore, the operator shall comply with the
requirements of part 9, subpart B of this chapter.
(4) All activities relating to the exercise of mineral interests
which take place within the boundaries of the park shall be in
accordance with an approved Plan of Operations.
(5) Applicability of State laws. All operators, as defined in
subparagraph (2) of this paragraph shall abide by all rules and
regulations as may be prescribed by the Texas Railroad Commission or
other authority of the State of Texas.
[31 FR 3458, Mar. 5, 1966, as amended at 39 FR 40156, Nov. 14, 1974; 43
FR 6229, Feb. 14, 1978; 48 FR 30296, June 30, 1983; 51 FR 35647, Oct. 7,
1986; 52 FR 10686, Apr. 2, 1987]
Sec. 7.76 Wright Brothers National Memorial.
(a) Designated airstrip. Wright Brothers National Memorial Airstrip,
located at Kill Devil Hills, N.C.
(b) Use of airstrip. Except in emergencies, no aircraft may be
parked, stopped, or left unattended at the designated airstrip for more
than 24 consecutive hours, or for more than a total of 48 hours during
any 30-day period.
[32 FR 2564, Feb. 7, 1967]
Sec. 7.77 Mount Rushmore National Memorial.
(a) Climbing Mount Rushmore is prohibited.
[32 FR 13071, Sept. 14, 1967]
Sec. 7.78 Harpers Ferry National Historical Park.
(a) All persons shall register at park headquarters before climbing
any portion of the cliff face of Maryland Heights. A registrant shall
check out, upon completion of climbing, in the manner specified by the
registering official.
[34 FR 8356, May 30, 1969]
Sec. 7.79 Amistad Recreation Area.
(a) Hunting. (1) Hunting is allowed at times and locations
designated as open for hunting.
(2) The hunting season and species allowed to be taken will be
designated on an annual basis by the superintendent.
(3) Deer, javelina, and turkey may be taken only by long bow and
arrow. Water fowl and game birds may be taken only by shotguns and bird
shot. The use of all other weapons for hunting is prohibited.
(b) Fishing. Unless otherwise designated, fishing in a manner
authorized under applicable State law is allowed.
(c) Water sanitation. All vessels with marine toilets so constructed
as to permit wastes to be discharged directly into the water shall have
such facility sealed to prevent discharge. Chemical or other type marine
toilets with approved holding tanks or storage containers shall be
permitted but will be discharged or emptied only at designated sanitary
pumping stations.
[34 FR 6524, Apr. 16, 1969, as amended at 34 FR 15415, Oct. 3, 1969; 49
FR 18451, Apr. 30, 1984]
Sec. 7.80 Sleeping Bear Dunes National Lakeshore.
(a) 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.
[[Page 120]]
(b) Fishing. Unless otherwise designated, fishing in a manner
authorized under applicable State law is allowed.
[49 FR 18451, Apr. 30, 1984]
Sec. 7.81 Point Reyes National Seashore.
(a) 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.
[49 FR 18451, Apr. 30, 1984]
Sec. 7.82 Apostle Islands National Lakeshore.
Fishing. Unless otherwise designated, fishing in a manner authorized
under applicable State law is allowed.
[49 FR 18451, Apr. 30, 1984]
Sec. 7.83 Ozark National Scenic Riverways.
(a) Restrictions for motorized vessels. (1) On waters situated
within the boundaries of Ozark National Scenic Riverways, the use of a
motorized vessel is limited to a vessel equipped with an outboard motor
only.
(2) For the purposes of this section, horsepower ratings on a
particular motor will be based upon the prevailing industry standard of
power output at the propeller shaft as established by the manufacturer.
(3) The use of a motorized vessel is allowed as follows:
(i) Above the Big Spring landing on the Current River and below
Alley Spring on the Jacks Fork River with an outboard motor not to
exceed 40 horsepower.
(ii) Above Round Spring on the Current River and above Alley Spring
on the Jacks Fork River with an outboard motor not to exceed 25
horsepower.
(iii) Above Akers Ferry on the Current River from May 1 to September
15 with an outboard motor not to exceed 10 horsepower.
(iv) Above Bay Creek on the Jacks Fork River from March 1 to the
Saturday before Memorial Day with an outboard motor not to exceed 10
horsepower.
(4) Operating a motorized vessel other than as allowed in
Sec. 7.83(a) is prohibited.
(b) Scuba Diving. (1) Scuba diving is prohibited within all springs
and spring branches on federally owned land within the boundaries of
Ozark National Scenic Riverways without a written permit from the
superintendent.
(2) Permits. The superintendent may issue written permits for scuba
diving in springs within the boundaries of the Ozark National Scenic
Riverways; Provided,
(i) That the permit applicant will be engaged in scientific or
educational investigations which will have demonstrable value to the
National Park Service in its management or understanding of riverways
resources.
(ii) [Reserved]
(c) Commercial Activities. The activities listed herein constitute
commercial activities which are prohibited within the boundaries of
Ozark National Scenic Riverways, except in accordance with the
provisions of a permit, contract, or other written agreement with the
United States. The National Park Service reserves the right to limit the
number of such permits, contracts or other written agreements, when, in
the judgment of the Service, such limitation is necessary in the
interest of visitor enjoyment, public safety, or preservation or
protection of the resources or values of the Riverways.
(1) The sale or rental of any goods or equipment to a member or
members of the public which is undertaken in the course of an ongoing or
regular commercial enterprise.
(2) The performance of any service or activity for a member or
members of the public in exchange for monetary or other valuable
consideration.
(3) The delivery or retrieval within the boundaries of Ozark
National Scenic Riverways of watercraft or associated boating equipment
which has been rented to a member or members of the public at a location
not within the Riverways, when such delivery or retrieval is performed
by a principal, employee or agent of the commercial enterprise offering
the equipment for rental and when these services are performed as an
integral part, necessary complement, or routine adjunct of or to the
rental transaction, whether or not any charge, either separately or in
[[Page 121]]
combination with any other charge, is made for these services.
(4) The performance, by a principal, employee, or agent of a
commercial enterprise, within the boundaries of Ozark National Scenic
Riverways of any other service or activity for which a fee, charge or
other compensation is not collected, but which is an integral part,
necessary complement, or routine adjunct of or to any commercial
transaction undertaken by that enterprise for which monetary or other
valuable consideration is charged or collected, even though such
transaction is initiated, performed, or concluded outside the boundaries
of the Riverways.
(5) The solicitation of any business, employment, occupation,
profession, trade, work or undertaking, which is engaged in with some
continuity, regularity or permanency for any livelihood, gain, benefit,
advantage, or profit.
(d) Fishing. (1) Unless otherwise designated, fishing in a manner
authorized under applicable State law is allowed.
(2) The superintendent may designate times and locations and
establish conditions under which the digging of bait for personal use is
allowed.
(e) Frogs, turtles and crayfish. (1) The superintendent may
designate times and locations and establish conditions governing the
taking of frogs, turtles and/or crayfish upon a written determination
that the taking of frogs, turtles and/or crayfish:
(i) Is consistent with the purposes for which the area was
established; and
(ii) Will not be detrimental to other park wildlife or the
reproductive potential of the species to be taken; and
(iii) Will not have an adverse effect on the ecosystem.
(2) Violation of established conditions or designations is
prohibited.
[38 FR 5851, Mar. 5, 1973, as amended at 41 FR 23959, June 14, 1976; 49
FR 18451, Apr. 30, 1984; 50 FR 43388, Oct. 25, 1985; 56 FR 30696, July
5, 1991; 56 FR 37158, Aug. 5, 1991]
Sec. 7.84 Channel Islands National Park.
(a) [Reserved]
(b) Wrecks. No person shall destroy, molest, remove, deface,
displace, or tamper with wrecked and abandoned water or airborne craft
or any cargo pertaining thereto.
(c) Fishing. The taking of any fish, crustaceans, mollusk, or other
marine life shall be in compliance with State regulations except that:
(1) No invertebrates may be taken in water less than five (5) feet
in depth.
(2) The taking of abalone and lobsters for commercial purposes is
prohibited in the following areas:
(i) Anacapa Island. Northside to exterior boundary of the monument
between east end of Arch Rock 119 deg.21'-34 deg.01' and west end of
island, 119 deg.27'-34 deg.01'.
(ii) Santa Barbara Island. Eastside to exterior boundary of monument
119 deg.02'-33 deg.28' and 119 deg.02'-33 deg.29'30''.
(3)(i) The use of all nets is prohibited within the outer edge of
the kelp line surrounding Anacapa and Santa Barbara Islands.
(ii) The use of trammel or gill nets is prohibited in less than 20
fathoms of water in all areas surrounding Anacapa and Santa Barbara
Islands.
(4) The Superintendent shall require all persons fishing
commercially within Channel Islands National Monument, on waters open
for this purpose, to obtain an annual permit from him. Such permits
shall be issued on request except that:
(i) Lobster permits for Anacapa and Santa Barbara Islands will be
issued only to applicants who filed with the California State Department
of Fish and Game fish receipts for lobsters caught at Anacapa and Santa
Barbara Islands during the period July 1, 1968, to July 1, 1971.
(ii) Abalone permits for Anacapa and Santa Barbara Islands will be
issued only to applicants who filed with the California State Department
of Fish and Game fish receipts for abalone caught at Anacapa and Santa
Barbara Islands during the period July 1, 1968, to July 1, 1971.
[38 FR 5622, Mar. 17, 1973, as amended at 48 FR 30296, June 30, 1983]
Sec. 7.85 Big Thicket National Preserve.
(a) Hunting. Except as otherwise provided in this section, hunting
is permitted in accordance with Sec. 2.2 of this chapter.
(1) Hunting is permitted only during designated seasons, as defined
for game animals or birds by the State of Texas.
[[Page 122]]
During other periods of the year, no hunting is permitted.
(2) During applicable open seasons, only the following may be
hunted:
(i) Game animals, rabbits, and feral or wild hogs.
(ii) Game birds and migratory game birds.
(3) The use of dogs or calling devices for hunting game animals or
fur-bearing animals is prohibited.
(4) The use or construction of stands, blinds or other structures
for use in hunting or for other purposes is prohibited.
(b) Trapping. Trapping, for fur-bearing animals only, is permitted
in accordance with Sec. 2.2 of this chapter.
(c) Hunting and Trapping Permits. In addition to applicable State
licenses or permits, a permit from the Superintendent is required for
hunting or trapping on Preserve lands. Permits will be available, free
of charge, at Preserve headquarters and can be obtained in person or by
mail.
(d) Firearms, Traps, and Other Weapons. Except as otherwise provided
in this paragraph, Sec. 2.4 of this chapter shall be applicable to
Preserve lands.
(1) During open hunting or trapping seasons, the possession and use
of firearms or other devices capable of destroying animal life is
permitted in accordance with Sec. 2.4 of this chapter.
(2) The possession of firearms or other weapons at night, from one
hour after sunset to one hour before sunrise is prohibited.
[45 FR 46072, July 9, 1980, as amended at 48 FR 30296, June 30, 1983]
Sec. 7.86 Big Cypress National Preserve.
(a) Motorized vehicles--(1) Definitions. (i) The term ``motorized
vehicle'' means automobiles, trucks, glades or swamp buggies, airboats,
amphibious or air cushion vehicles or any other device propelled by a
motor and designed, modified for or capable of cross country travel on
or immediately over land, water, marsh, swampland or other terrain,
except boats which are driven by a propeller in the water.
(ii) The term ``operator'' means any person who operates, drives,
controls or has charge of a motorized vehicle.
(iii) The term ``Preserve lands'' means all federally owned or
controlled lands and waters administered by the National Park Service
within the boundaries of the Preserve.
(2) Travel in Preserve areas. (i) Unless closed or restricted by
action of the Superintendent under paragraph (a)(2)(iii), the following
areas, which are shown on a map numbered BC-91-001, dated November 1975,
and available for public inspection at the office of the Superintendent,
are open to motorized vehicles:
(A) The area south and west of Loop Road (State Road 94).
(B) The area north of Tamiami Trail.
(ii) The following areas which are shown on a map numbered BC-91-
001, dated November 1975, and available for public inspection at the
office of the Superintendent, are closed to motorized vehicles:
(A) The areas between the Loop Road (State Hwy. 94) and the Tamiami
Trail (U.S. Hwy. 41), except that the Superintendent may issue a permit
to provide for reasonable access by legal residents or to provide access
by authorized oil and gas companies.
(B) Big Cypress Florida Trail, Section 1, One marked main hiking
trail, from Tamiami Trail to Alligator Alley; and the two marked loop
trails are closed to the use of all motorized vehicles, except that
vehicles may cross the trails.
(iii) The Superintendent may temporarily or permanently close or
restrict the use of any areas and routes otherwise designated for use of
motor vehicles, or close or restrict such areas or routes to the use of
particular types of motor vehicles by the posting of appropriate signs,
or by marking on a map which shall be available for public inspection at
the office of the Superintendent, or both. In determining whether to
close or restrict the uses of the areas or routes under this paragraph,
the Superintendent shall be guided by the criteria contained in sections
3 and 4 of E.O. 11644 (37 FR 2877) as amended, and shall also consider
factors such as other visitor uses, safety, wildlife management, noise,
erosion, geography, vegetation, resource
[[Page 123]]
protection, and other management considerations. Prior to making a
temporary or permanent closure the Superintendent shall consult with the
executive director of the Florida Game and Fresh Water Fish Commission.
Prior to instituting a permanent closure of an area or route, notice of
such intention shall be published in the Federal Register and the public
shall be provided a period of 30 days to comment.
(3) Operations, limitations and equipment--(i) Vehicle operation.
(A) Motorized vehicle permits shall be required after December 21, 1980.
(B) Motorized vehicles shall not be operated in a manner causing, or
likely to cause, significant damage to or disturbance of the soil,
wildlife habitat, improvements, cultural, or vegetative resources.
Cutting, grading, filling or ditching to establish new trails or to
improve old trails is prohibited, except under written permit where
necessary in the exploration for, extraction or removal of oil and gas.
(ii) Vehicle Limitations and Equipment.
(A) [Reserved]
(B) The Superintendent, by the posting of appropriate signs or by
marking on a map, which shall be available for public inspection at the
office of the Superintendent, may require during dry periods, that a
motorized vehicle or a particular class of motorized vehicle, operated
off established roads and parking areas, shall be equipped with a spark
arrestor that meets Standard 5100-1a of the Forest Service, U.S.
Department of Agriculture, or the 80 percent efficiency level when
determined by the appropriate Society of Automotive Engineers (SAE)
Standard.
(C) A motorized vehicle, except an airboat, when operated off of
established roads and parking areas during the period from one-half hour
after sunset to one-half hour before sunrise, shall display at least one
forward-facing white headlight and one red lighted taillight each of
which shall be visible for a distance of 500 feet in their respective
directions under clear atmospheric conditions.
(D) Airboats and amphibious vehicles shall fly a safety flag at
least 10 inches wide by 12 inches long at a minimum height of 10 feet
above the bottom of the vehicle or boat, and shall display one white
light aft visible for 360 deg. at a distance of 500 feet when running
during the period from one-half hour before sunset to one-half hour
after sunrise.
(b) Camp structures. (1) Buildings or other structures on lands not
owned by claimants to these structures existing prior to the effective
date of these regulations, may be occupied and used by said claimants
pursuant to a nonrenewable, nontransferrable permit. This use shall be
for a maximum term of five (5) years from the date of Federal
acquisition for preserve purposes of the land upon which the structures
are situated or five years from the effective date of these regulations,
whichever occurs first: Provided, however, That the claimant to the
structures by application:
(i) Reasonably demonstrates by affadivit, bill of sale or other
documentation proof of possessory interest or right of occupancy in the
cabin or structure;
(ii) Submits a sketch and photograph of the cabin or structure and a
map showing its geographic location;
(iii) Agrees to vacate or remove the structure from the preserve
upon the expiration of the permit, and
(iv) Acknowledges in the permit that he/she has no interest in the
real property.
(2) Structures built after the effective date of these regulations
will be removed upon acquisition by the Federal Government of the lands
upon which the structures are situated.
(3) Structures that are razed or destroyed by fire or storm, or
deteriorate structurally to the point of being unsafe or uninhabitable
shall not be rebuilt and the permit shall be cancelled. This shall not
be deemed to prohibit routine maintenance or upkeep on an existing
structure.
(4) The National Park Service reserves the right to full and
unrestricted use of the lands under permit including, but not limited
to, such purposes as managed hunting programs executed in accordance
with applicable State Game and Fish laws and regulations, use of
existing roads and trails, and unrestricted public access.
[[Page 124]]
(c) Aircraft: Designated landing sites. (1) Except as provided
below, aircraft may be landed in the preserve only at improved landing
strips for which a permit has been issued and which were in existence
and in usable condition at the time the lands were acquired for preserve
purposes, or the effective date of these regulations, whichever occurs
first. A permit may be issued to the former land owner or airstrip user
upon application to the Superintendent. The application shall include a
sketch showing location; a copy of the airstrip license, if any; a
description of the size of strip, type of landing surface, height of
obstructions, special markings; and a list of the camps served.
(2) A map showing the locations, size, and limitations of each
airstrip designated under a permit shall be available for public
inspection at the office of the Superintendent.
(3) Rotorcraft used for purposes of oil and gas exploration or
extraction, as provided for in part 9, subpart B of this chapter, may be
operated only in accordance with an approved operating plan or a permit
issued by the Superintendent.
(d) [Reserved]
(e) Hunting, Fishing, Trapping and Gathering. (1) Hunting, fishing
and trapping are permitted in accordance with the general regulations
found in parts 1 and 2 of this chapter and applicable Florida law
governing Cooperative Wildlife Management Areas.
(2) The Superintendent may permit the gathering or collecting by
hand and for personal use only of the following:
(i) Tree snails (Liguus Fasciatus);
Provided, however, That under conditions where it is found that
significant adverse impact on park resources, wildlife populations or
visitor enjoyment of resources will result, the Superintendent shall
prohibit the gathering, or otherwise restrict the collecting of these
items. Portions of a park area in which restrictions apply shall be
designated on a map which shall be available for public inspection at
the office of the Superintendent, or by the posting of appropriate
signs, or both.
(f) Grazing. (1) Grazing privileges shall be available under permit
to owners or lessees who were actually using land within the Preserve
for grazing purposes on October 11, 1974, or who elected to request a
permit at the time the land was acquired for preserve purposes (See 36
CFR 2.60).
(2) Such permit may be renewed during the lifetime of the permittee
or his spouse.
(3) The breach of any of the terms or conditions of the permit or
the regulations applicable thereto shall be grounds for termination,
suspension or denial of grazing privileges.
(4) Except as provided below, failure to use land under permit for
grazing or to renew the permit shall automatically terminate the permit
and grazing privileges. The Superintendent may issue a nonuse permit on
an annual basis not to exceed three consecutive years, except that
nonuse beyond this time may be permitted if necessitated by reasons
clearly outside the control of the permittee.
(5) Annual fees based on Departmental regulations (43 CFR 4125.1-1
(m)) will be charged for all livestock grazing upon preserve lands.
(6) Each permittee shall comply with the range management plan
approved by the Superintendent for the area under permit.
(7) State laws and regulations relating to fencing, sanitation and
branding are applicable to graziers using preserve lands.
(8) The National Park Service reserves the right to full and
unrestricted use of the lands under permit including, but not limited
to, such purposes as managed hunting programs executed in accordance
with applicable State Game and Fish laws and regulations, use of
existing roads and trails, unrestricted public access, and the right to
revoke the permit if the activity is causing or will cause considerable
adverse effect on the soil, vegetation, watershed or wildlife habitat.
(9) Corporations formed by owners or lessees who were actually using
lands within the preserve for grazing purposes on October 11, 1974, may
be issued annual permits for a period not to exceed twenty-five (25)
years from the date of acquisition for preserve purposes.
[44 FR 45128, Aug. 1, 1979, as amended at 48 FR 30296, June 30, 1983]
[[Page 125]]
Sec. 7.87 [Reserved]
Sec. 7.88 Indiana Dunes National Lakeshore.
(a) Fishing. Unless otherwise designated, fishing in a manner
authorized under applicable State law is allowed.
(b) Powerless flight. The use of devices 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.
[49 FR 18451, Apr. 30, 1984]
Secs. 7.89--7.90 [Reserved]
Sec. 7.91 Whiskeytown Unit, Whiskeytown-Shasta-Trinity National
Recreation Area.
(a) Water sanitation. (1) Vessels with marine toilets so constructed
as to permit wastes to be discharged directly into the water shall have
such facilities sealed to prevent discharge.
(2) Chemical or other type marine toilets with approved holding
tanks or storage containers will be permitted, but will be discharged or
emptied only at designated sanitary pumping stations.
(b) Overnight occupancy of a vessel on the Whiskeytown Lake is
prohibited.
(c) Powerless flight. The use of devices designed to carry persons
through the air in powerless flight is allowed at times and locations
designated by the superintendent, pursuant to the terms and conditions
of a permit.
(d) Gold Panning. (1) As used in this section, the term ``gold
panning'' means the attempted or actual removal of gold from a stream by
using either a metal or plastic gold pan and a trowel, spoon or other
digging implement having a blade surface not exceeding 4 inches wide and
8 inches long.
(2)(i) Unless otherwise designated by the superintendent, gold
panning is allowed on all streams. Streams, or portions thereof, that
are designated closed to gold panning are marked on a map available for
public inspection at the office of the superintendent, or by the posting
of signs, or both.
(ii) Prior to engaging in gold panning, a person shall register
with, and pay a special recreation permit fee to, the superintendent.
The superintendent shall establish the special recreation permit fee in
accordance with regulations in part 71 of this chapter.
(iii) A person may remove gold from the Unit only in accordance with
these regulations.
(3) The following are prohibited:
(i) Removing gold by any method other than gold panning, including,
but not limited to, the use of suction, a crevice cleaner, screen
separator, view box, sluice box, rocker, dredge or any other mechanical
or hydraulic device, or skin diving equipment such as a snorkel, mask or
wetsuit.
(ii) Using any toxic substance or chemical, including mercury, in
gold panning activities.
(iii) Conducting gold panning outside the confines of existing
stream water levels, or digging into a stream bank, or digging that
results in the disturbance of the ground surface or the undermining of
any vegetation, historic feature or bridge abutment.
[36 FR 14267, Aug. 3, 1971, as amended at 38 FR 5245, Feb. 27, 1973; 49
FR 18452, Apr. 30, 1984; 54 FR 23649, June 2, 1989]
Sec. 7.92 Bighorn Canyon National Recreation Area.
(a) Aircraft-designated airstrip. (1) Fort Smith landing strip,
located at approximate latitude 45 deg.19' N., approximate longitude
107 deg.55'41'' W. in the S\1/2\S\1/2\SE\1/4\ sec. 8, and the S\1/
2\SW\1/4\SW\1/4\ sec. 9, T. 6 S., R. 31 E., Montana Principal Meridian.
(2) [Reserved]
(b) Snowmobiles. (1) Designated routes to be open to snowmobile use:
On the west side of Bighorn Lake, beginning immediately east of the
Wyoming Game and Fish Department Residence on the Pond 5 road northeast
to the Kane Cemetery. North along the main traveled road past Mormon
Point, Jim Creek, along the Big Fork Canal, crossing said canal and
terminating on the south shore of Horseshoe Bend, and the marked
lakeshore access roads leading off this main route to Mormon Point,
north and south mouth of Jim Creek, South Narrows, and the lakeshore
road between Mormon Point and the south mouth of Jim Creek. On the east
side of Bighorn Lake beginning at the junction of U.S. Highway 14A and
the John
[[Page 126]]
Blue road, northerly on the John Blue road to the first road to the
left, on said road in a westerly direction to its terminus at the
shoreline of Bighorn Lake. All frozen lake surfaces are closed to
snowmobiling.
(2) On roads designated for snowmobile use only that portion of the
road or parking area intended for other motor vehicle use may be used by
snowmobiles. Such roadway is available for snowmobile use only when the
designated road or parking area is closed by snow depth to all other
motor vehicles used by the public. These routes will be marked by signs,
snow poles or other appropriate means. The superintendent shall
determine the opening and closing dates for use of designated snowmobile
routes each year. Routes will be open to snowmobile travel when they are
considered to be safe for travel but not necessarily free of safety
hazards. Snowmobiles may travel in these areas with the permission of
the superintendent, but at their own risk.
(3) Snowmobile use outside designated routes is prohibited.
(c) Fishing. Unless otherwise designated, fishing in any manner
authorized under applicable State law is allowed.
[36 FR 21666, Nov. 12, 1971, as amended at 48 FR 29845, June 30, 1983;
52 FR 34777, Sept. 15, 1987]
Sec. 7.93 Guadalupe Mountains National Park.
(a) Cave entry. No person shall enter any cave or passageway of any
cave without a permit.
[48 FR 30296, June 30, 1983]
Secs. 7.94--7.95 [Reserved]
Sec. 7.96 National Capital Region.
(a) Applicability of regulations. This section applies to all park
areas administered by National Capital Region in the District of
Columbia and in Arlington, Fairfax, Loudoun, Prince William, and
Stafford Counties and the City of Alexandria in Virginia and Prince
Georges, Charles, Anne Arundel, and Montgomery Counties in Maryland and
to other federal reservations in the environs of the District of
Columbia, policed with the approval or concurrence of the head of the
agency having jurisdiction or control over such reservations, pursuant
to the provisions of the act of March 17, 1948 (62 Stat. 81).
(b) Athletics--(1) Permits for organized games. Playing baseball,
football, croquet, tennis, and other organized games or sports except
pursuant to a permit and upon the grounds provided for such purposes, is
prohibited.
(2) Wet grounds. Persons holding a permit to engage in athletics at
certain times and at places authorized for this use are prohibited from
exercising the privilege of play accorded by the permit if the grounds
are wet or otherwise unsuitable for play without damage to the turf.
(3) Golf and tennis; fees. No person may use golf or tennis
facilities without paying the required fee, and in compliance with
conditions approved by the Regional Director. Trespassing, intimidating,
harassing or otherwise interfering with authorized golf players, or
interfering with the play of tennis players is prohibited.
(4) Ice skating. Ice skating is prohibited except in areas and at
times designated by the Superintendent. Skating in such a manner as to
endanger the safety of other persons is prohibited.
(c) Model planes. Flying a model powered plane from any park area is
prohibited without a permit.
(d) Fishing. Unless otherwise designated, fishing in a manner
authorized under applicable State law is allowed.
(e) Swimming. Bathing, swimming or wading in any fountain or pool
except where officially authorized is prohibited. Bathing, swimming or
wading in the Tidal Basin, the Chesapeake and Ohio Canal, or Rock Creek,
or entering from other areas covered by this section the Potomac River,
Anacostia River, Washington Channel or Georgetown Channel, except for
the purpose of saving a drowning person, is prohibited.
(f) Commercial vehicles and common carriers--(1) Operation in park
areas prohibited; exceptions. Commercial vehicles and common carriers,
loaded or unloaded, are prohibited on park roads and bridges except on
the section of Constitution Avenue east of 19th
[[Page 127]]
Street or on other roads and bridges designated by the Superintendent,
or when authorized by a permit or when operated in compliance with
paragraph (f)(2) of this section.
(2) George Washington Memorial Parkway; passenger-carrying vehicles;
permits; fees. (i) Taxicabs licensed in the District of Columbia,
Maryland, or Virginia, are allowed on any portion of the George
Washington Memorial Parkway without a permit or payment of fees.
(ii) Passenger-carrying vehicles for hire or compensation, other
than taxicabs, having a seating capacity of not more than fourteen (14)
passengers, excluding the operator, when engaged in services authorized
by concession agreement to be operated from the Washington National
Airport and/or Dulles International Airport, are allowed on any portion
of the George Washington Memorial Parkway in Virginia without a permit
or payment of fees. However, when operating on a sightseeing basis an
operator of such a vehicle shall comply with paragraph (f)(2)(iv) of
this section.
(iii) Passenger-carrying vehicles for hire or compensation, other
than those to which paragraphs (f)(2) (i) and (ii) of this section
apply, are allowed on the George Washington Memorial Parkway upon
issuance of a permit by the Regional Director, under the following
conditions:
(A) When operating on a regular schedule: to provide passenger
service on any portion between Mount Vernon and the Arlington Memorial
Bridge, or to provide limited direct nonstop passenger service from Key
Bridge to a terminus at the Central Intelligence Agency Building at
Langley, Virginia, and direct return, or to provide limited direct
nonstop passenger service from the interchange at Route 123 to a
terminus at the Central Intelligence Agency Building at Langley,
Virginia, and direct return. Permittees shall file a schedule of
operation and all schedule changes with the Regional Director showing
the number of such vehicles and total miles to be operated on the
parkway.
(B) When operating nonscheduled direct, nonstop service primarily
for the accommodation of air travelers arriving at or leaving from
Dulles International Airport or Washington National Airport: between
Dulles International Airport and a terminal in Washington, DC, over the
George Washington Memorial Parkway between Virginia Route 123 and Key
Bridge; or between Washington National Airport and a terminal in
Washington, D.C., over the George Washington Memorial Parkway between
Washington National Airport and 14th Street Bridge; or between Dulles
International Airport and Washington National Airport over the George
Washington Memorial Parkway between Virginia Route 123 and Washington
National Airport. Permittees shall file a report of all operations and
total miles operated on the George Washington Memorial Parkway with the
Regional Director.
(C) Permits are issued to operators of vehicles described in
paragraphs (f)(2)(iii) (A) and (B) normally for a period of one year,
effective from July 1 until the following June 30, at the rate of one
cent (1) per mile for each mile each such vehicle operates upon the
parkway. Payment shall be made quarterly within twenty (20) days after
the end of the quarter based upon a certification by the operator of the
total mileage operated upon the parkway.
(iv) Sightseeing passenger-carrying vehicles for hire or
compensation other than taxicabs may be permitted on the George
Washington Memorial Parkway upon issuance of a permit by the Regional
Director, to provide sightseeing service on any portion of the parkway.
Permits may be issued either on an annual basis for a fee of three
dollars ($3.00) for each passenger-carrying seat in such vehicle; on a
quarterly basis for a fee of seventy-five cents (75) per seat; or on a
daily basis at the rate of one dollar ($1.00) per vehicle per day.
(3) Taxicabs--(i) Operations around Memorials. Parking, except in
designated taxicab stands, or cruising on the access roads to the
Washington Monument, the Lincoln Memorial, the Jefferson Memorial, and
the circular roads around the same, of any taxicab or hack without
passengers is prohibited. However, this section does not prohibit the
operation of empty cabs responding to definite calls for hack service by
passengers waiting at such
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Memorials, or of empty cabs which have just discharged passengers at the
entrances of the Memorials, when such operation is incidental to the
empty cabs' leaving the area by the shortest route.
(ii) Stands. The Superintendent may designate taxicab stands in
suitable and convenient locations to serve the public.
(4) The provisions of this section prohibiting commercial trucks and
common carriers do not apply within other Federal reservations in the
environs of the District of Columbia and do not apply on that portion of
Suitland Parkway between the intersection with Maryland Route 337 and
the end of the Parkway at Maryland Route 4, a length of 0.6 mile.
(g) Demonstrations and special events--(1) Definitions. (i) The term
``demonstrations'' includes demonstrations, picketing, speechmaking,
marching, holding vigils or religious services and all other like forms
of conduct which involve the communication or expression of views or
grievances, engaged in by one or more persons, the conduct of which has
the effect, intent or propensity to draw a crowd or onlookers. This term
does not include casual park use by visitors or tourists which does not
have an intent or propensity to attract a crowd or onlookers.
(ii) The term ``special events'' includes sports events, pageants,
celebrations, historical reenactments, regattas, entertainments,
exhibitions, parades, fairs, festivals and similar events (including
such events presented by the National Park Service), which are not
demonstrations under paragraph (g)(1)(i) of this section, and which are
engaged in by one or more persons, the conduct of which has the effect,
intent or propensity to draw a crowd or onlookers. This term also does
not include casual park use by visitors or tourists which does not have
an intent or propensity to attract a crowd or onlookers.
(iii) The term ``national celebration events'' means the annually
recurring special events regularly scheduled by the National Capital
Region, which are listed in paragraph (g)(4)(i) of this section.
(iv) The term ``White House area'' means all park areas, including
sidewalks adjacent thereto, within these bounds; on the south,
Constitution Avenue NW.; on the north, H Street NW.; on the east, 15th
Street, NW.; and on the west, 17th Street NW.
(v) The term ``White House sidewalk'' means the south sidewalk of
Pennsylvania Avenue NW., between East and West Executive Avenues NW.
(vi) The term ``Lafayette Park'' means the park areas, including
sidewalks adjacent thereto, within these bounds: on the south,
Pennsylvania Avenue NW.; on the north, H Street NW.; on the east,
Madison Place NW.; and on the west, Jackson Place NW.
(vii) The term ``Ellipse'' means the park areas, including sidewalks
adjacent thereto, within these bounds: on the south, Constitution Avenue
NW.; on the north, E Street, NW.; on the west, 17th Street NW.; and on
the east, 15th Street NW.
(viii) The term ``Regional Director'' means the official in charge
of the National Capital Region, National Park Service, U.S. Department
of the Interior, or an authorized representative thereof.
(ix) The term ``other park areas'' includes all areas, including
sidewalks adjacent thereto, other than the White House area,
administered by the National Capital Region.
(x) The term ``Vietnam Veterans Memorial'' means the structures and
adjacent areas extending to and bounded by the south curb of
Constitution Avenue on the north, the east curb of Henry Bacon Drive on
the west, the north side of the north Reflecting Pool walkway on the
south and a line drawn perpendicular to Constitution Avenue two hundred
(200) feet from the east tip of the memorial wall on the east (this is
also a line extended from the east side of the western concrete border
of the steps to the west of the center steps to the Federal Reserve
Building extending to the Reflecting Pool walkway).
(2) Permit requirements. Demonstrations and special events may be
held only pursuant to a permit issued in accordance with the provisions
of this section except:
(i) Demonstrations involving 25 persons or fewer may be held without
a
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permit provided that the other conditions required for the issuance of a
permit are met and provided further that the group is not merely an
extension of another group already availing itself of the 25-person
maximum under this provision or will not unreasonably interfere with
other demonstrations or special events.
(ii) Demonstrations may be held in the following park areas without
a permit provided that the conduct of such demonstrations is reasonably
consistent with the protection and use of the indicated park area and
the other requirements of this section. The numerical limitations listed
below are applicable only for demonstrations conducted without a permit
in such areas. Larger demonstrations may take place in these areas
pursuant to a permit.
(A) Franklin Park. Thirteenth Street, between I and K Streets NW.,
for no more than 500 persons.
(B) McPherson Square. Fifteenth Street, between I and K Streets NW.,
for no more than 500 persons.
(C) U.S. Reservation No. 31. West of 18th Street and south of H
Street NW., for no more than 100 persons.
(D) Rock Creek and Potomac Parkway. West of 23rd Street, south of P
Street NW., for no more than 1,000 persons.
(E) U.S. Reservation No. 46. North side of Pennsylvania Avenue, west
of Eighth Street and south of D Street, SE., for no more than 25 persons
and south of D Street SE., for no more than 25 persons.
(3) Permit applications. Permit applications may be obtained at the
Office of Public Affairs, National Capital Region, 1100 Ohio Drive SW.,
Washington, DC 20242. Applicants shall submit permit applications in
writing on a form provided by the National Park Service so as to be
received by the Regional Director at least 48 hours in advance of any
proposed demonstration or special event. This 48-hour period will be
waived by the Regional Director if the size and nature of the activity
will not reasonably require the commitment of park resources or
personnel in excess of that which are normally available or which can
reasonably be made available within the necessary time period. The
Regional Director shall accept permit applications only during the hours
of 8 a.m.-4 p.m., Monday through Friday, holidays excepted. All
demonstration applications, except those seeking waiver of the numerical
limitations applicable to Lafayette Park (paragraph (g)(5)(ii) of this
section), are deemed granted, subject to all limitations and
restrictions applicable to said park area, unless denied within 24 hours
of receipt. However, where a permit has been granted, or is deemed to
have been granted pursuant to this subsection, the Regional Director may
revoke that permit pursuant to paragraph (g)(6) of this section.
(i) White House area. No permit may be issued authorizing
demonstrations in the White House area, except for the White House
sidewalk, Lafayette Park and the Ellipse. No permit may be issued
authorizing special events, except for the Ellipse, and except for
annual commemorative wreath-laying ceremonies relating to the statutes
in Lafayette Park.
(ii) Other park areas. No permits may be issued authorizing
demonstrations or special events in the following other park areas:
(A) The Washington Monument, which means the area enclosed within
the inner circle that surrounds the Monument's base, except for the
official annual commemorative Washington birthday ceremony.
(B) The Lincoln Memorial, which means that portion of the park area
which is on the same level or above the base of the large marble columns
surrounding the structure, and the single series of marble stairs
immediately adjacent to and below that level, except for the official
annual commemorative Lincoln birthday ceremony.
(C) The Jefferson Memorial, which means the circular portion of the
Jefferson Memorial enclosed by the outermost series of columns, and all
portions on the same levels or above the base of these columns, except
for the official annual commemorative Jefferson birthday ceremony.
(D) The Vietnam Veterans Memorial, except for official annual
Memorial Day and Veterans Day commemorative ceremonies. Note: The
darkened portions of the diagrams at the conclusion of paragraph (g) of
this section show
[[Page 130]]
the areas where demonstrations or special events are prohibited.
(4) Permit processing. (i) Permit applications for demonstrations
and special events are processed in order of receipt, and the use of a
particular area is allocated in order of receipt of fully executed
applications, subject to the limitations set forth in this section.
Provided, however, that the following national celebration events have
priority use of the particular park area during the indicated period.
(A) Christmas Pageant of Peace. In the oval portion of the Ellipse
only, during approximately the last three weeks in December.
(B) Cherry Blossom Festival. In the Japanese Lantern area adjacent
to the Tidal Basin and on the Ellipse and the Washington Monument
Grounds adjacent to Constitution Avenue, between 15th & 17th Streets
NW., for six days usually in late March or early April.
(C) Fourth of July Celebration. On the Washington Monument Grounds.
(D) Festival of American Folklife. In the area bound on the south by
Jefferson Drive NW.; on the north by Madison Drive NW.; on the east by
7th Street NW.; on the west by 14th Street NW., for a two-week period in
approximately late June and early July.
(E) Columbus Day Commemorative Wreath-Laying. At the Columbus statue
on the Union Plaza on Columbus Day.
(F) Inaugural ceremonies. The White House sidewalk and Lafayette
Park, exclusive of the northeast quadrant, for the exclusive use of the
Inaugual Committee on Inauguration Day.
(ii) Other demonstrations or special events are permitted in park
areas under permit to the National Celebration Events listed in this
paragraph to the extent that they do not significantly interfere with
the National Celebration Events. No activity containing structures is
permitted closer than 50 feet to another activity containing structures
without the mutual consent of the sponsors of those activities.
(iii) A permit may be denied in writing by the Regional Director
upon the following grounds:
(A) A fully executed prior application for the same time and place
has been received, and a permit has been or will be granted authorizing
activities which do not reasonably permit multiple occupancy of the
particular area; in that event, an alternate site, if available for the
activity, will be proposed by the Regional Director to the applicant.
(B) It reasonably appears that the proposed demonstration or special
event will present a clear and present danger to the public safety, good
order, or health.
(C) The proposed demonstration or special event is of such a nature
or duration that it cannot reasonably be accommodated in the particular
area applied for; in that event, the Regional Director shall propose an
alternate site to the applicant, if available for the activity; in this
connection, the Regional Director shall reasonably take into account
possible damage to the park, including trees, shrubbery, other
plantings, park installations and statues.
(D) The application proposes activities contrary to any of the
provisions of this section or other applicable law or regulation.
(5) Permit limitations. Issuance of a permit is subject to the
following limitations:
(i) No more than 750 persons are permitted to conduct a
demonstration on the White House sidewalk at any one time.
(ii) No more than 3,000 persons are permitted to conduct a
demonstration in Lafayette Park at any one time.
(A) The Regional Director may waive the 3,000 person limitation for
Lafayette Park and/or the 750 person limitation for the White House
Sidewalk upon a showing by the applicant that good faith efforts will be
made to plan and marshal the demonstration in such a fashion so as to
render unlikely any substantial risk of unreasonable disruption or
violence.
(B) In making a waiver determination, the Regional Director shall
consider and the applicant shall furnish at least ten days in advance of
the proposed demonstration, the functions the marshals will perform, the
means by which they will be identified, and their method of
communication with each other and the crowd. This requirement will be
satisfied by completion and submission of the same form referred to in
paragraph (g)(3) of this section.
[[Page 131]]
(iii) No permit will be issued for a demonstration on the White
House Sidewalk and in Lafayette Park at the same time except when the
organization, group, or other sponsor of such demonstration undertakes
in good faith all reasonable action, including the provision of
sufficient marshals, to insure good order and self-discipline in
conducting such demonstration and any necessary movement of persons, so
that the numerical limitations and waiver provisions described in
paragraphs (g)(5) (i) and (ii) of this section are observed.
(iv) No permit will be issued authorizing demonstrations or special
events in excess of the time periods set out below: Provided, however,
that the stated periods will be extended for demonstrations only, unless
another application requests use of the particular area and said
application precludes double occupancy:
(A) White House area, except the Ellipse: Seven days.
(B) The Ellipse and all other park areas: Three weeks.
(v) The Regional Director may restrict demonstrations and special
events weekdays (except holidays) between the hours of 7:00 to 9:30 a.m.
and 4:00 to 6:30 p.m. if it reasonably appears necessary to avoid
unreasonable interference with rush-hour traffic.
(vi) Special events are not permitted unless approved by the
Regional Director. In determining whether to approve a proposed special
event, the Regional Director shall consider and base the determination
upon the following criteria:
(A) Whether the objectives and purposes of the proposed special
event relate to and are within the basic mission and responsibilities of
the National Capital Region, National Park Service.
(B) Whether the park area requested is reasonably suited in terms of
accessibility, size, and nature of the proposed special event.
(C) Whether the proposed special event can be permitted within a
reasonable budgetary allocation of National Park Service funds
considering the event's public appeal, and the anticipated participation
of the general public therein.
(D) Whether the proposed event is duplicative of events previously
offered in National Capital Region or elsewhere in or about Washington,
DC.
(E) Whether the activities contemplated for the proposed special
event are in conformity with all applicable laws and regulations.
(vii) In connection with permitted demonstrations or special events,
temporary structures may be erected for the purpose of symbolizing a
message or meeting logistical needs such as first aid facilities, lost
children areas or the provision of shelter for electrical and other
sensitive equipment or displays. Temporary structures may not be used
outside designated camping areas for living accommodation activities
such as sleeping, or making preparations to sleep (including the laying
down of bedding for the purpose of sleeping), or storing personal
belongings, or making any fire, or doing any digging or earth breaking
or carrying on cooking activities. The above-listed activities
constitute camping when it reasonably appears, in light of all the
circumstances, that the participants, in conducting these activities,
are in fact using the area as a living accommodation regardless of the
intent of the participants or the nature of any other activities in
which they may also be engaging. Temporary structures are permitted to
the extent described above, provided prior notice has been given to the
Regional Director, except that:
(A) Structures are not permitted on the White House sidewalk.
(B) All such temporary structures shall be erected in such a manner
so as not to harm park resources unreasonably and shall be removed as
soon as practicable after the conclusion of the permitted demonstration
or special event.
(C) The Regional Director may impose reasonable restrictions upon
the use of temporary structures in the interest of protecting the park
areas involved, traffic and public safety considerations, and other
legitimate park value concerns.
(D) Any structures utilized in a demonstration extending in duration
beyond the time limitations specified in paragraphs (g)(5)(iv) (A) and
(B) of this
[[Page 132]]
section shall be capable of being removed upon 24 hours notice and the
site restored, or, the structure shall be secured in such a fashion so
as not to interfere unreasonably with use of the park area by other
permittees authorized under this section.
(E) Individuals or groups of 25 persons or fewer demonstrating under
the small group permit exemption of paragraph (g)(2)(i) of this section
are not allowed to erect temporary structures other than small lecterns
or speakers' platforms. This provision does not restrict the use of
portable signs or banners.
(viii) No signs or placards shall be permitted on the White House
sidewalk except those made of cardboard, posterboard or cloth having
dimensions no greater than three feet in width, twenty feet in length,
and one-quarter inch in thickness. No supports shall be permitted for
signs or placards except those made of wood having cross-sectional
dimensions no greater than three-quarter of an inch by three-quarter of
an inch. Stationary signs or placards shall be no closer than three feet
from the White House sidewalk fence. All signs and placards shall be
attended at all times that they remain on the White House sidewalk.
Signs or placards shall be considered to be attended only when they are
in physical contact with a person. No signs or placards shall be tied,
fastened, or otherwise attached to or leaned against the White House
fence, lamp posts or other structures on the White House sidewalk. No
signs or placards shall be held, placed or set down on the center
portion of the White House sidewalk, comprising ten yards on either side
of the center point on the sidewalk; Provided, however, that individuals
may demonstrate while carrying signs on that portion of the sidewalk if
they continue to move along the sidewalk.
(ix) No parcel, container, package, bundle or other property shall
be placed or stored on the White House sidewalk or on the west sidewalk
of East Executive Avenue NW., between Pennsylvania Avenue NW., and E
Street NW., or on the north sidewalk of E Street NW., between East and
West Executive Avenues NW.; Provided, however, that such property,
except structures, may be momentarily placed or set down in the
immediate presence of the owner on those sidewalks.
(x) The following are prohibited in Lafayette Park:
(A) The erection, placement or use of structures of any kind except
for the following:
(1) Structures that are being hand-carried are allowed.
(2) When one hundred (100) or more persons are participating in a
demonstration in the Park, a temporary speaker's platform as is
reasonably required to serve the demonstration participants is allowed
as long as such platform is being erected, dismantled or used, provided
that only one speaker's platform is allowed per demonstrating group, and
provided further that such speaker's platform is authorized by a permit
issued pursuant to paragraph (g) of this section.
(3) When less than one hundred (100) persons are participating in a
demonstration in the Park, a temporary ``soapbox'' speaker's platform is
allowed as long as such platform is being erected, dismantled or used,
providing that only one speaker's platform is allowed per demonstrating
group, and provided further that the speaker's platform is no larger
than three (3) feet in length, three (3) feet in width, and three (3)
feet in height, and provided further that such speaker's platform is
authorized by a permit issued pursuant to paragraph (g) of this section.
(4) For the purpose of this section, the term ``structure'' includes
props and displays, such as coffins, crates, crosses, theaters, cages,
and statues; furniture and furnishings, such as desks, chairs, tables,
bookcases, cabinets, platforms, podiums and lecterns; shelters, such as
tents, boxes and other enclosures; wagons and carts; and all other
similar types of property which might tend to harm park resources
including aesthetic interests. Provided however that the term
``structure'' does not include signs; bicycles, baby carriages and baby
strollers lawfully in the Park that are temporarily placed in, or are
being moved across, the Park, and that are attended at all times while
in the Park (the term ``attended' is defined as an individual being
within three (3) feet of his or her
[[Page 133]]
bicycle, baby carriage or baby stroller); and wheelchairs and other
devices for the handicapped in use by handicapped persons.
(B) The use of signs except for the following:
(1) Hand-carried signs are allowed regardless of size.
(2) Signs that are not being hand-carried and that are no larger
than four (4) feet in length, four (4) feet in width and one-quarter
(\1/4\) inch in thickness (exclusive of braces that are reasonably
required to meet support and safety requirements and that are not used
so as to form an enclosure of two (2) or more sides) may be used in
Lafayette Park, provided that no individual may have more than two (2)
such signs in the Park at any one time, and provided further that such
signs must be attended at all times (the term ``attended' is defined as
an individual being within three (3) feet of his or her sign(s)), and
provided further that such signs may not be elevated in a manner so as
to exceed a height of six (6) feet above the ground at their highest
point, may not be arranged or combined in a manner so as to exceed the
size limitations set forth in this paragraph, and may not be arranged in
such a fashion as to form an enclosure of two (2) or more sides. For
example, under this provision, two four-feet by four-feet signs may not
be combined so as to create a sign eight feet long and four feet wide,
and three such signs may not be arranged to create a sign four feet long
and twelve feet wide, and two or more signs of any size may not be
leaned or otherwise placed together so as to form an enclosure of two or
more sides, etc.
(xi) Stages and sound amplification may not be placed closer than
one hundred (100) feet from the boundaries of the Vietnam Veterans
Memorial and sound systems shall be directed away from the memorial at
all times.
(xii) Sound amplification equipment is allowed in connection with
permitted demonstrations or special events, provided prior notice has
been given to the Regional Director, except that:
(A) Sound amplification equipment may not be used on the White House
sidewalk, other than hand-portable sound amplification equipment which
the Regional Director determines is necessary for crowd-control
purposes.
(B) The Regional Director reserves the right to limit the sound
amplification equipment so that it will not unreasonably disturb
nonparticipating persons in, or in the vicinity of, the area.
(xiii) A permit may contain additional reasonable conditions and
additional time limitations, consistent with this section, in the
interest of protecting park resources, the use of nearby areas by other
persons, and other legitimate park value concerns.
(xiv) A permit issued under this section does not authorize
activities outside of areas under administration by the National Capital
Region. Applicants may also be required to obtain a permit from the
District of Columbia or other appropriate governmental entity for
demonstrations or special events sought to be conducted either wholly or
in part in other than park areas.
(6) Permit revocation. A permit issued for a demonstration is
revocable only upon a ground for which an application therefor would be
subject to denial under paragraphs (g) (4) or (5) of this section. Any
such revocation, prior to the conduct of the demonstration, shall be in
writing and shall be approved by the Regional Director. During the
conduct of a demonstration, a permit may be revoked by the ranking U.S.
Park Police supervisory official in charge if continuation of the event
presents a clear and present danger to the public safety, good order or
health or for any violation of applicable law or regulation. A permit
issued for a special event is revocable, at any time, in the reasonable
discretion of the Regional Director.
(7) Further information on administering these regulations can be
found in policy statements published at 47 FR 24299, June 4, 1982, and
at 47 FR 24302, June 4, 1982. Copies of the policy statements may be
obtained from the Regional Director.
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[GRAPHIC] [TIFF OMITTED] TC26OC91.003
[[Page 135]]
[GRAPHIC] [TIFF OMITTED] TC26OC91.004
[[Page 136]]
(h) Soliciting. Soliciting or demanding gifts, money, goods or
services is prohibited.
(i) Camping. (1) Camping is defined as the use of park land for
living accommodation purposes such as sleeping activities, or making
preparations to sleep (including the laying down of bedding for the
purpose of sleeping), or storing personal belongings, or making any
fire, or using any tents or shelter or other structure or vehicle for
sleeping or doing any digging or earth breaking or carrying on cooking
activities. The above-listed activities constitute camping when it
reasonably appears, in light of all the circumstances, that the
participants, in conducting these activities, are in fact using the area
as a living accommodation regardless of the intent of the participants
or the nature of any other activities in which they may also be
engaging. Camping is permitted only in areas designated by the
Superintendent, who may establish limitations of time allowed for
camping in any public campground. Upon the posting of such limitations
in the campground, no person shall camp for a period longer than that
specified for the particular campground.
(2) Further information on administering these regulations can be
found in policy statements published at 47 FR 24302 (June 4, 1982).
Copies of the policy statements may be obtained from the Regional
Director.
(j)(1) In Lafayette Park the storage of construction material,
tools, lumber, paint, tarps, bedding, luggage, pillows, sleeping bags,
food, clothing, literature, papers and all other similar property is
prohibited.
(2) Notwithstanding (j)(1) of this section, a person in Lafayette
Park may have literature, papers, food, clothing, blankets and a
reasonable cover to protect such property, occupying up to three (3)
cubic feet of space, so long as such property is attended at all times
while in the Park (the term ``attended'' is defined as a person being
within three (3) feet of his or her property).
(k) Sales. (1) No sales shall be made nor admission fee charged and
no article may be exposed for sale without a permit except as noted in
the following paragraphs.
(2) No merchandise may be sold during the conduct of special events
or demonstrations except for books, newspapers, leaflets, pamphlets,
buttons and bumper stickers. A permit is required for the sale or
distribution of permitted merchandise when done with the aid of a stand
or structure. Such stand or structure may consist of one table per site,
which may be no larger than 2\1/2\ feet by 8 feet or 4 feet by 4 feet.
The dimensions of a sales site may not exceed 6 feet wide by 15 feet
long by 6 feet high. With or without a permit, such sale or distribution
is prohibited in the following areas:
(i) Lincoln Memorial area which is on the same level or above the
base of the large marble columns surrounding the structure, and the
single series of marble stairs immediately adjacent to and below that
level.
(ii) Jefferson Memorial area enclosed by the outermost series of
columns, and all portions on the same levels or above the base of these
columns.
(iii) Washington Monument area enclosed within the inner circle that
surrounds the Monument's base.
(iv) The interior of all park buildings, including, but not limited
to, those portions of Ford's Theatre administered by the National Park
Service.
(v) The White House Park area bounded on the north by H Street, NW;
on the south by Constitution Avenue, NW; on the west by 17th Street, NW;
and on the east by 15th Street, NW; except for Lafayette Park, the White
House sidewalk (the south Pennsylvania Avenue, NW sidewalk between East
and West Executive Avenues) and the Ellipse; Provided, however, that the
free distribution of literature conducted without the aid of stands or
structures, is permitted on East Executive Avenue.
(vi) Vietnam Veterans Memorial area extending to and bounded by the
south curb of Constitution Avenue on the north, the east curb of Henry
Bacon Drive on the west, the north side of the north Reflecting Pool
walkway on the south and a line drawn perpendicular to Constitution
Avenue two hundred (200) feet from the east tip of the memorial wall on
the east (this is also a line extended from the east side of the western
concrete border of the steps to
[[Page 137]]
the west of the center steps to the Federal Reserve Building extending
to the Reflecting Pool walkway); Provided, however, that the free
distribution of literature conducted without the aid of stands or
structures, is permitted on the Constitution Avenue and Henry Bacon
Drive sidewalks adjacent to the Vietnam Veterans Memorial.
(3) Persons engaged in the sale or distribution of printed matter
under this section shall not obstruct or impede pedestrians or vehicles,
harass park visitors with physical contact, misrepresent the purposes or
affiliations of those engaged in the sale or distribution, or
misrepresent whether the printed matter is available without cost or
donation.
(l) Rock Creek Park. (1) Notwithstanding the provisions of 36 CFR
5.1, the Superintendent of Rock Creek Park may permit the recognition of
and the advertising by the primary sponsor or sponsors of not more than
two professional tennis tournaments per year at the Rock Creek Tennis
Center.
(2) All activities conducted under this paragraph shall be
appropriate to park values and consistent with the protection of park
resources and shall comply with criteria specified in a written permit.
(3) Any permit issued under this paragraph shall be valid only for
those periods of time during which a professional tennis tournament is
being held, and shall limit all advertising and recognition to the
confines of the tennis stadium structure and the contiguous paved plaza,
not to include any of the fields or paved parking lots except within the
interior of permitted tents on Parking Lot A. These areas shall be
marked on a map available in the Superintendent's office.
(4) No advertising or recognition activities may take place without
a written permit as specified in this paragraph. Any person who violates
a provision of this paragraph is subject to the penalty provisions of 36
CFR 1.3 and revocation of the permit if a permit exists.
(m) Information collection. The information collection requirements
contained in this section have been approved by the Office of Management
and Budget under 44 U.S.C. 3507 and assigned clearance number 1024-0021.
The information is being collected to provide notification to park
managers, United States Park Police, Metropolitan Police, and the Secret
Service of the plans of organizers of large-scale demonstrations and
special events in order to assist in the provision of security and
logistical support. This information will be used to further those
purposes. The obligation is required to obtain a benefit.
[51 FR 37011, Oct. 17, 1986, as amended at 57 FR 4576, Feb. 6, 1992; 57
FR 29797, July 7, 1992; 60 FR 17649, Apr. 7, 1995; 60 FR 33351, June 28,
1995; 60 FR 55791, Nov. 3, 1995; 62 FR 30234, June 3, 1997; 62 FR 32203,
June 13, 1997]
Sec. 7.97 Golden Gate National Recreation Area.
(a) Boat landings--Alcatraz Island. Except in emergencies, the
docking of any privately-owned vessel, as defined in Sec. 1.4 of this
chapter, or the landing of any person at Alcatraz Island without a
permit or contract is prohibited. The Superintendent may issue a permit
upon a determination that the applicant's needs cannot be provided by
authorized commercial boat transportation to Alcatraz Island and that
the proposed activities of the applicant are compatible with the
preservation and protection of Alcatraz Island.
(b) Powerless flight. The use of devices designed to carry persons
through the air in powerless flight is allowed at times and locations
designated by the superintendent, pursuant to the terms and conditions
of a permit.
(c) Designated bicycle routes. The use of a bicycle is permitted
according to Sec. 4.30 of this chapter and, in non-developed areas, as
follows:
(1) Bicycle use is permitted on routes which have been designated by
the Superintendent as bicycle routes by the posting of signs, and as
designated on maps which are available in the office of the
superintendent and other places convenient to the public.
(2) Bicycle speed limits are as follows:
(i) 15 miles per hour: Upon all designated routes in Golden Gate
National Recreation Area.
(ii) 5 miles per hour: On blind curves and when passing other trail
users.
(3) The following are prohibited:
[[Page 138]]
(i) The possession of a bicycle on routes not designated as open to
bicycle use.
(ii) Operating a bicycle on designated bicycle routes between sunset
and sunrise without exhibiting on the bicycle or on the operator an
activated white light that is visible from a distance of at least 500
feet to the front and with a red light or reflector visible from at
least 200 feet to the rear.
[38 FR 32931, Nov. 29, 1973, as amended at 49 FR 18452, Apr. 30, 1984;
57 FR 58716, Dec. 11, 1992]
Sec. 7.100 Appalachian National Scenic Trail.
(a) The use of bicycles, motorcycles, snowmobiles, or other motor
vehicles is prohibited.
(b) The use of horses or pack animals is prohibited, except in
locations designated for their use.
(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 Park Manager, pursuant to the terms and conditions of
a permit.
[48 FR 30291, June 30, 1983, as amended at 61 FR 28506, June 5, 1996]
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