Title 36—Parks, Forests, and Public Property--Volume 1
PART 7—SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
§ 7.27   Dry Tortugas National Park.
(a) What terms do I need to know? The following definitions apply to this section only:
(1) Bait fish means any of the following:
(i) Ballyhoo (family Exocioetidae and genus Hemiramphus ), other genus may be included in this family;
(ii) Minnow (families Cyprinodontidae, Peciliidae , or Aherinidae );
(iii) Mojarra (family Gerreidae );
(iv) Mullet (family Mugilidae );
(v) Pilchard (family Clupeidae ); or
(vi) Pinfish (family Sparidae , genus Lagodon ).
(2) Cast net means a type of circular falling net, weighted on its periphery, which is thrown and retrieved by hand, measuring 14 feet or less stretched length (stretched length is defined as the distance from the horn at the center of the net with the net gathered and pulled taut, to the lead line).
(3) Designated anchorage means any area of sand within one nautical mile of the Fort Jefferson Harbor Light.
(4) Dip net means a hand held device for obtaining bait, the netting of which is fastened in a frame. A dip net may not exceed 3 feet at its widest point.
(5) Finfish means a member of subclasses Agnatha, Chondrichthyes, or Osteichthyes.
(6) Flat wake speed means the minimum required speed to leave a flat wave disturbance close astern a moving vessel yet maintain steerageway, but in no case in excess of 5 statute miles per hour.
(7) Guide operations means the activity of a person, partnership, firm, corporation, or other entity to provide services for hire to visitors of the park. This includes, but is not limited to, fishing, diving, snorkeling, and wildlife viewing.
(8) Live rock means any living marine organism or assemblage thereof attached to a hard substrate, including dead coral or rock but not individual mollusk shells.
(9) Lobster means any of the following:
(i) Shovelnosed or Spanish Lobster ( Scyllarides aequinocti );
(ii) Slipper lobster ( Parribacus antarcticus );
(iii) Caribbean spiny lobster ( Panulirus argus ); or
(iv) Spotted spiny lobster ( Panulirus guttatus ).
(10) Marine life means:
(i) Sponges, sea anenomes, corals, jellyfish, sea cucumbers, starfish, sea urchins, octopus, crabs, shrimp, barnacles, worms, conch; and
(ii) Other animals belonging to the Phyla Porifera, Cnidaria, Echinodermata, Mollusca, Bryozoa, Brachiopoda, Arthropoda, Platyhilmenthes, and Annelida.
(11) Not available for immediate use means not readily accessible for immediate use ( e.g. , by being stowed unbaited in a cabin, locker, rod holder, or similar storage area, or being securely covered and lashed to a deck or bulkhead).
(12) Ornamental tropical fish means a brightly colored fish, often used for aquarium purposes and which lives in close relationship to coral communities, belonging to the families Syngathidae, Apogonidae, Pomacentridae, Scaridae, Blennidae, Callionymidae, Gobiidae, Ostraciidae, or Diodontidae.
(13) Permit , in the case of 36 CFR part 7.27, means an authorization in writing or orally (e.g., via radio or telephonically).
(14) Research Natural Area (RNA) at Dry Tortugas National Park means the 46-square-statute-mile area in the northwest portion of the park enclosed by connecting with straight lines the adjacent points of 82°51′ W and 24°36′ N, and 82°58′ W and 24°36′ N west to the park boundary, but excluding:
(i) The designated anchorage;
(ii) Garden Key, Bush Key and Long Key; or
(iii) The central portion of Loggerhead key including the lighthouse and associated buildings.
(15) Shrimp means a member of the genus Farfantepenaeus , Penaeus sp.
(b) Are there recreational fishing restrictions that I need to know? (1) Yes. After consulting with and obtaining the concurrence of the Florida Fish and Wildlife Conservation Commission, based on management objectives and the park fisheries research, the Superintendent may impose closures and establish conditions or restrictions necessary pertaining to fishing, including, but not limited to, species of fish that may be taken, seasons, and hours during which fishing may take place, methods of taking, and size, bag, and possession limits. The public will be notified of any changes through one or more methods listed in § 1.7 of this chapter. In emergency situations, after consulting with the Florida Fish and Wildlife Conservation Commission, the Superintendent may impose temporary closures and establish conditions or restrictions necessary, but not exceeding 30 days in duration which may be extended for one additional 30 day period, pertaining to fishing, including, but not limited to, species of fish that may be taken, seasons, and hours during which fishing may take place, methods of taking, and size, bag, and possession limits. In emergency situations where consultation in advance is not possible, the Superintendent will consult with the Florida Fish and Wildlife Conservation Commission within 24-hours of the initiation of the temporary closure or restriction.
(2) Only the following may be legally taken from Dry Tortugas National Park:
(i) Fin fish by closely attended hook-and-line;
(ii) Bait fish by closely attended hook and line, dip net, or cast net and limited to 5 gallons per vessel per day; and
(iii) Shrimp may be taken by dip net or cast net.
(3) The following waters and areas are closed to fishing:
(i) The Research Natural Area (RNA): Fish and fishing gear may be possessed aboard a vessel in the RNA, provided such fish can be shown not to have been harvested from within, removed from, or taken within the RNA, as applicable, by being stowed in a cabin, locker, or similar storage area prior to entering and during transit through the RNA, provided further that such vessel is in continuous transit through the RNA. Gear capable of harvesting fish may be aboard a vessel in the RNA, provided such gear is not available for immediate use when entering and during transit through the RNA and no presumption of fishing activity shall be drawn therefrom;
(ii) Garden Key moat;
(iii) Within any swimming and snorkeling areas designated by buoys;
(iv) Within 50 feet of the historic coaling docks;
(v) Helipad areas, including the gasoline refueling dock.
(4) The following are prohibited:
(i) Possessing lobster within the boundaries of the park, unless the individual took the lobster outside park waters and has the proper State/Federal licenses and permits. Vessels with legally taken lobster aboard which was taken outside the park may not have persons overboard in park waters. The presence of lobster aboard a vessel in park waters, while one or more persons from such vessel are overboard, constitutes prima facie evidence that the lobsters were harvested from park waters in violation of this chapter.
(ii) Taking fish by pole spear, Hawaiian sling, rubber powered, pneumatic, or spring loaded gun or similar device known as a speargun, air rifles, bows and arrows, powerheads, or explosive powered guns. Operators of vessels within the park must break down and store all weapons described in this paragraph so that they are not available for immediate use.
(iii) Use of a hand held hook, gig, gaff, or snare, except that a gaff may be used for landing a fish lawfully caught by hook and line when consistent with all requirements in this section, including size and species restrictions.
(iv) Taking, possessing, or touching any ornamental tropical fish or marine life except as expressly provided in this section.
(v) Dragging or trawling a dip net or cast net.
(vi) The use of nets except as provided in paragraphs (b)(3)(ii)and (iii) of this section.
(vii) Engaging in guide operations (fee for service), including but not limited to fishing and diving, except in accordance with the provisions of:
(A) A permit, contract, or other commercial use authorization; or
(B) Other written agreement with the United States administered under this chapter.
(c) Are any areas of the park closed to the public? Yes. The following areas are closed to the public:
(1) The elkhorn ( Acropora palmata ) and staghorn ( Acropora prolifera ) coral patches adjacent to and including the tidal channel southeast of Long and Bush Keys and extending to 100 yards from the exterior edge of either patch;
(2) Hospital and Long Keys; and
(3) Areas that the Superintendent designates in accordance with § 1.5 and noticed to the public through one or more of the methods listed in § 1.7 of this chapter.
(d) What restrictions apply on Loggerhead Key? (1) The Superintendent will, as necessary to protect park resources, visitors, or employees:
(i) Designate areas on Loggerhead Key open for public use;
(ii) Establish closures or restrictions on and around the waters of Loggerhead Key; and
(iii) Establish conditions for docking, swimming or wading, and hiking.
(2) The Superintendent will notify the public of designations, closures or restrictions through one or more of the methods listed in § 1.7 of this chapter.
(e) What restrictions apply to anchoring a vessel in the park? (1) Anchoring in the Research Natural Area (RNA) is prohibited.
(2) All vessels in the RNA must use designated mooring buoys.
(3) Anchoring between sunset and sunrise is limited to the designated anchorage area at Garden Key.
(4) Vessels engaged in commercial fishing or shrimping must not anchor in any of the channels, harbors, or lagoons in the vicinity of Garden Key, Bush Key, or the surrounding shoals outside of Bird Key Harbor, except in cases of emergency involving danger to life or property. (Emergencies may include, adverse weather conditions, mechanical failure, medical emergencies, or other public safety situations.)
(f) What vessel operations are prohibited? The following vessel operations are prohibited:
(1) Operating a vessel in the Fort Jefferson Moat; and
(2) Operating a vessel above a flat wake speed in the Garden Key and Bird Key Harbor areas.
(g) What restrictions apply to discharging materials in park waters? (1) Discharging or depositing materials or substances of any kind within the boundaries of the park is prohibited, except for the following:
(i) Research Natural Area: cooling water or engine exhaust.
(ii) Park Waters Outside the Research Natural Area:
(A) Fish, fish parts, chumming materials, or bait used or produced incidental to and while conducting recreational fishing activities in the park;
(B) Water generated by routine vessel operations (e.g., deck wash down and graywater from sinks, consisting of only water and food particles;
(C) Vessel cooling water, engine exhaust, or bilge water not contaminated by oil or other substances.
(2) The Superintendent may impose further restrictions as necessary to protect park resources, visitors, or employees. The Superintendent will notify the public of these requirements through one or more of the methods listed in § 1.7 of this chapter.
(h) What are the permit requirements in the park? (1) A permit, issued by the Superintendent, is required for all non-commercial vessels for which occupants are engaged in recreational activities, including all activities in the RNA. Permitted recreational activities include but are not limited to use of mooring buoys, snorkeling, diving, wildlife viewing, and photography.
(2) A permit, issued by the Superintendent, is required for a person, group, institution, or organization conducting research activities in the park.
(3) Vessels transiting the park without interruption shall not require a permit.
(i) How are corals and other underwater natural features protected in the park? (1) Taking, possessing, removing, damaging, touching, handling, harvesting, disturbing, standing on, or otherwise injuring coral, coral formation, seagrass or other living or dead organisms, including marine invertebrates, live rock, and shells, is prohibited.
(2) Vessel operators are prohibited from allowing their vessel to strike, injure, or damage coral, seagrass, or any other immobile organism attached to the seabed.
(3) Vessel operators are prohibited from allowing an anchor, chain, rope or other mooring device to be cast, dragged, or placed so as to strike, break, abrade, or otherwise cause damage to coral formations, sea grass, or submerged cultural resources.
(j) What restrictions apply on or near shipwrecks? (1) No person may destroy, molest, remove, deface, displace, or tamper with wrecked or abandoned vessels of any type or condition, or any cargo pertaining thereto.
(2) Surveying, inventorying, dismantling, or recovering any wreck or cargo within the boundaries of the park is prohibited unless permitted in writing by the Superintendent.
(k) How are aircraft operations restricted? (1) Landing an aircraft in Dry Tortugas National Park may occur only in accordance with a permit issued by the Superintendent under § 1.6 of this chapter.
(2) When landing is authorized by permit, the following requirements also apply:
(i) Aircraft may be landed on the waters within a radius of 1 mile of Garden Key, but a landing or takeoff may not be made within 500 feet of Garden Key, or within 500 feet of any closed area.
(ii) Operation of aircraft is subject to § 2.17 of this chapter, except that seaplanes may be taxied closer than 500 feet to the Garden Dock while en route to or from the designated ramp, north of the dock.
(iii) Seaplanes may be moored or brought up on land only on the designated beach, north of the Garden Key dock.
§ 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:
(3) Conservation waters. After consultation with the State and, where appropriate, the concerned Indian tribe, the superintendent may, by local publication and conspicuous posting of signs, alter the season and change daily limits for spawning, conservation or research purposes.
(4) Closed waters. That portion of the Morse Creek watershed within the park (except Lake Angeles and P.J. Lake) and that section of Kalaloch Creek which is used as domestic water supply (as posted) are closed to fishing. Fishing from boats is prohibited on the Hoh River upstream from the South Fork Hoh boat launch.
(5) Fishing gear. Fishing with a line, gear or tackle having more than two spinners, spoons, blades, flashers, or like attractions, or with more than one rudder, or more than two hooks (single, double, or treble barbed) attached to such line, gear, or tackle, is prohibited.
(6) Bait. The use of nonpreserved fish eggs is permitted.
(7) License. A license to fish in park waters is not required; however, an individual fishing for steelhead or salmon in park waters, except treaty Indians fishing in the exercise of rights secured by treaties of the United States, shall have in his/her possession a State of Washington punch card for the species being sought. Steelhead and salmon shall be accounted for on these cards as required by State regulations.
(8) Indian treaty fishing. (i) Subject to the limitations set forth below, all waters within the Olympic National Park which have been adjudicated to be usual and accustomed fishing places of an Indian tribe, having treaty-secured off-reservation fishing rights, are open to fishing by members of that tribe in conformance with applicable tribal or State regulations conforming to the orders of the United States District Court.
(ii) Identification cards and tags. Members of the tribes having treaty-secured fishing rights shall carry identification cards conforming to the requirements prescribed by the United States District Court and issued either by the Bureau of Indian Affairs or the applicable tribe when fishing in accordance with the tribe's reserved treaty fishing right. Such persons shall produce said card for inspection upon request of a National Park Service enforcement officer. A tribally issued identification tag shall be attached to any unattended fishing gear in park waters.
(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:
(2) Motorboats are permitted on the following waters:
(c) Dogs and cats. Dogs (except guide dogs) and cats are prohibited on any park land or trail, except on designated park roads and parking areas or within one-quarter mile of an established automobile campground or concessioner overnight facility.
(d) [Reserved]
(e) Privately owned lands —(1) Water supply and sewage disposal systems. The provisions of this paragraph apply to the privately owned lands within Olympic National Park. The provisions of this paragraph do not excuse compliance by eating, drinking, or lodging establishments with § 5.10 of this chapter.
(i) Facilities. ( a ) Subject to the provisions of paragraph (e)(1)(iii) of this section, no person shall occupy any building or structure, intended for human habitation or use, unless such building is served by water supply and sewage disposal systems that comply with the standards prescribed by the State and county laws and regulations applicable in the county within whose exterior boundaries such building is located.
( b ) No person shall construct, rebuild or alter any water supply or sewage disposal system without a written permit issued by the Superintendent. The Superintendent will issue such permit only after receipt of written notification from the appropriate Federal, State, or county officer that the plans for such system comply with the State or county standards. There shall be no charge for such permits. Any person aggrieved by an action of the Superintendent with respect to any such permit or permit application may appeal in writing to the Director, National Park Service, U.S. Department of the Interior, Washington, DC 20240.
(ii) Inspections. ( a ) The appropriate State or county officer, the Superintendent, or their authorized representatives or an officer of the U.S. Public Health Service, may inspect any water supply or sewage disposal system, from time to time, in order to determine whether such system complies with the State and county standards: Provided, however, That inspection shall be made only upon consent of the occupant of the premises or pursuant to a warrant.
( b ) Any water supply or sewage disposal system may be inspected without the consent of the occupant of the premises or a warrant if there is probable cause to believe that such system presents an immediate and severe danger to the public health.
(iii) Defective systems. ( a ) If upon inspection, any water supply system or sewage disposal system is found by the inspecting officer not to be in conformance with applicable State and county standards, the Superintendent will send to the ostensible owner and/or the occupant of such property, by certified mail, a written notice specifying what steps must be taken to achieve compliance. If after 1 year has elapsed from the mailing of such written notice the deficiency has not been corrected, such deficiency shall constitute a violation of this regulation and shall be the basis for court action for the vacation of the premises.
( b ) If upon inspection, any water supply or sewage disposal system is found by the inspecting officer not to be in conformance with established State and county standards and it is found further that there is immediate and severe danger to the public health or the health of the occupants or users, the Superintendent shall post appropriate notices at conspicuous places on such premises, and thereafter, no person shall occupy or use the premises on which the system is located until the Superintendent is satisfied that remedial measures have been taken that will assure compliance of the system with established State and county standards.
(2) State forest practice laws. Any person, firm, or corporation harvesting or cutting timber on privately owned lands within that portion of Olympic National Park over which jurisdiction has been ceded by the State of Washington to the United States of America shall comply with the standards concerning forest practices established from time to time by or pursuant to the laws of the State of Washington which would apply to such operations if they were not being conducted in Olympic National Park and personnel of the Park will consult and cooperate with State officials in the administration of this regulation. Although forest practices standards established from time to time by or pursuant to the laws of the State of Washington shall apply, no person, firm, or corporation harvesting timber, on such privately owned lands shall be required to obtain permits or licenses from, or pay fees to, the State of Washington or its political subdivisions in connection with the harvesting or cutting of timber on such lands. Prior to the initiation of harvesting or cutting of timber on privately owned lands over which jurisdiction has been ceded to the United States, such operations shall be registered with the Superintendent of Olympic National Park.
(3) Conflict with Federal laws. If the standards established from time to time by or pursuant to the laws of the State of Washington, specified in paragraphs (e) (1) and (2) of this section, are lower than or conflict with any established by Federal laws or regulations applicable to privately owned lands within Olympic National Park, the latter shall prevail.
(f) Snowmobile use. (1) The use of snowmobiles is prohibited except in areas and on routes designated by the superintendent by the posting of appropriate signs or by marking on a map available at the office of the superintendent, or both. The following routes have been designated for snowmobile use within Olympic National Park:
(i) Staircase Road from the park boundary to the Staircase Ranger Station.
(ii) Whiskey Bend Road from the function of the Elwha Road to the Whiskey Bend trailhead.
(iii) Boulder Creek Road from Glines Canyon Dam to the end of the road.
(iv) North Fork Quinault Road from the end of the plowed portion to the North Fork Ranger Station.
(v) South Shore Road from the end of the plowed portion to the Graves Creek Ranger Station.
(2) [Reserved]
§ 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 § 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.
(2) Driving off designated, marked oversand routes or beaches is prohibited.
(3) Vehicles shall not be parked in designated oversand routes or interfere with moving traffic.
(4) When the process of freeing a vehicle which has been stuck results in ruts or holes, the ruts or holes shall be filled by the operator of such vehicle before it is removed from that area.
(5) The operation of a motorcycle on an oversand vehicle route or beach is prohibited.
(6) The Superintendent may establish limits on the number of oversand vehicles permitted on designated oversand routes and beaches when such limitations are necessary in the interest of public safety, protection of the ecological and environmental values of the area, coordination with other visitor uses.
(c) Public lewdness. Section 245.00 of the New York Penal Code is hereby adopted and incorporated into the regulations of this part. Section 245.00 provides that:
A person is guilty of public lewdness when he intentionally exposes the private and intimate parts of his body in a lewd manner or commits any other lewd act (a) in a public place, or (b) in private premises under circumstances in which he may readily be observed from either a public place or from other private premises, and with intent that he be so observed.
§ 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.
§ 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.
§ 7.32   Pictured Rocks National Lakeshore.
(a) Snowmobiles. (1) Snowmobiles are allowed on the following routes and water surfaces within Pictured Rocks National Lakeshore:
(i) The Sand Point Road from the park boundary to Lake Superior.
(ii) The woodlands road from the park boundary off City Limits Road southwest to Becker Farm and down to the Sand Point Road.
(iii) The road to Miner's Falls, Miner's Castle parking area, and the Miner's Beach parking area.
(iv) The road from the park boundary in section 32, T48N, R17W, to the end of the road to Chapel Falls.
(v) The road from County Road H-58 at the park boundary to the Little Beaver Lake Campground.
(vi) The road from County Road H-58 to the Twelvemile Beach Campground.
(vii) The road from County Road H-58 to the Hurricane River Campground.
(viii) The road from County Road H-58 to the Log Slide parking area.
(ix) The section of Michigan Dimension Road from the park boundary to the Log Slide parking area.
(x) The South Grand Sable Lake Road, starting at Towes Creek (T49N, R14W, Sections 14 and 23), heading south in and out of the fee zone area.
(xi) Portions of County Road H-58 that are within park boundaries between Twelvemile Beach and Log Slide scenic overlook (T49N, R15W, Sections 9, 10, 11, 13, 14, and 16 and T49, 14W, Section 18).
(xii) Portions of County Road H-58 that are within park boundaries between Log Slide Scenic Overlook and the Grand Sable Visitor Center (T49N, R14W, Sections 10, 11, 15, 16, and 17).
(xiii) County Road H-58 between Grand Sable Visitor Center to the eastern extent of the park boundary (T49N, R14W, Sections 1, 11, and 12).
(xiv) Portions of Lowder Road that are within park boundaries from M77 to Grand Sable Lake Boat Ramp (T48N, R16W, Sections 21 and 29).
(xv) Portions of Beaver Basin Overlook Road from County Road H-58 to the Beaver Basin Overlook (T49N, R14W, Sections 11, and 12).
(xvi) The frozen water surfaces of Lake Superior and Grand Sable Lake.
(2) Maps showing designated routes shall be available at park headquarters and at ranger stations.
(3) Snowmobile use outside designated routes and frozen water surfaces is prohibited. Snowmobiles are restricted to the road shoulders of routes that are plowed. The prohibitions in this paragraph do not apply to emergency administrative travel by employees of the National Park Service or law enforcement agencies.
(4) The Superintendent may open or close these routes and water surfaces, or portions thereof, to snowmobile travel after taking into consideration the location of wintering wildlife, appropriate snow cover, public safety, and other factors. The Superintendent will provide notice of such opening or closing by one or more of the methods listed in § 1.7(a) of this chapter.
(b) Fishing. Unless otherwise designated, fishing in a manner authorized under applicable State law is allowed.
(c) Hunting. The following lakeshore areas are closed to hunting:
(1) Sand Point area. All that portion of Sand Point described as the area below the top of the bluff in Sections 19 and 30, T47N, R18W, and that area situated within the corporate limits of the City of Munising, including the Sand Point Road.
(2) Developed public use areas. (i) The area within 150 yards of any campsite located within the Little Beaver, Twelvemile Beach, and Hurricane River Campgrounds.
(ii) The area within 150 yards of the Miners Castle overlooks, paved walkways and vehicle parking lot. Also 100 feet from the centerline of the paved Miners Castle Road and the area within 100 feet of Miners Falls parking lot, trail and associated platforms.
(iii) The area within 100 feet of: the Chapel Falls parking lot; the Little Beaver backpacker parking lot; the Twelvemile Beach picnic area parking lot; the Log Slide parking lot, platforms and walkways; the Grand Sable Lake picnic area and parking lot; the Grand Sable Lake boat launch and parking lot; the Grand Sable Lake overlook parking lot.
(iv) The area within 150 yards of any structure at the Au Sable Light Station, and within 100 feet of the trail between the lower Hurricane River Campground and the light station.
(v) The area within 150 yards of the Sable Falls parking lot and building, including the viewing platforms and associated walkway system to the mouth of Sable Creek. Also included is the area 100 feet from the centerline of the paved Sable Falls Road.
(vi) The area within 150 yards of: the Grand Sable Visitor Center parking lot and barn; the structures comprising the Grand Marais quarters and maintenance facility.
(vii) The 8.6 acre tract comprising structures and lands administered by the National Park Service on Coast Guard Point in Grand Marais.
(3) Hunting season. Hunting is prohibited park wide during the period of April 1 through Labor Day.
(d) Personal Watercraft (PWC). (1) PWC are allowed on the waters within Pictured Rocks National Lakeshore, from the western boundary of the lakeshore to the east end of Miners Beach.
(2) PWC may be launched only from a designated launch site at Sand Point.
(3) PWC users may beach their craft only at Sand Point Beach and Miners Beach.
(4) The Superintendent may temporarily limit, restrict, or terminate access to the areas designated for PWC use after taking into consideration public health and safety, natural and cultural resource protection, and other management activities and objectives.
§ 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 § 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.
§ 7.34   Blue Ridge Parkway.
(a) Snowmobiles. After consideration of any special situations, i.e. prescheduled or planned park activities such as conducted hikes or winter bird and wildlife counts, and depending on local weather conditions, the Superintendent may allow the use of snowmobiles on the paved motor road and overlooks used by motor vehicle traffic during other seasons between U.S. 220, Milepost 121.4 and Adney Gap, Milepost 136.0. The public will be notified of openings through the posting of signs.
(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 § 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.
§ 7.35   Buffalo National River.
(a) Fishing. (1) Unless otherwise designated by the Superintendent, fishing in a manner authorized under applicable State law is allowed.
(2) The Superintendent may designate times when and locations where and establish conditions under which the digging of bait for personal use is allowed.
(3) The Superintendent may designate times when and locations where and establish conditions under which the collection of terrestrial and aquatic insects for bait for personal use is allowed.
(4) Violating a designation or condition established by the Superintendent is prohibited.
(b) Frogs, Turtles and Crayfish. (1) The Superintendent may designate times and locations and establish conditions governing the taking of frogs, turtles and crayfish for personal use.
(2) Violating a designation or condition established by the Superintendent is prohibited.
(c) Motorized Vessels. (1) Except for a vessel propelled by a gasoline, diesel or other internal combustion engine with a rating of 10 horsepower or less, operating a motorized vessel from Erbie Ford to the White River is prohibited.
(2) Operating a vessel propelled by a motor is prohibited above Erbie Ford.
(3) The provisions of paragraph (c) do not apply to a vessel operated for official use by an agency of the United States, the State of Arkansas or one of its political subdivisions.
§ 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 × 6 feet and the mesh shall not be larger than one-quarter inch.
(3) Live bait. (i) Worms are the only form of live bait which may be used in the Sloans Crossing Pond (also known as Beaver Pond), Green Pond, Doyle Pond, and First Creek Lake. Live minnows and worms may be used in all other waters.
(ii) [Reserved]
(b)(1) Cave entry. Except for those portions of the caves open to the general public, no person shall enter any cave within the boundaries of the park without first obtaining a permit from the Superintendent. Permits will be issued to persons who are qualified and experienced in cave exploration, who possess the needed equipment for safe entry and travel, and who are engaged in scientific research projects which in the opinion of the Superintendent are compatible with the purpose for which the park was established.
(2) Persons on guided cave tours must stay on the established designated trails and remain with the guides and tour group at all times. Exploration of side passages, going ahead of the lead guide and tour group or dropping behind the following guide or tour group is prohibited.
(3) Persons on “self-guided” or “semi-guided” cave tours must stay in the established, designated trails at all times. Exploration of side passages or taking alternate routes is prohibited.
(c) Bicycles. (1) The following trails are designated as routes open to bicycle use:
(i) Connector Trail from the Big Hollow Trailhead to the Maple Springs Trailhead;
(ii) Big Hollow Trail;
(iii) Mammoth Cave Railroad Bike & Hike Trail; and
(iv) White Oak Trail.
(2) The following are prohibited:
(i) Possessing a bicycle on routes or trails not designated as open to bicycle use;
(ii) Unless posted otherwise, operating a bicycle in excess of 15 miles per hour on designated routes; and
(iii) Failing to yield the right of way to horses or hikers.
(3) The Superintendent may open or close designated bicycle routes, or portions thereof, or impose conditions or restrictions for bicycle use after taking into consideration public health and safety, natural and cultural resource protection, and other management activities and objectives.
(i) The Superintendent will provide public notice of all such actions through one or more of the methods listed in § 1.7 of this chapter.
(ii) Violating a closure, condition, or restriction is prohibited.
§ 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.
§ 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.
§ 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 § 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.
§ 7.40   Hopewell Village National Historic Site.
(a) Fishing. (1) Fishing between sunset and sunrise is prohibited.
§ 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.
§ 7.42   Pipestone National Monument.
(a) An American Indian desiring to quarry and work “catlinite” pipestone shall first secure a permit from the Superintendent. The Superintendent shall issue a permit to any American Indian applicant, Provided, that: (1) In the judgment of the Superintendent, the number of permittees then quarrying or working the pipestone is not so large as to be inconsistent with preservation of the deposit and (2) a suitable area is available for conduct of the operation. The permit shall be issued without charge and shall be valid only during the calendar year in which it is issued.
(b) An American Indian desiring to sell handicraft products produced by him, members of his family, or by other Indians under his supervision or under contract to him, including pipestone articles, shall apply to the Superintendent. The Superintendent shall grant the permit provided that (1) in his judgment the number of permittees selling handicraft products is not so large as to be inconsistent with the enjoyment of visitors to the Pipestone National Monument and (2) a suitable area is available for conduct of the operation. The permit shall be issued without charge and shall be valid only during the calendar year in which it is issued.
§ 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.
§ 7.44   Canyonlands National Park.
(a) Motorized Vehicle Use. Motorized vehicles are prohibited in Salt Creek Canyon above Peekaboo campsite.
(b) [Reserved]
§ 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 §§ 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 § 1.6 of this chapter. Guide fishing without a valid permit is prohibited.
(5) Except for taking finfish, shrimp, bait, crabs, and oysters, as provided in this section or as modified under 36 CFR 1.5, the taking, possession, or disturbance of any fresh or saltwater aquatic life is prohibited.
(6) Methods of taking. Except as provided in this section, only a closely attended hook and line may be used for fishing activities within the park.
(i) Crabbing for stone or blue crabs may be conducted using attended gear only and no more than five (5) traps per person. Persons using traps must remain within one hundred (100) feet of those traps. Unattended gear or use of more than five (5) traps per person is prohibited.
(ii) Shrimp, mullet, and bait fish (minnows, pilchards, pinfish, mojarras, ballyhoo or bait mullet (less than eight (8) inches in total length) may be taken with hook and line, dipnet (not exceeding 3 feet at its widest point) or cast net, for use as bait or personal consumption.
(iii) A dipnet or cast net may not be dragged, trawled, or held suspended in the water.
(7) Tagging, marking, fin clipping, mutilation or other disturbance to a caught fish, prior to release is prohibited without written authorization from the Superintendent.
(8) Fish may not be fileted while in the park, except that:
(i) Up to four (4) filets per person may be produced for immediate cooking and consumption at designated campsites or on board vessels equipped with cooking facilities.
(ii) Fish may be fileted while at the designated park fish cleaning facilities, before transportation to their final destination.
(9) Nets and gear that are legal to use in State waters, and fish and other edible or non-edible sea life that are legally acquired in State waters but are illegal to possess in the waters of Everglades National Park may be transported through the park only over Indian Key Pass, Sand Fly Pass, Rabbit Key Pass, Chokoloskee Pass and across Chokoloskee Bay, along the most direct route to or from Everglades City, Chokoloskee Island or Fakahatchee Bay.
(i) Boats traveling through these passages with such nets, gear, fish, or other edible products of the sea must remain in transit unless disabled or weather and sea conditions combine to make safe passage impossible, at which time the boats may be anchored to await assistance or better conditions.
(ii) [Reserved]
(e) Boating. (1) The Superintendent may close an area to all motorized vessels, or vessels with motors greater than a specified horsepower, or impose other restrictions as necessary, in accordance with §§ 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.
(8) Vessels used as living quarters shall not remain in or be operated in the waters of the Park for more than 14 days without a permit issued by the Superintendent. Said permit will prescribe anchorage location, length of stay, sanitary requirements and such other conditions as considered necessary.
(f) Violation of any of the provisions of § 7.45 is prohibited.
§ 7.46   Virgin Islands Coral Reef National Monument.
(a) Extractive uses. (1) All extractive uses are prohibited within the boundaries of the Monument, including, but not limited to, harvest or collection of fish, coastal migratory pelagic fish, baitfish, lobsters, conch, whelk, corals, sponges and all associated reef invertebrates, and sand, water, plants, seeds, fruit, marine mammals, marine birds, gas, minerals, and rocks.
(2) All submerged cultural resources are protected under the Archeological Resource Protection Act and the Abandoned Shipwrecks Act.
(b) Exceptions. (1) Exceptions to prohibited extractive uses are limited to bait fishing at Hurricane Hole and blue runner (hardnose) line fishing in the area south of St. John. The Superintendent shall issue permits for such uses.
(2) Bait fishing shall be permitted with cast net at a distance greater than ten feet from the seaward edge of the mangrove prop root system.
(3) A maximum of three gallons of baitfish is allowed per fisherman per day.
(4) Blue runner shall be caught using hand lines and chum (a mixture of ground up baitfish and sand to attract the fish).
(5) Any fish caught other than blue runner shall be released.
(6) Vessels involved in the catch of blue runner may use moorings designated for that purpose.
(c) Marine Operations. No dredging, excavating, or filling operations of any kind are permitted, and no equipment, structures, by-product or excavated materials associated with such operations may be deposited in or on the waters or ashore within the boundaries of the monument.
(d) Wrecks. No person shall destroy or molest, remove, deface, displace or tamper with wrecked or abandoned waterborne craft of any type or condition, submerged cultural resources, or any cargo pertaining thereto, unless permitted in writing by an authorized official of the National Park Service.
(e) Boats. (1) No watercraft shall operate in such a manner, nor shall anchors or any other mooring device be cast or dragged or placed, so as to strike or otherwise cause damage to any underwater feature.
(2) All watercraft, carrying passengers, for hire, shall comply with applicable regulations and laws of the U.S. Coast Guard and Territory of the Virgin Islands.
(3) Anchoring will only be permitted in emergency situations to protect life and property.
(4) Anchoring shall only be permitted from 48 hours prior to landfall of the hurricane to 48 hours following passage of the hurricane.
(5) No lines or ropes shall be attached to mangroves or other shoreline vegetation.
§ 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.
§ 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 § 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°01′ N., approximate longitude 114°20′ W.
(3) Pearce Ferry landing strip, located at approximate latitude 30°04′37″ N., approximate longitude 114°02′44″ W.
(4) Echo Bay landing strip located at approximate latitude 36°19′ N., approximate longitude 114°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) Fishing. Unless otherwise designated, fishing in a manner authorized under applicable State law is allowed.
(e) The Superintendent may exempt motor vessels participating in a regatta that has been authorized by permit issued by the Superintendent from the noise level limitations imposed by § 3.7 of this chapter.
(f) Personal Watercraft. (1) A person may launch and operate a personal watercraft in park waters or beach a personal watercraft on park lands, except in the following areas:
(i) In the designated Primitive area known as the Gypsum Beds, which is described as Arizona T31N; R20W Portions of sections 2, 3, 10 and 11; and
(ii) In the designated Primitive area known as the Virgin River, which is described as Nevada T36N; R68E Portions of Sections 25, 26, 34, 35, 36; and
(iii) In the designated Primitive/Semiprimitive area in Black Canyon, from the Willow Beach Harbor to Hoover Dam, prohibited from the first Tuesday following Labor Day weekend through Friday of Memorial Day weekend; and prohibited only on Sundays and Mondays from the Sunday of Memorial Day weekend through the Monday of Labor Day weekend, which is described as Nevada T22S; R65E Portions of Sections 32; T23S; R65E Portions of Sections 5, 8, 17, 20, 21, 28, 29, 34; T23 1/2 S; R65E Portions of Sections 34; T23S; R65E Portions of Sections 1, 2, and 12. Arizona T30N; R23W Portions of Sections 3, 10, 15, 22, 27, 34; T29N; R23W Portions of Sections 2, 12, 13; T29N; R22W Portions of Sections 18, 19, 20, 29; and
(iv) In the designated Semiprimitive area known as the Muddy River Confluence with Lake Mead (Overton Wildlife Management Area), which is described as Nevada T16S; R68E Portions of Sections 28, 29, 32, 33 and 34 and T17; R68E; and
(v) In the designated Semiprimitive area known as Grand Wash Bay, which is described as Arizona T33N; R16W Portions of Sections 16, 17, 21, 22, 27, 28, 29, 33 and 34, and T32 1/2 N; R16W Portions of Sections 32 and 33; and
(vi) In the designated Semiprimitive area known as Bonelli Bay, which is described as Arizona T31N; R20W Portions of Sections 4, 5, 7, 8, 9, 16, 17, 18, 19, 20, 21, 29 and 30.
(2) A person may not operate a personal watercraft at a speed in excess of flat wake speed within 200 feet of any beach occupied by bathers, boats at the shoreline, or persons in the water or at the shoreline.
(3) After December 31, 2012, no one may operate a personal watercraft that does not meet the 2006 emission standards set by EPA for the manufacturing of two-stroke engines. A person operating a personal watercraft that meets the EPA 2006 emission standards through the use of direct-injection two-stroke or four-stroke engines, or the equivalent thereof, is not subject to this prohibition and will be allowed to operate as described in this section.
(4) The Superintendent may limit, restrict, or terminate access to the areas designated for PWC use after taking into consideration public health and safety, natural and cultural resource protection, and other management activities and objectives.
§ 7.49   Cape Lookout National Seashore.
(a) Personal watercraft (PWC) may be operated within Cape Lookout National Seashore only under the following conditions:
(1) PWC must be operated at flat-wake speed;
(2) PWC must travel perpendicular to shore;
(3) PWC may only be operated within the seashore to access the following sound side special use areas:
(i) North Core Banks:
(ii) South Core Banks:
(iii) Cape Lookout:
(iv) Shackleford Banks:
(b) The Superintendent may temporarily limit, restrict or terminate access to the areas designated for PWC use after taking into consideration public health and safety, natural and cultural resource protection, and other management activities and objectives.
§ 7.50   Chickasaw Recreation Area.
(a) Fishing. Unless otherwise designated, fishing in a manner authorized under applicable State law is allowed on Arbuckle Reservoir and Veterans Lake.
(b) Personal watercraft (PWC). (1) PWC may operate on Lake of the Arbuckles except in the following closed areas:
(i) The Goddard Youth Camp Cove.
(ii) A 150 foot wide zone around the picnic area at the end of Highway 110 known as “The Point”, beginning at the buoy line on the north side of the picnic area and extending south and east into the cove to the east of the picnic area.
(iii) The cove located directly north of the north branch of F Loop Road.
(iv) A 150 foot wide zone around the Buckhorn Campground D Loop shoreline.
(2) PWC may not be operated at greater than flat wake speed in the following locations:
(i) The Guy Sandy arm north of the east/west buoy line located near Masters Pond.
(ii) The Guy Sandy Cove west of the buoy marking the entrance to the cove.
(iii) Rock Creek north of the east/west buoy line at approximately 034°27′50″ North Latitude.
(iv) The Buckhorn Ramp bay, east of the north south line drawn from the Buckhorn Boat Ramp Breakwater Dam.
(v) A 150 foot wide zone along the north shore of the Buckhorn Creek arm starting at the north end of the Buckhorn Boat Ramp Breakwater Dam and continuing southeast to the Buckhorn Campground D Loop beach.
(vi) The cove south and east of Buckhorn Campground C and D Loops.
(vii) The cove located east of Buckhorn Campground B Loop and adjacent to Buckhorn Campground A Loop.
(viii) The second cove east of Buckhorn Campground B Loop, fed by a creek identified as Dry Branch.
(ix) Buckhorn Creek east of the east/west buoy line located at approximately 096°59′3.50″ Longitude, known as the G Road Cliffs area.
(x) Within 150 feet of all persons, docks, boat launch ramps, vessels at anchor, vessels from which people are fishing, and shoreline areas near campgrounds.
(3) PWC may only be launched from the following boat ramps:
(i) Buckhorn boat ramp.
(ii) The Point boat ramp.
(iii) Guy Sandy boat ramp.
(iv) Upper Guy Sandy boat ramp.
(4) The fueling of PWC is prohibited on the water surface. Fueling is allowed only while the PWC is away from the water surface and on a trailer.
(5) The Superintendent may temporarily limit, restrict or terminate access to the areas designated for PWC use after taking into consideration public health and safety, natural and cultural resource protection, and other management activities and objectives.
§ 7.51   Curecanti National Recreation Area.
(a) Hunting. Hunting is allowed at times and locations designated as open for hunting.
(b) Trapping. Trapping is allowed at times and locations designated as open for trapping.
(c) Snowmobiles. Operating a snowmobile is allowed within the boundaries of Curecanti National Recreation Area under the following conditions:
(1) That the operators and machines conform to the laws and regulations governing the use of snowmobiles as stated in this chapter and those applicable to snowmobile use promulgated by the State of Colorado where they prove to be more stringent or restrictive than those of the Department of the Interior.
(2) Designated water surface and routes. Snowmobile use is confined to the following water surface and routes:
(i) The frozen surface of Blue Mesa Reservoir; and
(ii) Lake Fork Visitor Center access point, McIntyre Gulch access point, Sapinero Beach access point, Dillon Pinnacles access point, Windsurf Beach access point, Elk Creek Marina, Dry Creek access point, North Willow access point, Old Stevens access point, Iola access point, Willow Creek access point, and the most direct route from each of these access points to the frozen surface of Blue Mesa Reservoir.
(3) Identification of designated water surface and routes. The designated water surface and routes are identified on maps available at the office of the Superintendent, Elk Creek Visitor Center, Lake Fork Visitor Center, Cimarron Visitor Center, and on the recreation area Web site.
(4) Snowmobile requirements. Snowmobiles are limited to a maximum of 1200 pounds gross vehicle weight (GVW), including cargo but excluding the weight of the driver and any passenger.
(d) Personal Watercraft (PWC). PWC may operate within Curecanti National Recreation Area in the following designated areas and under the following conditions:
(1) PWC may operate and land on Blue Mesa Reservoir between Beaver Creek and Blue Mesa dam, except that PWC may not operate in the buoyed barricaded section in the vicinity of the dam.
(2) PWC must operate at “flat wake” speeds within Blue Mesa Reservoir in the following areas upstream of designated buoys:
(i) Soap Creek arm at approximate longitude 107°8′9″ N latitude 38°30′16″ W.
(ii) West Elk arm at approximate longitude 107°16′45″ N latitude 38°29′43″ W.
(iii) Cebolla arm at approximate longitude 107°12′16″ N latitude 38°27′37″ W.
(iv) Lake Fork arm at approximate longitude 107°18′19″ N latitude 38°27′2″ W.
(3) PWC must operate at “flat wake” speeds in the following areas:
(i) Within 100′ of shoreline inside Dry Creek cove.
(ii) Within 500′ of shoreline along old highway 50 and Bay of Chickens.
(iii) Within the buoyed area around Elk Creek and Lake Fork marinas.
(iv) Within the buoyed area at Iola, Stevens Creek, and Ponderosa boat launch.
(v) From Lake city bridge east to Beaver Creek.
(vi) Within 100′ of shoreline adjacent to Stevens Creek campground.
(4) PWC may only be launched from designated boat launch sites.
(e) Off-road motor vehicle use. Operating a motor vehicle is allowed within the boundaries of Curecanti National Recreation Area off park roads under the following conditions:
(1) Designated routes and areas. Motor vehicle use off park roads is confined to the following routes and areas:
(i) Via the access points and routes listed in paragraph (c)(2)(ii) of this section, directly to the frozen surface of Blue Mesa Reservoir;
(ii) A maximum area of approximately 958 acres of the exposed lake bottom of Blue Mesa Reservoir between the high-water mark and the water of the reservoir; and
(iii) Posted designated access routes through the recreation area described and selected in the Curecanti Motor Vehicle Access Plan/Finding of No Significant Impact dated July 10, 2012.
(2) Identification of designated routes and areas. These routes and areas are identified on Maps 6a and 6b, dated January 1, 2011, which are available at the office of the Superintendent, Elk Creek Visitor Center, Lake Fork Visitor Center, Cimarron Visitor Center, and on the recreation area Web site.
(3) Vehicle requirements. Motor vehicles operating off park roads must meet the following requirements:
(i) Wheelbase width must not exceed 8 feet, 6 inches.
(ii) Maximum gross vehicle weight for motor vehicle use on the frozen surface of Blue Mesa Reservoir is 1800 pounds GVW, including cargo but excluding the weight of the driver and any passenger. This restricts vehicle use on the frozen surface to all-terrain and utility task type vehicles.
(4) Speed limits. Unless otherwise posted, motor vehicles may not exceed 15 miles per hour on designated off-road routes and areas.
(f) Superintendent's authority. The Superintendent may open or close designated routes, water surfaces, access points, or areas open to snowmobile, PWC, or off-road motor vehicle use, or portions thereof, or impose conditions or restrictions for snowmobile, PWC, or off-road motor vehicle use after taking into consideration public health and safety, natural and cultural resource protection, and other management activities and objectives.
(1) The Superintendent will provide public notice of all such actions through one or more of the methods listed in § 1.7 of this chapter.
(2) Violating a closure, condition or restriction is prohibited.
§ 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.
(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]
§ 7.53   Black Canyon of the Gunnison National Monument.
(a) Snowmobiles. (1) During periods when snow depth prevents regular vehicular travel to the North Rim of the Monument, as determined by the superintendent, snowmobiling will be permitted on the graded, graveled North Rim Drive and parking areas from the north monument boundary to North Rim Campground and also to the Turnaround.
(2) On roads designated for snowmobile use, only that portion of the road or parking area intended for other motor vehicle use may be used by snowmobiles. Such roadway is available for snowmobile use only when there is sufficient snow cover and when these roads and parking areas are closed to all other motor vehicle use by the public. These routes will be marked by signs, snow poles, or other appropriate means. Snowmobile use outside designated routes is prohibited.
(b) [Reserved]
§ 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]
§ 7.55   Lake Roosevelt National 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.
(c) Personal Watercraft (PWC). (1) PWCs are allowed on the waters within Lake Roosevelt National Recreation Area except in the following areas:
(i) Crescent Bay Lake.
(ii) Kettle River above the Hedlund Bridge.
(2) Launch and retrieval of PWC are permitted only at designated launch ramps. Launching and retrieval of PWC at Napoleon Bridge launch ramp is prohibited.
(3) PWC may land anywhere along the shoreline except in designated swimming areas.
(4) PWC may not be operated at greater than flat-wake speeds in the following locations:
(i) Upper Hawk Creek from the waterfall near the campground through the area known as the “narrows” to the confluence of the lake, marked by “flat wake” buoy(s).
(ii) Within 200 feet of launch ramps, marina facilities, campground areas, water skiers, beaches occupied by swimmers, or other persons in the water.
(iii) The stretch of the Spokane Arm from 200 feet west of the Two Rivers Marina on the downstream end, to 200 feet east of the Fort Spokane launch ramp on the upstream end, above the vehicle bridge.
(5) The Superintendent may temporarily limit, restrict or terminate access to the areas designated for PWC use after taking into consideration public health and safety, natural and cultural resource protection, and other management activities and objectives.
§ 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.
§ 7.57   Lake Meredith National Recreation Area.
(a)(1) What terms do I need to know? In addition to the definitions found in § 1.4 of this chapter, the following definition applies to this § 7.57 only.
All-terrain vehicle or ATV means a motor vehicle that is:
(i) Equipped with a seat or seats for the use of the rider and a passenger, if the motor vehicle is designed by the manufacturer to transport a passenger;
(ii) Designed to propel itself with three or more tires in contact with the ground;
(iii) Designed by the manufacturer for off-highway use;
(iv) Not designed by the manufacturer primarily for farming or lawn care; and
(v) Not more than 50 inches wide.
(2) Off-road motor vehicle use. Operating a motor vehicle is allowed within the boundaries of Lake Meredith National Recreation Area off roads under the conditions in this paragraph (a).
(3) Permit requirement. (i) A special use permit issued and administered by the superintendent is required to operate a motor vehicle off roads at designated locations in the recreation area. There is no limit to the number of permits that the Superintendent may issue.
(ii) The NPS charges a fee to recover the costs of administering the special use permits. Permit applicants must pay the fee charged by the NPS in order to obtain a special use permit.
(iii) Annual permits are valid for the calendar year for which they are issued. Three-day permits are valid on the day designated on the permit and the following two days. One-day permits are valid on the day designated on the permit.
(iv) A permit applicant must acknowledge in writing that he or she understands the rules governing off-road vehicle use in the recreation area.
(v) Each motor vehicle permitted to operate off roads must display an NPS decal issued by the superintendent. The NPS decal must be affixed to the vehicle in a manner and location specified by the superintendent.
(vi) Permits may be requested from the recreation area headquarters in Fritch, Texas, or on the recreation area Web site.
(4) Designated locations. (i) The operation of a motor vehicle off roads within the recreation area is prohibited except at the locations designated by this paragraph (a). Designated locations are identified on maps available at the recreation area headquarters and on the recreation area Web site, and are marked on the ground with signs, posts, or cables.
(ii) Permitted motor vehicles may be used off roads at the following locations at Blue Creek, an area at the northern end of the recreational area that empties into Lake Meredith:
(iii) Permitted motor vehicles may be used off roads at the following locations at Rosita, an area of the Canadian River at the southern end of the recreation area:
(5) Management zones. Some of the designated locations for off-road motor vehicle use enter into or abut one or more management zones that further manage this activity. These zones are identified on maps available at headquarters and on the recreation area Web site. Each zone has special restrictions governing off-road motor vehicle use as set forth in the following table:
(6) Camping at Blue Creek and Rosita. Camping is prohibited in designated ORV areas, routes, and access points and within 100 feet of these locations, except for marked camping zones where camping is allowed in or next to a motor vehicle, including a tent trailer, RV, or van.
(7) Operational and vehicle requirements. The following requirements apply to the use of motor vehicles off roads in the recreation area:
(i) At Rosita, operating a motor vehicle in an isolated pool of water that is not connected to or touching flowing water is prohibited.
(ii) Operating a motor vehicle on vegetation is prohibited.
(iii) Glass containers are prohibited in designated areas, routes, and access points, and in camping zones.
(iv) Operating a motor vehicle in excess of 35 mph (unless otherwise posted) on designated routes and access points at Blue Creek and Rosita is prohibited.
(v) Operating a motor vehicle in excess of the speed limits identified in paragraph (a)(5) (unless otherwise posted) in specific management zones is prohibited.
(vi) Operating a motor vehicle in excess of 55 mph (unless otherwise posted) in the designated areas that are not part of a Low-Speed Zone on the river bottoms at Blue Creek and Rosita is prohibited.
(vii) All ATVs must be equipped with a whip—a pole, rod, or antenna—that is securely mounted on the vehicle and stands upright at least eight feet from the surface of the ground when the vehicle is stopped. This whip must have a solid red or orange safety flag with a minimum size of six inches by twelve inches that is attached no more than ten inches from the top of the whip. Flags must have a pennant, triangle, square, or rectangular shape.
(viii) A motor vehicle must display lighted headlights and taillights during the period from one-half hour before sunset to one half hour after sunrise.
(ix) Motor vehicles must have a functioning muffler system. Motor vehicles that emit more than 96 decibels of sound (using the SAE J1287 test standard) are prohibited.
(x) Operating a motor vehicle with a wheel width greater than 65 inches in a Resource Protection Zone is prohibited.
(8) Prohibited acts. Violating any provision of this paragraph (a), including the special restrictions for each management zone, or the terms, conditions, or requirements of an off-road vehicle permit is prohibited. A violation may also result in the suspension or revocation of the applicable permit by the superintendent.
(9) Superintendent's authority. The superintendent may open or close designated areas, routes, or access points to motor vehicle use, or portions thereof, or impose conditions or restrictions for off-road motor vehicle use after taking into consideration public health and safety, natural and cultural resource protection, and other management activities and objectives. The superintendent will provide public notice of all such actions through one or more of the methods listed in § 1.7 of this chapter. Violating any such closure, condition, or restriction is prohibited.
(b) Safety Helmets. The operator and each passenger of a motorcycle shall wear a safety helmet while riding on a motorcycle in an off-road area designated in paragraph (a) of this section.
(c) Powerless flight. The use of devices designed to carry persons through the air in powerless flight is allowed except in locations designated as closed to this activity. The superintendent may designate times and locations where such activity is allowed only under the terms and conditions of a permit.
(d) Fishing. Unless otherwise designated, fishing in a manner authorized under applicable State law is allowed.
(e) Hunting. Hunting is allowed at times and locations designated as open for hunting.
(f) Trapping. Trapping is allowed at times and locations designated as open for trapping.
(g) Personal watercraft (PWC). (1) PWC may operate on Lake Meredith except in the following closed areas: stilling basin below Sanford Dam, within 750 feet of the Sanford Dam intake tower, and on the waters of the Canadian River.
(2) PWC may operate on Lake Meredith under the following conditions:
(i) Fueling of PWC is prohibited on the lake, except at the marina fuel dock with an attendant providing the fuel service, or onshore and out of the water.
(ii) Carrying of fuel in an external or portable container onboard a PWC is prohibited.
(iii) PWC may only be launched at designated launch sites established by the Superintendent in accordance with 36 CFR 1.5 and 1.7.
(iv) PWC may not operate at greater than flat wake speed in the following designated areas: North Turkey Creek, Bugbee Canyon, North Canyon, North Cove, South Canyon, Sexy Canyon, Amphitheater Canyon, the coves between day markers 9 and 11, Fritch Canyon, Short Creek, Evans Canyon and Canal Canyon. Flat wake areas are designated by buoys marked with “flat wake” or other similar markings. The location of those buoys may be adjusted by the Superintendent based on reservoir water levels.
(3) The Superintendent may temporarily limit, restrict or terminate access to the areas designated for PWC use after taking into consideration public health and safety, natural and cultural resource protection, and other management activities and objectives.
(h) Bicycling. (1) The Superintendent may designate for bicycle use routes or portions of routes in the following sections of the park's multi-use recreational trail:
(i) Harbor Bay-Fritch Canyon area (approximately 5.7 miles);
(ii) Harbor Bay Short-Creek area (approximately 3.3 miles);
(iii) Short Creek-South Turkey Creek area (approximately 2.8 miles);
(iv) South Turkey Creek area (approximately 4.4 miles); and
(v) Fritch Fortress area (approximately 5.2 miles).
(2) Designation of bicycle routes or portions of routes shall be implemented with a written determination that the route is open for public use and that such bicycle use is consistent with the protection of the park area's natural, scenic and aesthetic values, safety considerations and management objectives, and will not disturb wildlife or park resources. Notice may be provided by posting signs and identifying routes on maps which shall be available in the office of the Superintendent and on the park's Web site.
(3) The Superintendent may open or close designated bicycle routes, or portions thereof, or impose conditions or restrictions for bicycle use after taking into consideration public health and safety, natural and cultural resource protection, carrying capacity, and other management activities and objectives.
(i) The Superintendent will provide public notice of all such actions through one or more of the methods listed in § 1.7 of this chapter.
(ii) Violating a closure, condition, or restriction is prohibited.
§ 7.58   Cape Hatteras National Seashore.
(a) Hunting. (1) Lands within the Seashore on which hunting is legally permitted are designated as follows:
(i) Ocracoke Island, except Ocracoke village.
(ii) Hatteras Island, 500 acres, in three disconnected strips 250 feet wide measuring eastward from mean high water mark on Pamlico Sound between villages of Salvo and Avon and Buxton, and between Frisco and Hatteras.
(iii) Bodie Island, 1,500 acres, between high water mark of Roanoke Sound and a line 2,000 feet west of and parallel to U.S. Highway 158, and from the north dike of the Goosewing Club property on the north to the north boundary of the Dare County tract on the south.
(2) Seashore lands on which hunting is not permitted will be posted accordingly.
(3) This hunting plan will be administered and enforced by the National Park Service, through the Service's authorized local representative, the Superintendent of the Seashore, hereinafter referred to as the Superintendent.
(4) The State of North Carolina will assist in the enforcement of applicable State and Federal hunting laws and otherwise in carrying out this plan.
(5) Hunting will be restricted to waterfowl. Season length, opening and closing dates, bag limits and species of waterfowl which may be taken will be in accordance with the rules and regulations issued by the North Carolina Wildlife Resources Commission and the U.S. Fish and Wildlife Service.
(6) Hunting privileges will be free for all hunters possessing a North Carolina State hunting license and Federal migratory bird hunting stamp.
(7) Permanent blinds will be constructed exclusively by the Seashore and these will be built only on Bodie Island. Setting up and use of temporary or portable blinds by hunters will be permitted on Hatteras and Ocracoke Islands.
(8) Minimum distance between blinds on Seashore land and ponds within the designated hunting areas will be 300 yards unless other conditions, such as natural screening, justify a shorter distance.
(9) Hunting on Ocracoke Island will be permitted and managed in the same manner as Hatteras Island.
(10) “Jump shooting” of waterfowl will be permitted only on Hatteras and Ocracoke Islands and is prohibited within 300 yards of any blind.
(11) Properly licensed and authorized guides may provide hunting guide service within the designated hunting areas in the Seashore. They will not be permitted to solicit business within the boundaries of the Seashore and all arrangements with hunters must be made outside of those boundaries. Guides will be required to possess a North Carolina State guide license and to fulfill all requirements and conditions imposed by that license. Fees charged by guides must be approved in advance by the Superintendent. Each guide must also possess a permit issued by the Superintendent which authorizes him to guide hunters within the Seashore and the amount of the fees which he may charge.
(12) Guides shall have no permanent or seasonal blind rights within the Seashore and no special privileges other than those specified in this section.
(13) At 5:00 a.m. each morning the day of hunting a drawing for blind assignments will be conducted at the check-out station. Advance reservations for permission to draw will be accepted through the United States mail only. Reservations postmarked prior to 12:01 a.m. of September 25 will not be accepted. The postmark date and hour will establish and govern the priority of drawing. Maximum reservation by any person shall be three (3) consecutive days in any week, Monday through Saturday, and limited to a total of six (6) days during the season. Reservations shall have priority over nonreservations at drawing time. In the event a reservation is to be canceled, the Superintendent shall be informed by the party prior to drawing time for the date or dates of the reservation.
(14) The first departure from a blind by a person terminates his hunting privilege within Bodie Island for that day and the blinds may be reassigned by the Superintendent, Cape Hatteras National Seashore Recreational Area, or his duly authorized representative, for use by others later the same day. Vacating parties must check out and furnish information regarding their take at the checking station on Bodie Island located near the north boundary of the hunting area.
(15) Hunters and guides shall provide their own decoys and are required to leave the blind which they used in a clean, sanitary and undamaged condition.
(16) All hunters taking banded fowl shall turn in the bands at the check-out station.
(17) Details of this plan, interpretations and further information regarding it will be published in local newspapers and issued in circular form free to all interested persons.
(18) Access to blinds will be by designated foot trails. Vehicles will not be permitted to drive to the blind sites.
(19) Trained dogs will be permitted for retrieving providing they are kept under restraint by the hunter.
(20) Blinds will be limited to two persons without a guide and three including the guide. Only two guns will be permitted in each blind.
(21) All other regulations will be in accordance with the North Carolina State and Federal migratory bird hunting laws.
(b) Definitions. As used in this section:
(1) Definitions. As used in this part:
(i) Seashore. Cape Hatteras National Seashore.
(ii) Legal resident of an established village. An individual (excluding a corporation, partnership, or other artificial person) having domicile in one of the following Outer Banks villages referred to in section 1 of the Act of August 17, 1937 (50 Stat. 669):
Corolla, Duck, Kitty Hawk, Kill Devil Hills, Collington, Nags Head, Manteo, Wanchese, Rodanthe, Waves, Salvo, Avon, Buxton, Frisco, Hatteras, Ocracoke.
(iii) Commercial fishing. All operations preparatory to, during, and subsequent to the taking of fish by any means if a primary purpose of the taking is to sell fish.
(iv) Commercial fishing permit. Written revocable authorization, issued by the Superintendent to an eligible individual, to engage in commercial fishing from the Seashore beaches. The permit will be issued on an annual basis commencing on October 1st of each year.
(2) Commercial fishing permit required. A commercial fishing permit is required before engaging in commercial fishing from the seashore beaches.
(3) Permits. Commercial fishing permits may be issued by the Superintendent or his authorized representative limited to individuals meeting the following criteria of eligibility:
(i) A legal resident of an established village.
(ii) Possession of a valid North Carolina commercial fishing license or engagement in a joint commercial fishing venture with a North Carolina commercial fishing licensee.
(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.
(c) Off-road motor vehicle use —(1) Definitions. In addition to the definitions found in § 1.4 of this chapter, the following terms apply in this paragraph (c):
ORV means a motor vehicle used off of park roads (off-road), subject to the vehicle requirements, prohibitions, and permitting requirements described in this paragraph (c).
ORV corridor means the actual physical limits of the designated ORV route in the Seashore. On the landward side, the ORV corridor on Seashore beaches will be marked when possible by posts that are located seaward of the toe of the dune or the vegetation line. On the seaward side, the corridor runs to the water line, which will not be marked by posts unless necessary. Where the ocean beach is at least 30 meters wide above the high tide line, the landward side of the corridor will be posted at least 10 meters seaward of the toe of the dune.
(2) ORV permits. ORV permits are a form of NPS special park use permits, which are issued and administered by the Superintendent and for which the NPS charges a fee to recover its administrative costs.
(i) A permit issued by the Superintendent is required to operate a vehicle on designated ORV routes at the Seashore.
(ii) Operation of a motor vehicle authorized under an ORV permit is limited to those routes designated in this paragraph (c).
(iii) There is no limit to the number of ORV permits that the Superintendent may issue.
(iv) ORV permits are valid for the dates specified on the permit. The public will be notified of any changes to ORV permit durations through one or more of the methods listed in § 1.7(a) of this chapter.
(v) In order to obtain a permit, an applicant must comply with vehicle and equipment requirements, complete a short education program in a manner and location specified by the Superintendent, acknowledge in writing an understanding of the rules governing ORV use at the Seashore, and pay the permit fee.
(vi) Each permit holder must affix the proof of permit, in a manner and location specified by the Superintendent, to the vehicle covered by the permit for use off-road.
(3) Vehicle and equipment requirements. The following requirements apply for driving off-road:
(i) The vehicle must be registered, licensed, and insured for highway use and must comply with inspection requirements for the state, country, or province where the vehicle is registered.
(ii) The vehicle may have no more than two axles.
(iii) A towed boat or utility trailer may have no more than two axles.
(iv) Vehicle tires must be listed or approved by the U.S. Department of Transportation.
(v) The vehicle must carry a low-pressure tire gauge, shovel, jack, and jack support board.
(4) Vehicle inspection. Authorized persons may inspect the vehicle to determine compliance with the requirements of this paragraph (c).
(5) Certain vehicles prohibited. The off-road operation of a motorcycle, all-terrain vehicle (ATV), or utility vehicle (UTV) is prohibited.
(6) Travel trailers prohibited. The towing of a travel trailer ( i.e., a trailer with sleeping or bathroom facilities) off-road is prohibited.
(7) Special-use permits for off-road driving, temporary use. Special-use permits issued under this paragraph are subject to resource, safety, and other closures implemented under § 7.58(c)(10), and may only be used in a manner consistent with the terms and conditions of the permit. The Superintendent may issue a special-use permit for temporary off-road vehicle use to:
(i) Authorize the North Carolina Department of Transportation to use Seashore beaches as a public way, when necessary, to bypass sections of NC Highway 12 that are impassable or closed for repairs;
(ii) Allow participants in regularly scheduled fishing tournaments to drive in an area if driving was allowed in that area for that tournament before January 1, 2009; or
(iii) Allow vehicular transport of mobility impaired individuals via the shortest, most direct distance from the nearest designated ORV route or Seashore road to a predetermined location in a beach area in front of a village that is not otherwise open to ORV use.
(8) Commercial fishing vehicles. The Superintendent, when issuing a commercial fishing permit, may authorize the holder, when actively engaged in authorized commercial fishing, to operate a vehicle off-road.
(i) An authorization under this paragraph may allow off-road driving on a beach not otherwise designated for ORV use, only if the beach is not subject to a resource closure or is not a lifeguarded beach.
(ii) An authorization under this paragraph may allow off-road driving beginning at 5 a.m. on days when night-driving restrictions are in effect, to set or tend haul seine or gill nets, only if the permit holder is carrying and able to present a fish-house receipt from the previous 30 days.
(9) ORV routes. The following tables indicate designated ORV routes. The following ramps are designated for off-road use to provide access to ocean beaches: 2, 4, 23, 25, 27, 30, 32, 34, 38, 43, 44, 48, 49, 55, 59, 63, 67, 68, 70, and 72. Designated ORV routes and ramps are subject to resource, safety, seasonal, and other closures implemented under § 7.58(c)(10). Soundside ORV access ramps are described in the table below. For a village beach to be open to ORV use during the winter season, it must be at least 20 meters (66 feet) wide from the toe of the dune seaward to mean high tide line. Maps showing designated routes and ramps are available in the Office of the Superintendent and on the Seashore Web site.
(10) Superintendent's closures. (i) The Superintendent will temporarily limit, restrict, or terminate access to routes or areas designated for off-road use based on one or more of the following criteria:
(A) Public health and safety;
(B) Vehicle carrying capacity and other ORV management considerations;
(C) Natural and cultural resource protection;
(D) Applicable species management strategies including buffer distances; or
(E) Desired future conditions for threatened, endangered, state-listed, and special status species.
(ii) The Superintendent will conduct periodic reviews of the criteria for and results of these closures to assess their effectiveness. The public will be notified of such closures through one or more of the methods listed in § 1.7(a) of this chapter. Violation of any closure is prohibited.
(iii) The Superintendent will remove or relax closures based on the same criteria used for closure.
(11) Rules for Vehicle Operation. (i) Notwithstanding the definition of “Public Vehicular Area” (PVA) in North Carolina law, the operator of any motor vehicle anywhere in the Seashore, whether in motion or parked, must at all times comply with all North Carolina traffic laws that would apply if the operator were operating the vehicle on a North Carolina highway.
(ii) In addition to the requirements of Part 4 of this chapter, the following restrictions apply:
(A) A vehicle operator must yield to pedestrians on all designated ORV routes.
(B) When approaching or passing a pedestrian on the beach, a vehicle operator must move to the landward side to yield the wider portion of the ORV corridor to the pedestrian.
(C) A vehicle operator must slow to 5 mph when traveling within 30.5 meters (100 feet) or less of pedestrians at any location on the beach at any time of year.
(D) An operator may park on a designated ORV route, but no more than one vehicle deep, and only as long as the parked vehicle does not obstruct two-way traffic.
(E) When driving on a designated route, an operator must lower the vehicle's tire pressure sufficiently to maintain adequate traction within the posted speed limit.
(F) The speed limit for off-road driving is 15 mph, unless otherwise posted.
(12) Hours of Operation/Night-Driving Restrictions. (i) Hours of operation and night-driving restrictions are listed in the following table:
Hours of Operation/Night Driving Restrictions
(ii) Maps available in the office of the Superintendent and on the Seashore's Web site will show routes closed due to night-driving restrictions, and routes or portions of the routes the Superintendent opens because there are no turtle nests remaining.
(13) Vehicle carrying capacity. The maximum number of vehicles allowed on any ORV route, at one time, is the length of the route (or, if part of the route is closed, the length of the portion of the route that is open) divided by 6 meters (20 feet).
(14) Violating any of the provisions of this paragraph, or the terms, conditions, or requirements of an ORV or other permit authorizing ORV use is prohibited. A violation may also result in the suspension or revocation of the applicable permit by the Superintendent.
(15) Information Collection. As required by 44 U.S.C. 3501 et seq., OMB has approved the information collection requirements contained in this paragraph. The OMB approval number is 1024-0026. NPS is collecting this information to provide the Superintendent data necessary to issue ORV special-use permits. The information will be used to grant a benefit. The obligation to respond is required in order to obtain the benefit in the form of the ORV permit.
(d) Bicycle Use. (1) The Superintendent may designate all or a portion of the following trails as open to bicycle use:
(i) Multi-use pathway in the Hatteras Island District (approximately 1.6 miles).
(ii) [Reserved]
(2) Maps showing the pathway as open to bicycle use will be available at Seashore visitor centers and posted on the Seashore website. The Superintendent will provide notice that the pathway is open to bicycle use in accordance with § 1.7 of this chapter, including in the superintendent's compendium (or written compilation) of discretionary actions referred to in 36 CFR 1.7(b).
(3) The Superintendent may limit, restrict, or impose conditions on bicycle use, or close any trail to bicycle use, or terminate such conditions, closures, limits, or restrictions in accordance with § 4.30 of this chapter. A violation of any such limit, restriction, condition, or closure is prohibited.
§ 7.59   Grand Portage National Monument.
(a) Snowmobiles. After consideration of existing special situations, i.e. depth of snow, and depending on local weather conditions, the superintendent may permit the use of snowmobiles on the following designated routes within the National Monument:
(1) The trail from County Road 73 (near the Grand Portage Trading Post) which moves across the Grand Portage to County Road 17 near the Catholic Church.
(2) The powerline right-of-way road from Country Road 73 which moves across the Grand Portage Trail.
(3) The logging road which moves across the Grand Portage Trail in NE 1/4 , SE 1/4 , Section 32, T64N, R6E.
(4) Abandoned Highway 61 which moves across the Grand Portage Trail.
(5) The logging road which moves across the Grand Portage Trail in SE 1/4 , NW 1/4 , Section 25, T64N, R5E.
(b) Fishing. Unless otherwise designated, fishing in a manner authorized under applicable State law is allowed.
§ 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.
§ 7.61   Fort Caroline National Memorial.
(a) Fishing. Fishing is prohibited within the Memorial.
§ 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°21′ N, approximate longitude 120°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.
(d) Solid waste disposal. A solid waste transfer station located near Stehekin within the boundary of Lake Chelan National Recreation Area must comply with all provisions in 36 CFR part 6, except it may:
(1) Accept solid waste generated within the boundary of the park unit that was not generated by National Park Service activities;
(2) Be located within one mile of a campground or a residential area;
(3) Be visible by the public from scenic vistas or off-trail areas in designated wilderness areas;
(4) Be detectable by the public by sound from a campground; and
(5) Be detectable by the public by sight, sound, or odor from a road open to public travel.
§ 7.63   Dinosaur National Monument.
(a) Commercial hauling. Ranchers and stockmen owning, leasing or renting private lands, or holding grazing permits issued by the Bureau of Land Management on designated grazing allotments adjacent to the Artesia Entrance Road, Blue Mountain Road, and Deerlodge Park Road, are authorized to use these roads for trucking or hauling ranching and agricultural supplies and materials, including livestock, for use in normal ranching and stock growing operations.
(b) Stock grazing. (1) Privileges for the grazing of domestic livestock based on authorized use of certain areas at the time of approval of the act of September 8, 1960 (74 Stat. 857, Pub. L. 86-729), shall continue in effect or shall be renewed from time to time, except for failure to comply with such terms and conditions as may be prescribed by the Superintendent in these regulations and after reasonable notice of default and subject to the following provisions of tenure:
(i) Grazing privileges appurtenant to privately owned lands located within the Monument shall not be withdrawn until title to the lands to which such privileges are appurtenant shall have vested in the United States except for failure to comply with the regulations applicable thereto after reasonable notice of default.
(ii) Grazing privileges appurtenant to privately owned lands located outside the Monument shall not be withdrawn for a period of twenty-five years after September 8, 1960, and thereafter shall continue during the lifetime of the original permittee and his heirs if they were members of his immediate family as described herein except for failure to comply with the regulations applicable thereto after reasonable notice of default.
(iii) Members of the immediate family are those persons who are related to and directly dependent upon a person or persons, living on or conducting grazing operations from lands, as of September 8, 1960, which the National Park Service recognized as base lands appurtenant to grazing privileges in the monument. Such interpretation excludes mature children who, as of that date, were established in their own households and were not directly dependent upon the base lands and appurtenant grazing recognized by the National Park Service.
(iv) If title to base lands lying outside the monument is conveyed, or such base lands are leased to someone other than a member of the immediate family of the permittee as of September 8, 1960, the grazing preference shall be recognized only for a period of twenty-five years from September 8, 1960.
(v) If title to a portion or part of the base land either outside or inside the monument is conveyed or such base lands are leased, the new owner or lessee will take with the land so acquired or leased after September 8, 1960, such proportion of the entire grazing privileges as the grazing capacity in animal unit months of the tract conveyed or leased bears to the original area to which a grazing privilege was appurtenant and recognized. Conveyance or lease of all such base lands will automatically convey all grazing privileges appurtenant thereto.
(vi) Grazing privileges which are appurtenant to base lands located either inside or outside the monument as of September 8, 1960, shall not be conveyed separately therefrom.
(2) Where no reasonable ingress or egress is available to permittees or nonpermittees who must cross monument lands to reach grazing allotments or non-Federal lands within the exterior boundary of the monument or adjacent thereto, the Superintendent will grant, upon request, a temporary nonfee annual permit to herd stock on a designated driveway which shall specify the time to be consumed in each single drive.
(3) After September 8, 1960, no increase in the number of animal unit months will be allowed on Federal lands in the monument.
(4)(i) A permittee whose privileges are appurtenant to base lands either inside or outside the monument may be granted total nonuse on a year to year basis not to exceed three consecutive years. Total nonuse beyond this time may be granted if necessitated for reasons clearly outside the control of the permittee. Total unauthorized nonuse beyond three consecutive years will result in the termination and loss of all grazing privileges.
(ii) Whenever partial or total non-use is desired an application must be made in writing to the Superintendent.
(5) Grazing fees shall be the same as those approved for the Bureau of Land Management and will be adjusted accordingly.
(6) Permittees or nonpermittees who have stock on Federal lands within the monument at any time or place, when or where herding or grazing is unauthorized may be assessed fifty cents per day per cow or horse and ten cents per day per sheep as damages.
(7) The Superintendent may accept a written relinquishment or waiver of any privileges; however, no such relinquishment or waiver will be effective without the written consent of the owner or owners of the base lands.
(8) Permits. Terms and conditions. The issuance and continued effectiveness of all permits will be subject, in addition to mandatory provisions required by Executive Order or law, to the following terms and conditions:
(i) The permittee and his employees shall use all possible care in preventing forest and range fires, and shall assist in the extinguishing of forest and range fires on, or within, the vicinity of the land described in the permit, as well as in the preservation of good order within the boundaries of the Monument.
(ii) The Superintendent may require the permittee before driving livestock to or from the grazing allotment to gather his livestock at a designated time and place for the purpose of counting the same.
(iii) Stock will be allowed to graze only on the allotment designated in the permit.
(iv) The permittee shall file with the Superintendent a copy of his stock brand or other mark.
(v) The permittee shall, upon notice from the Superintendent that the allotment designated in the permit is not ready to be grazed at the beginning of the designated grazing season, place no livestock on the allotment for such a period as may be determined by the Superintendent as necessary to avoid damage to the range. All, or a portion of the livestock shall be removed from the area before the expiration of the designated grazing season if the Superintendent determines further grazing would be detrimental to the range. The number of stock and the grazing period may be adjusted by the Superintendent at any time when such action is deemed necessary for the protection of the range.
(vi) No permit shall be issued or renewed until payment of all fees and other amounts due the National Park Service has been made. Fees for permits are due the National Park Service and must be paid at least 15 days in advance of the grazing period. No permit shall be effective to authorize grazing use thereunder until all fees and other amounts due the National Park Service have been paid. A pro rata adjustment of fees will be made in the event of reduction of grazing privileges granted in the permit, except that not more than 50 percent of the total annual grazing fee will be refunded in the event reduced grazing benefits are taken at the election of the permittee after his stock are on the range.
(vii) No building or other structure shall be erected nor shall physical improvements of any kind be established under the permit except upon plans and specifications approved by the National Park Service. Any such facilities, structures, or buildings may be removed or disposed of to a successor permittee within three months following the termination of the permit; otherwise they shall become the property of the United States without compensation therefor.
(viii) The permittee shall utilize the lands covered by the permit in a manner approved and directed by the Superintendent which will prevent soil erosion thereon and on lands adjoining same.
(ix) The right is reserved to adjust the fees specified in the permit at any time to conform with the fees approved for the Bureau of Land Management, and the permittee shall be furnished a notice of any change of fees.
(x) All livestock are considered as mature animals at 6 months of age and are so counted in determining animal unit months and numbers of animals.
(xi) The Superintendent may prescribe additional terms and conditions to meet individual cases.
(9) The breach of any of the terms or conditions of the permit shall be grounds for termination, suspension, or reduction of grazing privileges.
(10) Appeals from the decision of the Superintendent to the Regional Director, and from the Regional Director to the Director shall be made in accordance with National Park Service Order No. 14, as amended (19 FR 8824) and Regional Director, Order No. 3, as amended (21 FR 1494).
(11) Nothing in these regulations shall be construed as to prevent the enforcement of the provisions of the General Rules and Regulations and the Special Rules and Regulations of the National Park Service or of any other provisions of said rules and regulations applicable to stock grazing.
(c) Snowmobiles. (1) Designated routes which will be open to smowmobile use are approximately 20 miles of the Harpers Corner Road in Colorado and approximately 2 miles of the Cub Creek Road in Utah. The Harpers Corner Road section extends from the Plug Hat Overlook to the Echo Park Road Turnoff. The Cub Creek Road section extends from the Chew Ranch Road, 1 mile north of the Green River Bridge, to the point where the Cub Creek Road leaves the southern boundary of the monument.
(2) On roads designated for snowmobile use, only that portion of the road or parking area intended for other motor vehicle use may be used by snowmobiles. Such roadway is available for snowmobile use only when there is sufficient snow cover and when these roads are closed to all other motor vehicle use by the public.
(3) Snowmobile use outside designated routes is prohibited. The superintendent shall determine the opening and closing dates for use of the designated snowmobile routes each year.
§ 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.
§ 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 § 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.
(6) In order to retain occupancy rights, the hunter must remain in or near the blind except for the purpose of retrieving waterfowl. The leaving of decoys or equipment for the purpose of holding occupancy is prohibited.
(7) Hunters shall not enter the public waterfowl hunting area more than 1 hour before legal shooting time and shall be out of the hunting area within 45 minutes after close of legal shooting time. The blind shall be left in a clean and sanitary condition.
(8) Hunters using Service-owned shore blinds shall enter and leave the public hunting area via designated routes from the island.
(9) Prior to entering and after leaving a public hunting blind, all hunters shall check in at the registration box located on the trail to the blind he is or has been using.
(10) Parties in blinds are limited to two hunters and two guns unless otherwise posted at the registration box for the blinds.
(11) The hunting of upland game shall not be conducted within 300 yards of any waterfowl hunting blind during waterfowl season.
(12) Hunting on seashore lands and waters, except as designated pursuant to § 1.5 and § 1.7, is prohibited.
(b) Operation of oversand vehicles —(1) Definitions. In addition to the definitions found in § 1.4 of this chapter, the following terms or phrases, when used in this section, have the meanings hereinafter respectively ascribed to them.
(i) Oversand vehicle. Any motorized vehicle which is capable of traveling over sand including—but not limited to—over-the-road vehicles such as beachbuggies, four-wheel-drive vehicles, pickup trucks, and standard automobiles.
(ii) Self-Contained vehicle. Any towed or self-propelled camping vehicle that is equipped with a toilet and a permanently installed, waste, storage tank capable of holding a minimum of 2 days volume of material.
(iii) Primary dune. Barriers or mounds of sand which are either naturally created or artificially established bayward of the beach berm which absorb or dissipate the wave energy of high tides and coastal storms.
(iv) Dunes crossing. A maintained vehicle accessway over a primary dune 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 § 4.10; and
(D) Which does not meet the following standards: On four-wheel-drive vehicles and trailers towed by any vehicle:
On two-wheel-drive vehicles, in addition to the six items listed immediately above: Minimum width of tire tread contact on sand, 8 in. each wheel. Tires with regular mud/snow grip tread, not acceptable. Provided, That the Superintendent may issue a single trip permit for a vehicle of greater weight or length when such use is not inconsistent with the purposes of the regulations.
(iii) Before issuing a permit, the Superintendent may check the vehicle to determine whether it complies with the requirements of paragraphs (b)(2)(ii) (A) through (D) of this section.
(iv) Oversand permits are not transferable and shall be carried by the operator of the vehicle for which it has been issued while traveling in the park. It shall be displayed as directed by the Superintendent at the time of issuance.
(3) Authorized and prohibited travel. (i) Except as otherwise provided in this section and in applicable sections of parts 2 and 4 of this chapter, travel by oversand vehicles is permitted south of Assateague State Park, daily throughout the year at any time, on a designated oversand route bayward of the primary dune and on designated portions of a beach seaward of the primary dune.
(ii) Travel by motorcycles is permitted only on public highways and parking areas within the park area.
(iii)(A) Travel by self-contained vehicles is permitted under paragraph (b)(3)(i) of this section provided that no overnight parking is allowed on a beach seaward of the primary dunes at any time.
(B) South of Assateague State Park such vehicles may use designated self-contained areas bayward of the primary dunes for overnight parking. Except, That towed travel trailers may travel no farther south than the northern limits of the Big Fox Levels.
(iv) Travel by oversand vehicles, other than authorized emergency vehicles, is prohibited on the following portions of the park area subject, however, to existing rights of ingress and egress.
(A) Between the Assateague State Park and the Ocean City Inlet.
(B) On the beach seaward of the primary dune within designated portions of the North Beach public use complex.
(C) Provided, however, That the Superintendent may establish times when oversand vehicles may use a portion of the beach in a public use complex by posting appropriate signs or marking on a map available at the office of the Superintendent—or both.
(4) Rules of the road. (i) Oversand vehicles shall be operated only in established tracks on designated portions of the park area. No such vehicles shall be operated on any portion of a dune except at posted crossings nor shall such vehicles be driven so as to cut circles or otherwise needlessly deface the sand.
(ii) Oversand vehicles shall not be parked so as to interfere with the flow of traffic on designated oversand routes. Such vehicles may not park overnight on a beach seaward of the primary dune unless one member of the party is actively engaged in fishing at all times. Towed travel trailers used as self-contained vehicles in the off-road portion of the park area may not be parked on a beach seaward of the primary dunes.
(iii) Upon approaching or passing within 100 feet of a person on foot, the operator of an oversand vehicle shall reduce speed to 15 miles per hour. Speed at other times on any designated oversand route shall not exceed 25 miles per hour.
(iv) When two vehicles approach from opposite directions in the same track, both operators shall reduce speed; and the operator with the ocean on his right shall pull out of the track to allow the other vehicle to pass.
(v) Passengers shall not ride on the fenders, hood, roof, or tailgate, or in any other position outside of a moving oversand vehicle; and such vehicles shall not be used to tow a person on any recreational device over the sand or in the air or water of the park area.
(vi) During an emergency, the Superintendent may close the park; or he may suspend for such period as he shall deem advisable any or all of the foregoing regulations in the interest of public safety; and he may announce such closure or suspension by whatever means are available.
(c) Personal Watercraft. (1) Personal Watercraft (PWC) are allowed in Assateague Island National Seashore within the following locations and under the following conditions:
(i) Ocean City Inlet: PWC may operate, transit, launch in water or beach on land between the north shore of Assateague Island and the south margin of the established Ocean City Inlet channel, between Lighted Buoy #10 at approximate latitude 38.19.30N, longitude 75.05.30W and Lighted Buoy #11 at approximate latitude 38.19.16N, longitude 75.09.0W
(ii) Chincoteague Bay: PWC may operate, transit or launch in waters between the established Park boundary and the western shore of Assateague Island, from Assateague Point north to that portion of Horse Marsh located due east of the Memorial Park boat ramp on Chincoteague Island.
(iii) Oceanside: PWC are allowed to beach along the ocean side of the island only in the case of personal injury or mechanical failure.
(2) The Superintendent may temporarily limit, restrict or terminate access to the areas designated for PWC use after taking into consideration public health and safety, natural and cultural resource protection, and other management activities and objectives.
§ 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.
§ 7.67   Cape Cod National Seashore.
(a) Off-road operation of motor vehicles.
(1) What do I need to do to operate a vehicle off road? To operate a vehicle off road at Cape Cod National Seashore, you must meet the requirements in paragraphs (b) through (e) of this section. You also must obtain a special permit if you:
(i) Will use an oversand vehicle (see paragraphs (a)(6) and (a)(7) of this section for details);
(ii) Will use an oversand vehicle to camp (see paragraph (a)(8) of this section for details); or
(iii) Are a commercial operator (see paragraph (a)(9) of this section for details).
(2) Where and when can I operate my vehicle off road? You may operate a vehicle off road only under the conditions specified in the following table. However, the Superintendent may close any access or oversand route at any time for weather, impassable conditions due to changing beach conditions, or to protect resources.
(3) May I launch a boat from a designated route? Boat trailering and launching by a permitted vehicle from a designated open route corridor is permitted.
(4) What travel restrictions and special rules must I obey? You must comply with all applicable provisions of this chapter, including part 4, as well as the specific provisions of this section.
(i) On the beach, you must drive in a corridor extending from a point 10 feet seaward of the spring high tide drift line to the berm crest. You may drive below the berm crest only to pass a temporary cut in the beach, and you must regain the crest immediately following the cut. Delineator posts mark the landward side of the corridor in critical areas.
(ii) On an inland oversand route, you must drive only in a lane designated by pairs of delineator posts showing the sides of the route.
(iii) An oversand route is closed at any time that tides, nesting birds, or surface configuration prevent vehicle travel within the designated corridor.
(iv) When two vehicles meet on the beach, the operator of the vehicle with the water on the left must yield, except that self-contained vehicles always have the right of way.
(v) When two vehicles meet on a single-lane oversand route, the operator of the vehicle in the best position to yield must pull out of the track only so far as necessary to allow the other vehicle to pass safely, and then must back into the established track before resuming the original direction of travel.
(vi) If you make a rut or hole while freeing a stuck vehicle, you must fill the rut or hole before you remove the vehicle from the immediate area.
(5) What activities are prohibited? The following are prohibited:
(i) Driving off a designated oversand route.
(ii) Exceeding a speed of 15 miles per hour unless posted otherwise.
(iii) Parking a vehicle in an oversand route so as to obstruct traffic.
(iv) Riding on a fender, tailgate, roof, door or any other location on the outside of a vehicle.
(v) Driving a vehicle across a designated swimming beach at any time when it is posted with a sign prohibiting vehicles.
(vi) Operating a motorcycle on an oversand route.
(6) What special equipment must I have in my vehicle? You must have in your vehicle all the equipment required by the Superintendent, including:
(i) Shovel;
(ii) Tow rope, chain, cable or other similar towing device;
(iii) Jack;
(iv) Jack support board;
(v) Low air pressure tire gauge; and
(vi) Five tires that meet or exceed established standards.
(7) What requirements must I meet to operate an oversand vehicle? You may operate an oversand vehicle only if you first obtain an oversand permit from the Superintendent. The Superintendent administers the permit system for oversand vehicles and charges fees that are designed to recover NPS administrative costs.
(i) The oversand permit is a Special Use Permit issued under the authority of 36 CFR 1.6 and 4.10. You must provide the following information for each vehicle for which you request a permit:
(A) Name and address of registered owner;
(B) Driver's license number and State of issue;
(C) Vehicle license plate number and State of issue; and
(D) Vehicle description, including year, make, model and color; make, model and size of tires.
(ii) Before we issue a permit, you must:
(A) Demonstrate that your vehicle is equipped as required in paragraph (a)(6) of this section;
(B) Provide evidence that you have complied with all Federal and State licensing registering, inspecting and insurance regulations; and
(C) View an oversand vehicle operation educational program and ensure that all other potential operators view the same program.
(iii) The Superintendent will affix the permit to your vehicle at the time of issuance.
(iv) You must not transfer your oversand permit from one vehicle to another.
(8) What requirements must I meet to operate an oversand vehicle in the off season? To operate an oversand vehicle between November 16 and April 14, you must obtain from the Superintendent an oversand permit and a limited access pass. We will issue you a limited access pass if you have a valid oversand permit (see paragraph (a)(7) of this section) and if you have viewed an educational program that outlines the special aspects of off season oversand use.
(i) You may operate a vehicle during the off-season only on the portion of the beach between High Head and Hatches Harbor.
(ii) You must not operate a vehicle during the off-season within two hours either side of high tide.
(iii) We may issue a limited access pass for the following purposes:
(A) Access to town shellfish beds at Hatches Harbor;
(B) Recovery of personal property, flotsam and jetsam from the beach;
(C) Caretaker functions at a dune cottage; or
(D) Fishing.
(9) What requirements must I meet to use an oversand vehicle for camping? You may use an oversand vehicle to camp on the beach only in the manner authorized in this section or as authorized by the Superintendent through another approved permitting process.
(i) You must possess a valid permit issued under paragraph (a)(7) of this section.
(ii) You may camp only in a self-contained vehicle that you park in a designated area. A self-contained vehicle has a self-contained water or chemical toilet and a permanently installed holding tank with a minimum capacity of 3 days waste material. There are two designated areas with a maximum combined capacity of 100 vehicles.
(A) You must drive the self-contained vehicle off the beach to empty holding tanks at a dumping station at intervals of no more than 72 hours.
(B) Before returning to the beach, you must notify the Oversand Station as specified by the Superintendent.
(iii) You must not drive a self-contained vehicle outside the limits of a designated camping area except when entering or leaving the beach by the most direct authorized route.
(iv) You are limited to a maximum of 21 days camping on the beach from July 1 through Labor Day.
(10) What special requirements must I meet if I have a commercial vehicle? (i) To operate a passenger vehicle for hire on a designated oversand route, you must obtain a permit from the Superintendent. The Superintendent issues the permit under the authority of 36 CFR 1.6, 4.10 and 5.6.
(ii) You must obey all applicable regulations in this section and all applicable Federal, State and local regulations concerning vehicles for hire.
(iii) You must provide the following information for each vehicle that will use a designated oversand route:
(A) Name and address of tour company and name of company owner;
(B) Make and model of vehicle;
(C) Vehicle license plate number and State of issue; and
(D) Number of passenger seats.
(11) How will the Superintendent manage the off-road vehicle program? (i) The Superintendent will issue no more than a combined total of 3400 oversand permits annually, including self-contained permits.
(ii) The Superintendent will monitor the use and condition of the oversand routes to review the effects of vehicles on natural, cultural, and aesthetic resources in designated corridors. If the Superintendent finds that resource degradation or visitor impact is occurring, he/she may amend, rescind, limit the use of, or close designated routes. The Superintendent will do this consistent with 36 CFR 1.5 and 1.7 and all applicable Executive Orders;
(iii) The Superintendent will consult with the Cape Cod National Seashore Advisory Commission regarding management of the off-road vehicle program.
(iv) The Superintendent will recognize and use volunteers to provide education, inventorying, monitoring, field support, and other activities involving off-road vehicle use. The Superintendent will do this in accordance with 16 U.S.C. 18 g-j.
(v) The Superintendent will report annually to the Secretary of the Interior and to the public the results of the monitoring conducted under this section, subject to availability of funding.
(12) What are the penalties for violating the provisions of this section? Violation of a term or condition of an oversand permit issued in accordance with this section is prohibited. A violation may also result in the suspension or revocation of the permit.
(13) Has OMB approved the collection of information in this section? As required by 44 U.S.C. 3501 et seq., the Office of Management and Budget has approved the information collection requirement contained in this section. The OMB approval number is 1024-0026. We are collecting this information to allow the Superintendent to issue off-road vehicle permits. You must provide the information in order to obtain a permit.
(b) Aircraft. (1) Land based aircraft may be landed only at the Provincetown Airport approximately one-half mile south of Race Point Beach in the Provincelands area.
(2) Float equipped aircraft may be landed only on federally controlled coastal water in accordance with Federal, State, and local laws and regulations.
(c) Motorboats. Motorboats are prohibited from all federally owned ponds and lakes within the seashore in Truro and Provincetown.
(d) Shellfishing. Shellfishing, by permit from the appropriate town, is permitted in accordance with applicable Federal, State, and local laws.
(e) Public nudity. Public nudity, including public nude bathing, by any person on Federal land or water within the boundaries of Cape Cod National Seashore is prohibited. Public nudity is a person's intentional failure to cover with a fully opaque covering that person's own genitals, pubic areas, rectal area, or female breast below a point immediately above the top of the areola when in a public place. Public place is any area of Federal land or water within the Seashore, except the enclosed portions of bathhouses, restrooms, public showers, or other public structures designed for similar purposes or private structures permitted within the Seashore, such as trailers or tents. This regulation shall not apply to a person under 10 years of age.
(f) Hunting. (1) Hunting is allowed at times and locations designated by the Superintendent as open to hunting.
(2) Except as otherwise provided in this section, hunting is permitted in accordance with § 2.2 of this chapter.
(3) Only deer, upland game (including Eastern Wild Turkey), and migratory waterfowl may be hunted.
(4) Hunting is prohibited from March 1st through August 31st each year, except for the taking of Eastern Wild Turkey as designated by the Superintendent.
(5) The Superintendent may:
(i) Require permits and establish conditions for hunting; and
(ii) Limit, restrict, or terminate hunting access or activities after taking into consideration public health and safety, natural and cultural resource protection, and other management activities and objectives.
(6) The public will be notified of such limitations, restrictions, closures, or other hunting related designations through one or more methods listed in § 1.7(a) of this chapter.
(7) Violating a closure, designation, use or activity restriction or a term or condition of a permit is prohibited. Violating a term or condition of a permit may result in the suspension or revocation of the permit by the Superintendent.
§ 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.
§ 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.
§ 7.70   Glen Canyon National Recreation Area.
(a) Designated airstrips. (1) Wahweap, latitude 36°59′45″ N., longitude 111°30′45″ W.
(2) Bullfrog, latitude 37°33′00″ N., longitude 110°42′45″ W.
(3) Halls Crossing, latitude 37°28′10″ N., longitude 110°42′00″ W.
(4) Hite, latitude 37°53′30″ N., longitude 110°23′00″ W.
(5) Gordon Flats, latitude 38°10′30″ N., longitude 110°09′00″ W.
(6) The entire surface of Lake Powell, subject to the restrictions contained in § 2.17 of this chapter.
(b) Unattended property. Vehicles or boat trailers, or vehicle/boat trailer combinations, may be left unattended for periods of up to 14 days, when parked in parking areas adjacent to designated boat launching sites, without the prior permission of the Superintendent. Any vehicle or boat trailer or vehicle/boat trailer combination which is left in parking areas adjacent to designated boat launching sites for over 14 days may be impounded by the Superintendent.
(c) Colorado River white-water boat trips. The following regulations shall apply to all persons using the waters of, or Federally owned land administered by the National Park Service along the Colorado River within Glen Canyon National Recreation Area, from the Lees Ferry launch ramp downstream to the eastern boundary of Grand Canyon National Park:
(1) No person shall operate a vessel engaging in predominantly upstream travel or having a total horsepower in excess of 55 without a permit from the Superintendent.
(2) U.S. Coast Guard approved life preservers shall be worn by every person while traveling in boats or rafts on this section of the river, or while lining or portaging near rough water. One extra preserver must be carried on each vessel for each ten (10) passengers.
(3) No person shall conduct, lead or guide a river trip through Glen Canyon Recreation Area unless such person possesses a permit issued by the Superintendent of Grand Canyon National Park. The National Park Service reserves the right to limit the number of such permits issued, or the number of persons traveling on trips authorized by such permits when in the opinion of the National Park Service such limitations are necessary in the interest of public safety or protection of the ecological and environmental values of the area.
(i) The Superintendent of Grand Canyon National Park shall issue a permit upon a determination that the person leading, guiding, or conducting a river trip is experienced in running rivers in white-water navigation of similar difficulty, and possesses appropriate equipment, which is identified in the terms and conditions of the permit.
(ii) No person shall conduct, lead, guide, or outfit a commercial river trip without first securing the above permit and possessing an additional permit authorizing the conduct of a commercial or business activity in the recreation area.
(iii) An operation is commercial if any fee, charge, or other compensation is collected for conducting, leading, guiding, or outfitting a river trip. A river trip is not commercial if there is a bona fide sharing of actual expenses.
(4) All human waste will be taken out of the Canyon and deposited in established receptacles, or will be disposed of by such means as is determined by the Superintendent.
(5) No person shall take a dog, cat, or other pet on a river trip.
(6) The kindling of a fire is permitted only on beaches. All fires must be completely extinguished only with water before abandoning the area.
(7) Swimming and bathing are permitted except in locations immediately above rapids, eddies, and riffles or near rough water.
(8) No camping is allowed along the Colorado River bank between the Lees Ferry launch ramp and the Navajo Bridge.
(9) All persons issued a river trip permit shall comply with all terms and conditions of the permit.
(d) Assembly and launching of river rafts and boats. The following regulations shall apply to all persons designated under paragraph (e) of this section (Colorado white-water trips):
(1) The assembly and launching of rafts or boats, and parking or storing of any related equipment or supplies is restricted to those areas designated by the Superintendent.
(2) Within such designated areas, the Superintendent may assign or limit space and designate time periods of operation for each individual river trip or operator.
(e) PWC. (1) A person may launch and operate a PWC in park waters or beach a PWC on park lands, except in the following areas:
(i) On the Colorado River between Glen Canyon Dam and the downstream river boundary of Glen Canyon National Recreation Area where it adjoins Grand Canyon National Park.
(ii) On the Colorado River upstream of Sheep Canyon.
(iii) On the San Juan River upstream of Clay Hills pullout.
(iv) On the Escalante River upstream of Coyote Creek.
(v) On the Dirty Devil River upstream of Utah Highway 95 bridge.
(2) A person may not operate a PWC at speed in excess of flat wake speed on the Escalante River from Cow Canyon to Coyote Creek.
(3) After December 31, 2012, no one may operate a PWC that does not meet the 2006 emission standards set by EPA for the manufacturing of two-stroke engines. A person operating a PWC that meets the EPA 2006 emission standards through the use of direct injection two-stroke or four-stroke engines, or the equivalent thereof, is not subject to this prohibition and will be allowed to operate as described in this section.
(4) The Superintendent may temporarily limit, restrict or terminate access to the areas designated for PWC use after taking into consideration public health and safety, natural and cultural resource protection, and other management activities and objectives.
(f) Motor vehicle use. Operating a motor vehicle is allowed within the boundaries of Glen Canyon National Recreation Area under the conditions in this paragraph (f).
(1) What terms do I need to know? In addition to the definitions found in § 1.4 of this chapter, the following definitions apply to this paragraph (f) only:
Conventional motor vehicle means any motor vehicle that is designed primarily for operation on streets and highways, and that is licensed and registered for interstate travel. Automobiles, vans, highway motorcycles (including dual-sports motorcycles licensed for use on a highway), sport utility vehicles (SUVs), recreational vehicles (RVs), pickup trucks, and buses are examples of conventional motor vehicles.
GMP road means a paved or unpaved park road that is identified in the Glen Canyon 1979 General Management Plan as open to motor vehicle travel. There are no park roads within the recreation area other than GMP roads.
Off-highway vehicle (OHV) means any motor vehicle designed primarily for off-road travel that is not licensed and registered for interstate travel. ATVs (excluding street legal ATVs, as defined below), dirt bikes, sand rails, side-by-sides, and dune buggies are examples of OHVs.
Orange Cliffs Special Management Unit means the area identified as the Orange Cliffs Special Management Unit in the Canyonlands National Park and Orange Cliffs Unit of Glen Canyon National Recreation Area Backcountry Management Plan (NPS 1995).
Street-legal all-terrain vehicle (ATV) means an ATV that qualifies under Arizona or Utah motor vehicle and traffic code to be operated on state roads and highways.
(2) Off-road motor vehicle permit requirement. (i) The provisions in this paragraph (f)(2) are effective beginning on May 17, 2021.
(ii) A special use permit issued and administered by the superintendent is required to operate a motor vehicle off GMP roads at designated locations in the recreation area. Operating a motor vehicle off GMP roads in the recreation area without a permit is prohibited except for designated ORV routes that do not require a permit as indicated in Table 1 to paragraph (f)(3)(ii).
(iii) Annual permits are valid for one calendar year from the day they are issued. Shorter-term permits are valid from the day issued for the stated duration of the permit.
(iv) A permit applicant must acknowledge that he or she understands and agrees to abide by the rules governing off-road vehicle use in the recreation area.
(v) Each motor vehicle permitted to operate off GMP roads must display an NPS decal issued by the superintendent and affixed to the vehicle in a manner and location specified by the superintendent.
(vi) Permits may be requested at recreation area headquarters, recreation area visitor centers, on the recreation area's website, or at other locations designated by the superintendent.
(vii) Violating any term, condition, or requirement of an off-road vehicle permit is prohibited and may result in the suspension or revocation of the permit and the denial of future permits, in addition to the penalties provided by § 1.3 of this chapter.
(3) Designated off-road motor vehicle locations. (i) The operation of a motor vehicle off GMP roads within the recreation area is prohibited except at the locations designated by this paragraph (f). Designated locations and vehicle-free zones are identified on maps available at the recreation area headquarters, visitor contact stations, and on the recreation area's website.
(ii) Motor vehicles may be used off GMP roads at the locations and subject to the management prescriptions in the table below, except for vehicle-free zones where off-road vehicle use is prohibited. Permit requirements in Table 1 to paragraph (f)(3)(ii) are effective beginning on May 17, 2021.
Table 1 to Paragraph (f)(3)(ii)
(4) On-road motor vehicle use. (i) The operation of a motor vehicle on GMP roads is prohibited except as set forth in Table 2 to paragraph (f)(4)(i):
Table 2 to Paragraph (f)(4)(i)
(ii) The Superintendent may determine whether street-legal ATVs or OHVs are allowed on a 15-20 mile section of an unpaved GMP road known as the upper portion of the Flint Trail within the Orange Cliffs Special Management Unit pursuant to paragraph (f)(6) of this section. Except on the portion of the Poison Spring Loop identified in Table 2 to paragraph (f)(4)(i) and as may be allowed by the Superintendent on the upper portion of the Flint Trail, street-legal ATVs and OHVs are prohibited on unpaved GMP roads in the Orange Cliffs Special Management Unit.
(5) Motor vehicle and operator requirements. (i) Motor vehicles must be equipped at all times with noise-suppression devices, including an exhaust muffler in good working order and in constant operation. Operating a motor vehicle that emits more than 96 decibels of sound (using the SAE J1287 test standard) is prohibited. Creating or sustaining unreasonable noise considering the nature and purpose of the actor's conduct, impact on park users, location, and other factors that would govern the conduct of a reasonably prudent person is prohibited.
(ii) All motor vehicles operating in Lone Rock Beach Play Area must be equipped with a solid red or orange safety flag that is a minimum of six by 12 inches in size and that is attached to the vehicle so that the safety flag is at least eight feet above the surface of the level ground, or attached to the protective headgear of a person operating a motorcycle or dirt bike so that the safety flag is at least 18 inches above the top of the person's headgear. Operating a motor vehicle without a safety flag at Lone Rock Beach Play Area is prohibited.
(iii) Operating a motor vehicle in excess of 15 mph (unless otherwise posted) at the following off-road motor vehicle locations—Lone Rock Beach, Blue Notch, Bullfrog North and South, Copper Canyon, Crosby Canyon, Dirty Devil, Farley Canyon, Hite Boat Ramp, Neskahi, Nokai Canyon, Paiute Canyon, Paiute Farms, Red Canyon, Stanton Creek, and White Canyon—is prohibited.
(iv) Operating a motor vehicle in excess of 25 mph (unless otherwise posted) on unpaved GMP roads and on off-road motor vehicle routes in Ferry Swale, Middle Moody Canyon Trailhead, East Gypsum Canyon Overlook, Imperial Valley, and Gunsight Springs Trailhead is prohibited.
(v) Operating a motor vehicle within a designated off-road motor vehicle area during quiet hours with the exception of entering and exiting a campsite is prohibited.
(vi) Operating a generator or audio device, such as a radio, deck or compact disc player, within a designated off-road motor vehicle area during quiet hours is prohibited. During the hours of permitted operation, generators must be adequately muffled and not create excessive noise as defined in 36 CFR 2.12(a)(1).
(vii) Operating a motor vehicle within a posted “vehicle-free” zone is prohibited.
(viii) Operating an OHV under the age of 18 without a helmet is prohibited.
(6) Superintendent's authority. (i) The superintendent may close or reopen designated areas or routes to motor vehicle use, or impose conditions or restrictions on the use of off-road motor vehicles after taking into consideration public health and safety, natural and cultural resource protection, lake levels, and other management activities and objectives.
(ii) The superintendent will provide public notice of all such actions through one or more of the methods listed in § 1.7 of this chapter.
(iii) Violating any such closure, condition, or restriction is prohibited.
(iv) The superintendent may suspend or revoke an existing permit, and may deny future applications for an off-road motor vehicle permit, based upon violations of any such closure, condition, or restriction.
§ 7.71   Delaware Water Gap National Recreation Area.
(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.
(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) Commercial vehicles. Notwithstanding the prohibition of commercial vehicles set forth in § 5.6 of this chapter, commercial vehicles are authorized to use the portions of U.S. Highway 209 located within the Delaware Water Gap National Recreation Area in accordance with applicable law. The Superintendent will provide notice to the public about rules related to commercial vehicles, including the requirements of a fee and permit program, using the methods set forth in § 1.7 of this chapter.
(d) Fishing. Unless otherwise designated, fishing in any manner authorized under applicable State law is allowed.
§ 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.
§ 7.73   Buck Island Reef National Monument.
(a) Extractive uses. All extractive uses are prohibited within the boundaries of the Monument, including but not limited to harvest or collection (on the land or in the water) of fish for any use, marine mammals, coastal migratory pelagic fish, baitfish, lobsters, conch, whelk, hermit crabs (soldier crabs), seashells, corals, dead coral, sea fans, sponges and all associated reef invertebrates, plants, fruits and seeds, firewood, driftwood, rocks, sand, gas, oil, and minerals.
(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 operate in such a manner, nor shall anchors or any other mooring device be cast or dragged or placed, so as to strike or otherwise cause damage to any underwater features.
(2) Anchoring or maneuvering watercraft within the waters that contain underwater marked swimming trails and interpretive signs is prohibited.
(3) Anchoring is prohibited except by permit issued by the Superintendent for deep sand bottom areas or for administrative purposes.
(4) Anchoring will be allowed in emergency situations only to protect life and property.
(5) 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) All forms of fishing are prohibited including, but not limited to, spearfishing, rod and reel, hand-line, nets, gill or trammel, traps or pots, snares, hooks, poison, cast nets, trawl, seine, and long-line.
(2) The use or possession of any type of fishing equipment or any of the items listed in paragraph (a) of this section is prohibited within the boundaries of the Monument.
§ 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.
§ 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 § 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.
(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 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.
§ 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.
§ 7.77   Mount Rushmore National Memorial.
(a) Climbing Mount Rushmore is prohibited.
§ 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.
§ 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) Personal Watercraft (PWC). (1) PWCs are allowed within Amistad National Recreation Area with the following exceptions:
(i) The following areas are closed to PWC use:
(A) Hidden Cave Cove (where marked by buoys), located on the Rio Grande.
(B) Painted Canyon (where marked by buoys), located on the Rio Grande.
(C) Seminole Canyon, starting 0.5 miles from the mouth of the Rio Grande.
(D) Government coves at Diablo East and Rough Canyon to include the water and shoreline to the top of the ridge/property line.
(E) All terrestrial cave and karst features.
(F) The Lower Rio Grande area below Amistad Dam.
(G) The water area extending 1000 feet out from the concrete portion of Amistad Dam.
(ii) PWC are prohibited from landing on any island posted as closed.
(2) The Superintendent may temporarily limit, restrict or terminate access to the areas designated for PWC use after taking into consideration public health and safety, natural and cultural resource protection, and other management activities and objectives.
§ 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.
(b) Fishing. Unless otherwise designated, fishing in a manner authorized under applicable State law is allowed.
(c) Bicycling. (1) The Sleeping Bear Heritage Trail, approximately 27 miles in length from the southern Leelanau County line at Manning Road to County Road 651 at Good Harbor Beach, is designated as a route for bicycle use.
(2) The Superintendent may open or close designated routes, or portions thereof, or impose conditions or restrictions for bicycle use after taking into consideration public health and safety, natural and cultural resource protection, and other management activities and objectives. (i) The Superintendent will provide public notice of all such actions through one or more of the methods listed in § 1.7 of this chapter.
(ii) Violating a closure, condition, or restriction is prohibited.
§ 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.
§ 7.82   Apostle Islands National Lakeshore.
(a) Fishing. Unless otherwise designated, fishing in a manner authorized under applicable State law is allowed.
(b) Snowmobiles. (1) Snowmobiles may be operated for authorized purposes in the following designated areas within the Lakeshore:
(i) The frozen surface of Lake Superior that surrounds every island from the shoreline out to the authorized boundary;
(ii) The frozen surface of Lake Superior from Sand Point to the mainland unit's eastern boundary;
(iii) The 1/4 mile section of the Big Sand Bay Road that passes through the park mainland unit to non-NPS property.
(2) Snowmobile use is authorized solely for the purpose of providing access for legal forms of:
(i) Ice fishing;
(ii) Hunting and trapping;
(iii) Winter camping;
(iv) Other non-motorized recreational activities; and
(v) Access to non-NPS property by owners, and to NPS properties by “use and occupancy” lessees and their guests.
(3) Snowmobiles may be used for administrative, law enforcement, and emergency services as determined by the Superintendent.
(4) Snowmobile use in areas and for purposes other than those stated in paragraphs (b)(1) and (b)(2) of this section is prohibited.
(5) Maps showing designated use areas are available at park headquarters.
(c) Off-road vehicles. (1) Off-road motor vehicles may be operated for authorized purposes in the following designated areas within the Lakeshore:
(i) The frozen surface of Lake Superior that surrounds every island from the shoreline out to the authorized boundary; and
(ii) The frozen surface of Lake Superior from Sand Point to the mainland unit's eastern boundary.
(2) Off-road motor vehicle use is authorized solely for the purpose of providing access for legal forms of:
(i) Ice fishing;
(ii) Hunting and trapping;
(iii) Winter camping;
(iv) Other non-motorized recreational activities; and
(v) Access to non-NPS property by owners, and to NPS properties by “use and occupancy” lessees and their guests.
(3) Off-road motor vehicles may be used for administrative, law enforcement, and emergency services as determined by the Superintendent.
(4) Off-road motor vehicle use in areas and for purposes other than those stated in paragraphs (c)(1) and (c)(2) is prohibited.
(5) Maps showing designated use areas are available at park headquarters.
(d) Ice augers and power engines. (1) Ice auger means a portable gasoline or electric powered engine connected to a rotating helical shaft for boring through the frozen surface of a lake.
(2) Power engine means a mobile gasoline or electric powered engine or device that is connected to a rotating saw blade or teeth linked in an endless chain for cutting through the frozen ice surface of a lake.
(3) Notwithstanding the requirements of 36 CFR 2.12(a)(3), operation of an ice auger or power engine is authorized on designated portions of Lake Superior for the specific purpose of cutting through the ice surface to provide access for legal ice fishing activity.
(4) Areas designated for use of an ice auger or power engine include:
(i) The frozen surface of Lake Superior that surrounds every island from the shoreline out to the authorized boundary; and
(ii) The frozen surface of Lake Superior from Sand Point to the mainland unit's eastern boundary.
(5) Maps showing designated use areas are available at park headquarters.
(6) Use of an ice auger or power engine on any land surface or frozen water surface outside of designated use areas is prohibited without a permit.
§ 7.83   Ozark National Scenic Riverways.
(a) Definitions. The following definitions apply to this section only:
Inboard motor means a marine propulsion system that is enclosed within the hull of the vessel.
Maximum horsepower means the maximum horsepower produced by the engine's powerhead. This measurement may be different than the maximum horsepower at the final output or the maximum horsepower rated by the manufacturer.
Off-peak season means anytime that is not during peak season.
Outboard motor means a marine propulsion system that is mounted on the exterior of the vessel's hull.
Peak season means a period of time:
(i) Beginning on the day after the last day of the statewide spring trapping season on public lands, as determined by the Missouri Department of Conservation; and
(ii) Ending on the day before the first day of gigging season for nongame fish, as determined by the Missouri Department of Conservation.
(b) Restrictions for motorized vessels. (1) The following actions are prohibited on waters situated within the boundaries of Ozark National Scenic Riverways:
(i) Operating a motorized vessel with more than one outboard motor, not including an electric trolling motor.
(ii) Operating a motorized vessel with an inboard motor.
(iii) Operating a personal watercraft.
(2) The use of a motorized vessel is allowed on the Current River according to the seasonal restrictions and maximum horsepower limits set forth in table 1 to paragraph (b)(2).
Table 1 to Paragraph ( b )(2)
(3) The use of a motorized vessel is allowed on the Jacks Fork River according to the seasonal restrictions and maximum horsepower limits set forth in table 2 to paragraph (b)(3).
Table 2 to Paragraph ( b )(3)
(4) The maximum horsepower limits in this section may be exceeded pursuant to a written permit issued by the Superintendent.
(5) Maps indicating the horsepower limits in the various sections of the rivers are located at park headquarters in Van Buren, MO, and on the Ozark National Scenic Riverways website. Signs at designated access points will have information about horsepower limits and seasonal closures in the upper, middle, and lower sections of river. The Superintendent will notify the public of the designated access points in accordance with § 1.7 of this chapter.
(6) Operating a motorized vessel in a manner not allowed by this paragraph (b) is prohibited.
(7) The Superintendent may restrict or impose conditions on the use of motorized vessels, or close any portion of the Riverways to motorized vessels, after taking into consideration public safety, protection or park resources, weather conditions and park management objectives. The Superintendent will provide notice of any such action in accordance with § 1.7 of this chapter. A violation of any such restriction, condition, or closure is prohibited.
(c) 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]
(d) 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 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.
(e) 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.
(f) 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.
§ 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°21′-34°01′ and west end of island, 119°27′-34°01′.
(ii) Santa Barbara Island. Eastside to exterior boundary of monument 119°02′-33°28′ and 119°02′-33°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.
§ 7.85   Big Thicket National Preserve.
(a) Hunting. Except as otherwise provided in this section, hunting is permitted in accordance with § 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. 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 § 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, § 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 § 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.