53 Part 7—Special Regulations, Areas of The

National Park Service, Interior Pt. 7

PART 7—SPECIAL REGULATIONS, 7.53 Black Canyon of the Gunnison National Monument. AREAS OF THE NATIONAL PARK 7.54 Theodore Roosevelt National Park. SYSTEM 7.55 Lake Roosevelt National Recreation Area. Sec. 7.56 Acadia National Park. 7.1 Colonial National Historical Park. 7.57 Lake Meredith National Recreation 7.2 Crater Lake National Park. Area. 7.3 Glacier National Park. 7.58 Cape Hatteras National Seashore. 7.4 Grand Canyon National Park. 7.59 Grand Portage National Monument. 7.5 Mount Rainier National Park. 7.60 Herbert Hoover National Historic Site. 7.6 Muir Woods National Monument. 7.61 Fort Caroline National Memorial. 7.7 Rocky Mountain National Park. 7.62 Lake Chelan National Recreation Area. 7.8 Sequoia and Kings Canyon National 7.63 Dinosaur National Monument. Parks. 7.64 Petersburg National Battlefield. 7.9 St. Croix National Scenic Rivers. 7.65 Assateague Island National Seashore. 7.10 Zion National Park. 7.66 North Cascades National Park. 7.67 Cape Cod National Seashore. 7.11 Saguaro National Park. 7.68 Russell Cave National Monument. 7.12 Gulf Islands National Seashore. 7.69 Ross Lake National Recreation Area. 7.13 Yellowstone National Park. 7.70 Glen Canyon National Recreation Area. 7.14 Great Smoky Mountains National 7.71 Delaware Water Gap National Recre- Park. ation Area. 7.15 Shenandoah National Park. 7.72 Arkansas Post National Memorial. 7.16 Yosemite National Park. 7.73 Buck Island Reef National Monument. 7.17 Cuyahoga Valley National Recreation 7.74 Virgin Islands National Park. Area. 7.75 Padre Island National Seashore. 7.18 Hot Springs National Park. 7.76 Wright Brothers National Memorial. 7.19 Canyon de Chelly National Monument. 7.77 Mount Rushmore National Memorial. 7.20 Fire Island National Seashore. 7.78 Harpers Ferry National Historical 7.21 John D. Rockefeller, Jr. Memorial Park. Parkway. 7.79 Amistad Recreation Area. 7.22 Grand Teton National Park. 7.80 Sleeping Bear Dunes National Lake- 7.23 Badlands National Park. shore. 7.24 Upper Delaware Scenic and Rec- 7.81 Point Reyes National Seashore. reational River. 7.82 Apostle Islands National Lakeshore. 7.25 Hawaii Volcanoes National Park. 7.83 Ozark National Scenic Riverways. 7.26 Death Valley National Monument. 7.84 Channel Islands National Park. 7.27 Dry Tortugas National Park. 7.85 Big Thicket National Preserve. 7.28 Olympic National Park. 7.86 Big Cypress National Preserve. 7.29 Gateway National Recreation Area. 7.87 Kaloko-Honokohau National Historical 7.30 Devils Tower National Monument. Park. 7.31 Perry’s Victory and International 7.88 Indiana Dunes National Lakeshore. Peace Memorial. 7.89 New River Gorge National River. 7.32 Pictured Rocks National Lakeshore. 7.90 [Reserved] 7.33 Voyageurs National Park. 7.91 Whiskeytown Unit, Whiskeytown-Shas- 7.34 Blue Ridge Parkway. ta-Trinity National Recreation Area. 7.35 Buffalo National River. 7.92 Bighorn Canyon National Recreation 7.36 Mammoth Cave National Park. Area. 7.37 Jean Lafitte National Historical Park. 7.93 Guadalupe Mountains National Park. 7.38 Isle Royale National Park. 7.94 Harry S Truman National Historic 7.39 Mesa Verde National Park. Site. 7.40 Hopewell Village National Historic 7.95 [Reserved] Site. 7.96 National Capital Region. 7.41 Big Bend National Park. 7.97 Golden Gate National Recreation Area. 7.42 Pipestone National Monument. 7.100 Appalachian National Scenic Trail. 7.43 Natchez Trace Parkway. 7.44 Canyonlands National Park. AUTHORITY: 16 U.S.C. 1, 3, 9a, 462(k); Sec. 7.45 Everglades National Park. 7.96 also issued under DC Code 10–137 (2001) 7.46 Virgin Islands Coral Reef National and DC Code 50–2201 (2001). Monument. 7.47 Carlsbad Caverns National Park. ALPHABETICAL LISTING 7.48 Lake Mead National Recreation Area. 7.49 Cape Lookout National Seashore. Name Section 7.50 Chickasaw Recreation Area. Acadia National Park, Maine ...... 7.56 7.51 Curecanti Recreation Area. Amistad Recreation Area, Tex ...... 7.79 7.52 Cedar Breaks National Monument. Apostle Islands National Lakeshore, Wis ...... 7.82

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ALPHABETICAL LISTING—Continued ALPHABETICAL LISTING—Continued

Name Section Name Section

Appalachian National Scenic Trail ...... 7.100 Petersburg National Battlefield, VA ...... 7.64 Arkansas Post National Memorial, Ark ...... 7.72 Pipestone National Monument, Minn ...... 7.42 Assateague Island National Seashore, Md.–Va ...... 7.65 Pictured Rocks National Lakeshore, Mich ...... 7.32 Badlands National Park, SD ...... 7.23 Big Bend National Park, Tex ...... 7.41 Point Reyes National Seashore, Calif ...... 7.81 Big Cypress National Preserve, Fla ...... 7.86 Rockefeller, Jr., John D., Memorial Parkway, Wyo .. 7.21 Big Thicket National Preserve, Tex ...... 7.85 Rocky Mountain National Park, Colo ...... 7.7 Bighorn Canyon National Recreation Area, Mont.– Ross Lake National Recreation Area, Wash ...... 7.69 Wyo ...... 7.92 Russell Cave National Monument, Ala ...... 7.68 Black Canyon of the Gunnison National Monument, Saguaro National Park, AZ ...... 7.11 Colo ...... 7.53 Sequoia-Kings Canyon National Parks, Calif ...... 7.8 Blue Ridge Parkway, Va.-N.C ...... 7.34 Buck Island Reef National Monument, Virgin Islands 7.73 Shenandoah National Park, Va ...... 7.15 Buffalo National River, Ark ...... 7.35 Sleeping Bear Dunes National Lakeshore, Mich ...... 7.80 Canyon de Chelly National Monument, Ariz ...... 7.19 St. Croix National Scenic Rivers, Wis ...... 7.9 Canyonlands National Park, Utah ...... 7.44 Theodore Roosevelt National Park, N. Dak ...... 7.54 Cape Cod National Seashore, Mass ...... 7.67 Truman, Harry S., National Historic Site ...... 7.94 Cape Hatteras National Seashore, N.C ...... 7.58 Upper Delaware Scenic and Recreational River, Cape Lookout National Seashore, NC ...... 7.49 Pa.–N.Y ...... 7.24 Carlsbad Caverns National Park, N. Mex ...... 7.47 Virgin Islands Coral Reef National Monument ...... 7.46 Cedar Breaks National Monument, Utah ...... 7.52 Channel Islands National Park, Calif ...... 7.84 Virgin Islands National Park, Virgin Islands ...... 7.74 Chickasaw Recreation Area, Okla ...... 7.50 Voyageurs National Park, Minn ...... 7.33 Colonial National Historical Park, Va ...... 7.1 Whiskeytown Unit, Whiskeytown-Shasta-Trinity Na- Lake Roosevelt National Recreation Area, Wash ..... 7.55 tional Recreation Area, Calif ...... 7.91 Crater Lake National Park, Oreg ...... 7.2 Wright Brothers National Memorial, N.C ...... 7.76 Curecanti Recreation Area, Colo ...... 7.51 Yellowstone National Park, Wyo.-Mont.-Idaho ...... 7.13 Cuyahoga Valley National Recreation Area, Ohio .... 7.17 Yosemite National Park, Calif ...... 7.16 Death Valley National Monument, Calif ...... 7.26 Zion National Park, Utah ...... 7.10 Delaware Water Gap National Recreation Area, N.J.–Pa ...... 7.71 Devil’s Tower National Monument, Wyo ...... 7.30 [32 FR 6932, May 5, 1967; 32 FR 7333, May 17, Dinosaur National Monument, Utah-Colo ...... 7.63 Dry Tortugas National Park, Fla ...... 7.27 1967, as amended at 32 FR 21037, Dec. 30, 1967] Everglades National Park, Fla ...... 7.45 Fire Island National Seashore, N.Y ...... 7.20 EDITORIAL NOTE: The Alphabetical Listing Fort Caroline National Memorial, Fla ...... 7.61 is updated annually by the Office of the Fed- Gateway National Recreation Area, N.Y.–N.J ...... 7.29 eral Register. Glacier National Park, Mont ...... 7.3 Glen Canyon National Recreation Area, Utah-Ariz ... 7.70 § 7.1 Colonial National Historical Park. Golden Gate National Recreation Area, Calif ...... 7.97 Grand Canyon National Park, Ariz ...... 7.4 (a) Boating. Except in emergencies, Grand Portage National Monument, Minn ...... 7.59 Grand Teton National Park, Wyo ...... 7.22 no privately owned vessel shall be Great Smoky Mountains National Park, N.C.-Tenn .. 7.14 launched from land within Colonial Na- Guadalupe Mountains National Park, Tex ...... 7.93 tional Historical Park and no privately Gulf Islands National Seashore, Fla.–Miss ...... 7.12 owned vessel shall be beached or landed Harpers Ferry National Historical Park, Md.–W.V .... 7.78 Hawaii Volcanoes National Park, Hawaii ...... 7.25 on land within said Park. Herbert Hoover National Historic Site, Iowa ...... 7.60 (b) Commercial passenger—carrying Hopewell Village National Historic Site, Pa ...... 7.40 Hot Springs National Park, Ark ...... 7.18 motor vehicles. Permits shall be re- Indiana Dunes National Lakeshore, Ind ...... 7.88 quired for the operation of commercial Isle Royale National Park, Mich ...... 7.38 passenger-carrying vehicles, including Jean Lafitte National Historical Park, La ...... 7.37 taxi-cabs, carrying passengers for hire Kaloko-Honokohau National Historical Park, Hawaii 7.87 Lake Chelan National Recreation Area, Wash ...... 7.62 on any portion of the Colonial Park- Lake Mead National Recreation Area, Ariz.-Nev ...... 7.48 way. The fees for such permits shall be Lake Meredith National Recreation Area, Tex ...... 7.57 as follows: Mammoth Cave National Park, Ky ...... 7.36 Mesa Verde National Park, Colo ...... 7.39 (1) Annual permit for the calendar Mount Rainier National Park, Wash ...... 7.5 year: $3.50 for each passenger-carrying Mount Rushmore National Memorial, S. Dak ...... 7.77 Muir Woods National Monument, Calif ...... 7.6 seat in the vehicle to be operated. Natchez Trace Parkway, Miss.-Tenn.-Ala ...... 7.43 (2) Quarterly permit for a period be- National Capital Region, D.C. area ...... 7.96 ginning January 1, April 1, July 1, or New River Gorge National River, WV ...... 7.89 North Cascades National Park, Wash ...... 7.66 October 1: $1 for each passenger-car- Olympic National Park, Wash ...... 7.28 rying seat in the vehicle to be oper- Ozark National Scenic Riverways, Mo ...... 7.83 ated. Padre Island National Seashore, Tex ...... 7.75 Perry’s Victory and International Peace Memorial, (3) Permit good for one day, 5-pas- Ohio ...... 7.31 senger vehicle: $1.

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(4) Permit good for one day, more first been obtained from the Super- than 5-passenger vehicle: $3. intendent. (2) The Superintendent will issue a [32 FR 16213, Nov. 28, 1967, as amended at 48 FR 30293, June 30, 1983] permit only after an inspection of the premises and a determination that the § 7.2 Crater Lake National Park. premises comply with the substantive requirements of State and county (a) Fishing. Fishing in Crater Lake health and sanitary laws and ordi- and park streams is permitted from nances and rules and regulations pro- May 20 through October 31. mulgated pursuant thereto which (b) Boating. No private vessel or would apply to the premises if the pri- motor may be used on the waters of the vately owned lands were not subject to park. the jurisdiction of the United States. (c) Snowmobiles. Snowmobile use is (3) No fee will be charged for the permitted in Crater Lake National issuance of such a permit. Park on the North Entrance Road from (4) The Superintendent or his duly its intersection with the Rim Drive to authorized representative shall have the park boundary, and on intermit- the right of inspection at all reason- tent routes detouring from the North able times for the purpose of Entrance Road as designated by the ascertaining that the premises are Superintendent and marked with snow being maintained and operated in com- poles and signs. Except for such des- pliance with State and county health ignated detours marked with snow laws and ordinances and rules and reg- poles and signs, only that portion of ulations promulgated pursuant there- the North Entrance Road intended for to. wheeled vehicle use may be used by (5) Failure of the permittee to com- snowmobiles. Such roadway is avail- ply with all State and county sub- able for snowmobile use only when the stantive laws and ordinances, and rules designated roadway is closed to all and regulations promulgated pursuant wheeled vehicles used by the public. thereto applicable to the establishment [34 FR 9751, June 24, 1969, as amended at 41 for which a permit is issued, or failure FR 33263, Aug. 9, 1976] to comply with any Federal law or any regulation promulgated by the Sec- § 7.3 Glacier National Park. retary of the Interior for governing the (a) Fishing. (1) Fishing regulations, park, or with the conditions imposed based on management objectives de- by the permit, will be grounds for rev- scribed in the park’s Resource Manage- ocation of the permit. ment Plan, are established annually by (6) The applicant or permittee may the Superintendent. appeal to the Regional Director, Na- (2) The Superintendent may impose tional Park Service, from any final ac- closures and establish conditions or re- tion of the Superintendent, refusing, strictions, in accordance with the cri- conditioning, or revoking a permit. teria and procedures of §§ 1.5 and 1.7 of Such an appeal, in writing, shall be this chapter, or any activity pertaining filed within 30 days after receipt of no- to fishing, including but not limited to, tice by the applicant or permittee of species of fish that may be taken, sea- the action appealed from. Any final de- sons and hours during which fishing cision of the Regional Director may be may take place, methods of taking, appealed to the Director, National size, location, and possession limits. Park Service, within 30 days after re- (3) Fishing in violation of a condition ceipt of notice by the applicant or per- or restriction established by the Super- mittee of the Regional Director’s deci- intendent is prohibited. sion. During the period in which an ap- (b) Eating, drinking, and lodging estab- peal is being considered by the Re- lishments. (1) No eating, drinking, or gional Director or the Director, the es- lodging establishment offering food, tablishment for which a permit has drink, or lodging for sale may be oper- been denied or revoked shall not be op- ated on any privately owned lands erated. within Glacier National Park unless a (7) The revocable permit for eating, permit for the operation thereof has drinking, and lodging establishments

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issued by the Superintendent shall con- intendent of the Park and shall comply with tain general regulatory provisions as the regulations of the Secretary of the Inte- hereinafter set forth, and will include rior governing the Park. such reasonable special conditions re- 2. Any building or structure used for the purpose of conducting the business herein lating to the health and safety of visi- permitted shall be kept in a safe, and sightly tors both to the park and to the estab- condition. lishments as the Superintendent may 3. The permittee shall dispose of all refuse deem necessary to cover existing local from the business herein permitted as re- circumstances, and shall be in a form quired by the Superintendent. substantially as follows: 4. Permittee, his agents, and employees shall be responsible for the preservation of (Front of Permit) good order within the vicinity of the business operations herein permitted. U.S. DEPARTMENT OF THE INTERIOR 5. Failure of the permittee to comply with NATIONAL PARK SERVICE all State and county substantive laws and ordinances and rules and regulations promul- REVOCABLE PERMIT FOR OPERATION OF EATING gated pursuant thereto applicable to eating, OR DRINKING AND LODGING ESTABLISHMENTS drinking, and lodging establishments or to comply with any law or any regulation of Permission is hereby granted , llllll the Secretary of the Interior governing the who resides at , to operate during llllll Park or with the conditions imposed by this the period of llllll, 19ll, to permit, will be grounds for revocation of this llllllll, 19ll, inclusive a permit. lllllllllllll (specify type of es- 6. This permit may not be transferred or tablishment) within Glacier National Park assigned without the consent, in writing of on lands privately owned or controlled by the Superintendent. him (her) over which the United States exer- 7. Neither Members of, nor Delegates to cises exclusive jurisdiction. This permit is Congress, or Resident Commissioners, offi- subject to the general provisions and any cers, agents, or employees of the Department special conditions stated on the reverse hereof. of the Interior, shall be admitted to any Issued at Glacier National Park, Mont., share or part of this permit or derive, di- this llllll day of llllllll, rectly or indirectly, any pecuniary benefit 19ll. arising therefrom. 8. Standard Equal Employment Provision Superintendent to be set out in full as provided for by Execu- I, llllllllllll, the permittee tive Orders 10925 and 11114. named herein, accept this permit subject to 9. The following special provisions are the terms, convenants, obligations, and res- made a part of this permit: lllllllll ervations expressed or implied. (c) Water supply and sewage disposal Copartnership—permittees sign as ‘‘Members systems. The provisions of this para- of firm’’. graph apply to the privately owned Corporation—the officer authorized to exe- lands within Glacier National Park. cute contracts, etc., should sign, with title, The provisions of this paragraph do not the sufficiency of such signature being at- excuse compliance by eating, drinking, tested by the Secretary, with corporate or lodging establishments with § 5.10 of seal in lieu of witness. the chapter. Permittee (1) Facilities. (i) Subject to the provi- Witness: sions of paragraph (e)(3) of this section, no person shall occupy any building or Name structure intended for human habitation, or use, unless such building is Address served by water supply and sewage disposal systems that comply with the Name standards prescribed by State and county laws and regulations applicable Address in the county within whose exterior (Reverse of Permit) boundaries such building is located. (ii) No person shall construct, rebuild GENERAL REGULATORY PROVISIONS OF THIS or alter any water supply or sewage PERMIT disposal system without a written per- 1. Permittee shall exercise this privilege mit issued by the Superintendent. The subject to the supervision of the Super- Superintendent will issue such permit

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only after receipt of written notifica- premises, and thereafter, no person tion from the appropriate Federal, shall occupy the premises on which the State, or county officer that the plans system is located until the Super- for such system comply with State or intendent is satisfied that remedial county standards. There shall be no measures have been taken that will as- charge for such permits. Any person sure compliance of the system with es- aggrieved by an action of the Super- tablished State and county standards. intendent with respect to any such per- (d) Motorboats. (1) Motorboats and mit or permit application may appeal motor vessels are limited to ten (10) in writing to the Director, National horsepower or less on Bowman and Two Park Service, Department of the Inte- Medicine Lakes. This restriction does rior, Washington, DC 20240. not apply to sightseeing vessels oper- (2) Inspections. (i) The appropriate ated by an authorized concessioner on State or county health officer, the Su- Two Medicine Lake. perintendent, or their authorized rep- (2) All motorboats and motor vessels resentatives or an officer of the U.S. except the authorized, concessioner-op- Public Health Service, may inspect any erated, sightseeing vessels are prohib- water supply or sewage disposal sys- ited on Swiftcurrent Lake. tem, from time to time, in order to de- (3) The operation of all motorboats termine whether such system complies and motor vessels are prohibited on with the State and county standards: Kintla Lake. Provided, however, That inspection (e) Canadian dollars. To promote the shall be made only upon consent of the purpose of the Act of May 2, 1932 (47 occupant of the premises or pursuant Stat. 145; 16 U.S.C. 161a), Canadian dol- to a warrant. lars tendered by Canadian visitors en- (ii) Any water supply or sewage dis- tering the United States section of Gla- posal system may be inspected without cier National Park will be accepted at the consent of the occupant of the the official rate of exchange in pay- premises or a warrant if there is prob- ment of the recreation fees prescribed able cause to believe that such system for the park. presents an immediate and severe dan- (f) Commercial passenger-carrying ger to the public health. motor vehicles. The prohibition against (3) Defective systems. (i) If upon in- the commercial transportation of pas- spection, any water supply system or sengers by motor vehicles to Glacier sewage disposal system is found by the National Park, contained in § 5.4 of this inspecting officer not to be in conform- chapter, shall be subject to the fol- ance with applicable State and county lowing exceptions: standards, the Superintendent will (1) Commercial transport of pas- send to the ostensible owner and/or the sengers by motor vehicles on those por- occupant of such property, by certified tions of the park roads from Sherburne mail, a written notice specifying what entrance to the Many Glacier area; steps must be taken to achieve compli- from Two Medicine entrance to Two ance. If after one year has elapsed from Medicine Lake; from West Glacier en- the mailing of such written notice the trance to the Camas Entrance; U.S. deficiency has not been corrected, such Highway 2 from Walton to Java; and deficiency shall constitute a violation the Going-to-the-Sun Road from West of this regulation and shall be the basis Glacier entrance to Lake McDonald for court action for the vacation of the Lodge and from St. Mary entrance to premises. Rising Sun will be permitted. (ii) If upon inspection, any water sup- (2) Commercial passenger-carrying ply or sewage disposal system is found motor vehicles operated in the above by the inspecting officer not to be in areas, on a general, infrequent, and conformance with established State nonscheduled tour in which the visit to and county standards and it is found the park is incidental to such tour, and further that there is immediate and se- carrying only round-trip passengers vere danger to the public health or the traveling from the point of origin of health of the occupants, the Super- the tour, will be accorded admission to intendent shall post appropriate no- the park. Such tours shall not provide, tices at conspicuous places on such in effect, a regular and duplicating

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service conflicting with, or in competi- (i) The Superintendent shall issue a tion with, the tours provided for the permit upon a determination that the public pursuant to contract authoriza- person leading, guiding, or conducting tion from the Secretary as determined a river trip is experienced in running by the Superintendent. rivers in white water navigation of similar difficulty, and possesses appro- [34 FR 5842, Mar. 28, 1969, as amended at 36 priate equipment, which is identified in FR 9248, May 21, 1971; 37 FR 7499, Apr. 15, 1972; 48 FR 29847, June 29, 1983; 48 FR 30293, the terms and conditions of the permit. June 30, 1983; 52 FR 10685, Apr. 2, 1987; 60 FR (ii) No person shall conduct, lead, 35841, July 12, 1995; 60 FR 55791, Nov. 3, 1995] guide, or outfit a commercial river trip without first securing the above permit § 7.4 Grand Canyon National Park. and possessing an additional permit authorizing the conduct of a commercial (a) Commercial passenger-carrying or business activity in the park. motor vehicles. The prohibition against (iii) An operation is commercial if the commercial transportation of pas- any fee, charge or other compensation sengers by motor vehicles to Grand is collected for conducting, leading, Canyon National Park contained in guiding, or outfitting a river trip. A § 5.4 of this chapter shall be subject to river trip is not commercial if there is the following exception: Motor vehicles a bona fide sharing of actual expenses. operated on a general, infrequent, and (4) All human waste will be taken out nonscheduled tour on which the visit of the Canyon and deposited in estab- to the park is an incident to such tour, lished receptacles, or will be disposed carrying only round-trip passengers of by such means as is determined by traveling from the point of origin of the Superintendent. the tour, will be accorded admission to (5) No person shall take a dog, cat, or the park. other pet on a river trip. (b) Colorado whitewater boat trips. The (6) The kindling of a fire is permitted following regulations shall apply to all only on beaches. The fire must be com- persons using the waters of, or Feder- pletely extinguished only with water ally owned land administered by the before abandoning the area. National Park Service, along the Colo- (7) Picnicking is permitted on beach rado River within Grand Canyon Na- areas along the Colorado River. tional Park, upstream from Diamond (8) Swimming and bathing are per- Creek at approximately river mile 226: mitted except in locations immediately (1) No person shall operate a vessel above rapids, eddies and riffles or near engaging in predominantly upstream rough water. travel or having a total horsepower in (9) Possession of a permit to conduct, excess of 55. guide, outfit, or lead a river trip also (2) U.S. Coast Guard approved life authorizes camping along the Colorado preservers must be worn by every per- River by persons in the river trip son while on the river or while lining party, except on lands within the or portaging near rough water. One Hualapai Indian Reservation which are extra preserver must be carried for administered by the Hualapai Tribal each ten (10) persons. Council; Provided, however, That no (3) No person shall conduct, lead, or person shall camp at Red Wall Cavern, guide a river trip unless such person Elves Chasm, the mouth of Havasu possesses a permit issued by the Super- Creek, or along the Colorado River intendent, Grand Canyon National bank between the mouth of the Paria Park. The National Park Service re- River and the Navajo Bridge. serves the right to limit the number of (10) All persons issued a river trip such permits issued, or the number of permit shall comply with all the terms persons traveling on trips authorized and conditions of the permit. by such permits when, in the opinion of (c) Immobilized and legally inoperative the National Park Service, such limi- vehicles. (1) An immobilized vehicle is a tations are necessary in the interest of motor vehicle which is not capable of public safety or protection of the eco- moving under its own power due to logical and environmental values of equipment malfunction or deficiency. the area. This term shall also include trailers

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whose wheels have been removed or clude, but shall not be limited to, the which, for other reasons, cannot be im- creation of a safety hazard, traffic con- mediately towed from their location, gestion, visual pollution, or fuel and excluding trailers being used as resi- lubricant drip pollution. dences which are occupying sites des- (6) The Superintendent shall have the ignated for this purpose by the Super- right of inspection at all reasonable intendent. A legally inoperative vehi- times to ensure compliance with the cle is a motor vehicle capable of move- requirements of this paragraph. ment under its own power, but not li- [34 FR 14212, Sept. 10, 1969 as amended at 36 censed to legally operate on roads. FR 23293, Dec. 8, 1971; 42 FR 25857, May 20, (2) Leaving, storing, or placing upon 1977; 43 FR 1793, Jan. 12, 1978; 52 FR 10685, federally owned lands within the park Apr. 2, 1987] any immobilized or legally inoperative vehicle for a period exceeding 30 days is § 7.5 Mount Rainier National Park. prohibited, except under the terms of a (a) Fishing. (1) The following waters permit issued by the Superintendent. are closed to fishing: (3) A revocable permit for an immo- (i) Tipsoo Lake. bilized or legally inoperative vehicle (ii) Shadow Lake. may be issued without fee by the Su- (iii) Klickitat Creek above the White perintendent for a specific period of River Entrance water supply intake. time, upon a finding that the issuance (iv) Laughing Water Creek above the of such a permit will not interfere with Ohanapecosh water supply intake. park management or impair park re- (v) Frozen Lake. sources. (vi) Reflection Lakes. (i) Any permit issued will be valid for (vii) Ipsut Creek above the Ipsut the period stated on the permit, unless Creek Campground water supply in- otherwise revoked or terminated by take. the Superintendent, and will state the (2) Except for artificial fly fishing, name and address of the owner, the de- the Ohanapecosh River and its tribu- scription of the vehicle, and the exact taries are closed to all fishing. location where it may be left, stored or (3) There shall be no minimum size placed. limit on fish that may be possessed. (ii) The permittee will affix the per- (4) The daily catch and possession mit securely and conspicuously to the limit for fish taken from park waters vehicle. shall be six pounds and one fish, not to (iii) The permit shall be nontransfer- exceed 12 fish. able. (b) Climbing and hiking. (1) Registra- (iv) Any person issued a permit shall tion with the Superintendent is re- comply with all terms and conditions quired prior to and upon return from of the permit. Failure to do so will con- any climbing or hiking on glaciers or stitute cause for the Superintendent to above the normal high camps such as terminate the permit at any time. Camp Muir and Camp Schurman. (v) A permit may be revoked at any (2) A person under 18 years of age time for the convenience of the Na- must have permission of his parent or tional Park Service or upon a finding legal guardian before climbing above that continued authorization under the the normal high camps. permit would interfere with park man- (3) A party traveling above the high agement or impair park resources. camps must consist of a minimum of (4) An immobilized or legally inoper- two persons unless prior permission for ative vehicle left in excess of 30 days a solo climb has been obtained from without a permit will be removed at the Superintendent. The Super- the owner’s expense. intendent will consider the following (5) An immobilized or legally inoper- points when reviewing a request for a ative vehicle constituting a safety haz- solo climb: The weather prediction for ard, causing an obstruction to roads or the estimated duration of the climb, trails, or interfering with maintenance and the likelihood of new snowfall, operations will be removed imme- sleet, fog , or hail along the route, the diately at the owner’s expense. Such feasibility of climbing the chosen route interference or impairment may in- because of normal inherent hazards,

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current route conditions, adequacy of (c) Fishing. Fishing is prohibited equipment and clothing, and qualifying within the Monument. experience necessary for the route con- [24 FR 11035, Dec. 30, 1959, as amended at 34 templated. FR 5255, Mar. 14, 1969; 39 FR 14338, Apr. 23, (c) Backcountry Camping—(1) 1974] Backcountry camping permits required. No person or group of persons traveling § 7.7 Rocky Mountain National Park. together may camp in the backcountry (a) Fishing. (1) Fishing restrictions, without a valid backcountry camping based on management objectives de- permit. Permits may be issued to each scribed in the park’s Resources Man- permittee or to the leader of the group agement Plan, are established annually for a group of persons. The permit by the Superintendent. must be attached to the pack or camp- (2) The Superintendent may impose ing equipment of each permittee in a closures and establish conditions or re- clearly visible location. No person may strictions, in accordance with the cri- camp in any location other than that teria and procedures of §§ 1.5 and 1.7 of designated in the permit for a given this chapter, on any activity per- date. taining to fishing, including, but not (2) Group size limitations. Groups ex- limited to species of fish that may be ceeding five persons must camp at a taken, seasons and hours during which group site, but groups may not exceed fishing may take place, methods of twelve persons. The Superintendent taking, size, creel, and possession lim- may, however, its. (i) Waive group size limitations on (3) Fishing in closed waters or vio- routes in the climbing zone when he de- lating a condition or restriction estab- termines that it will not result in envi- lished by the Superintendent is prohib- ronmental degradation; and ited. (ii) Establish special zones and group (b) Trucking Permits. (1) The Super- size limitations during the winter sea- intendent may issue a permit for son to balance the impact of cross- trucking on a park road when the load country skiers, snowshoers, and carried originates and terminates with- snowmobilers on the resource. in the counties of Larimer, Boulder, or (d) Snowmobile use—(1) Designated Grand, Colorado. routes. (i) That portion of the West Side (2) The fee charged for such trucking Road south of Round Pass. over Trail Ridge Road is the same as (ii) The Mather Memorial Parkway the single visit entrance fee for a pri- (State Route 410) from its intersection vate passenger vehicle. A trucking per- with the White River Road north to the mit is valid for one round trip, pro- park boundary. vided such trip is made in one day, oth- (iii) The White River Road from its erwise the permit is valid for a one-way intersection with the Mather Memorial trip only. Parkway to the White River Camp- (3) The fees provided in this para- ground. graph also apply to a special emer- (iv) The Cougar Rock Campground gency trucking permit issued pursuant road system. to § 5.6(b) of this chapter. (c) Boats. (1) The operation of motor- (v) The Stevens Canyon Road from boats is prohibited on all waters of the Stevens Canyon Entrance to the Ste- park. vens Canyon Road tunnel at Box Can- (2) All vessels are prohibited on Bear yon. Lake. [34 FR 17520, Oct. 30, 1969, as amended at 40 (d) Dogs, cats, and other pets. In addi- FR 31938, July 30, 1975; 41 FR 14863, Apr. 8, tion to the provisions of § 2.15 of this 1976; 41 FR 33264, Aug. 9, 1976; 42 FR 22557, chapter, dogs, cats, and other pets on May 4, 1977; 48 FR 30293, June 30, 1983] leash, crated, or otherwise under physical restraint are permitted in the park § 7.6 Muir Woods National Monument. only within 100 feet of the edge of es- (a) Fires. Fires are prohibited within tablished roads or parking areas, and the monument. are permitted within established camp- (b) [Reserved] grounds and picnic areas; dogs, cats,

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and other pets are prohibited in the (3) Soda Springs Creek drainage is backcountry and on established trails. closed to fishing. (e)(1) On what route may I operate a (4) Fishing in closed waters or in vio- snowmobile? Snowmobiles may be oper- lation of a condition or restriction es- ated on the North Supply Access Trail tablished by the Superintendent is pro- solely for the purpose of gaining access hibited. between national forest lands on the (c) Privately owned lands—(1) Water west side of the park and the town of supply, sewage or disposal systems, and Grand Lake. Use of this trail for other building construction or alterations. The purposes is not permitted. This trail provisions of this paragraph apply to will be marked by signs, snow poles or the privately owned lands within Se- other appropriate means. quoia and Kings Canyon National (2) When may I operate a snowmobile Parks. on the North Supply Access Trail? The (i) Facilities. (a) Subject to the provi- Superintendent will determine the sions of paragraph (c)(1)(iii) of this sec- opening and closing dates for use of the tion, no person shall occupy any build- North Supply Access Trail each year, ing or structure, intended for human taking into consideration the location habitation or use, unless such building of wintering wildlife, appropriate snow complies with standards, prescribed by cover, and other factors that may re- State and county laws and regulations late to public safety. The Super- applicable in the county within whose exterior boundaries such building is lo- intendent will notify the public of such cated, as to construction, water supply dates through one or more of the meth- and sewage disposal systems. ods listed in § 1.7(a) of this chapter. (b) No person shall construct, rebuild, Temporary closure of this route will be or alter any building, water supply or initiated through the posting of appro- sewage disposal system without the priate signs and/or barriers. permission of the Superintendent. The [40 FR 14912, Apr. 3, 1975, as amended at 41 Superintendent will give such permis- FR 49629, Nov. 10, 1976; 43 FR 14308, Apr. 5, sion only after receipt of written noti- 1978; 48 FR 30293, June 30, 1983; 49 FR 24893, fication from the appropriate Federal, June 18, 1984; 49 FR 25854, June 25, 1984; 52 FR State, or county officer that the plans 10685, Apr. 2, 1987; 52 FR 23304, June 19, 1987; for such building or system comply 54 FR 4020, Jan. 27, 1989; 54 FR 43061, Oct. 20, with State or county standards. Any 1989; 69 FR 53630, Sept. 2, 2004] person aggrieved by an action of the § 7.8 Sequoia and Kings Canyon Na- Superintendent with respect to any tional Parks. such permit or permit application may appeal in writing to the Director, Na- (a) Dogs and cats. Dogs and cats are tional Park Service, U.S. Department prohibited on any park land or trail ex- of the Interior, Washington, D.C. 20240. cept within one-fourth mile of devel- (ii) Inspections. (a) The appropriate oped areas which are accessible by a State or county officer, the Super- designated public automobile road. intendent, or their authorized rep- (b) Fishing. (1) Fishing restrictions, resentatives or an officer of the U.S. based on management objectives de- Public Health Service, may inspect any scribed in the parks’ Resources Man- building, water supply, or sewage dis- agement Plan, are established annually posal system, from time to time, in by the Superintendent. order to determine whether the build- (2) The Superintendent may impose ing, water supply, or sewage disposal closures and establish conditions or re- system comply with the State and strictions, in accordance with the cri- county standards: Provided, however, teria and procedures of §§ 1.5 and 1.7 of That inspection shall be made only this chapter, on any activity per- upon consent of the occupant of the taining to fishing including, but not premises or pursuant to a warrant. limited to, species of fish that may be (b) Any building, water supply, or taken, seasons and hours during which sewage disposal system may be in- fishing may take place, methods of spected without the consent of the oc- taking, size, location and elevation, cupant of the premises or a warrant if and possession limits. there is probable cause to believe that

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such system presents an immediate conditions of a permit issued only to and severe danger to the public health owners of such private property. and safety. [34 FR 9387, June 14, 1969, as amended at 49 (iii) Defective systems. (a) If upon in- FR 18450, Apr. 30, 1984; 56 FR 41943, Aug. 26, spection, any building, water supply or 1991] sewage disposal system is found by the inspecting officer not to be in conform- § 7.9 St. Croix National Scenic Rivers. ance with applicable State and county (a) Snowmobiles. After consideration standards, the Superintendent will of existing special situations, i.e., send to the ostensible owner and/or the depth of snow or thickness of ice, and occupant of such property, by certified depending on local weather conditions, mail, a written notice specifying what the superintendent may allow the use steps must be taken to achieve compli- of snowmobiles on the frozen surface of ance. If after 1 year has elapsed from the Saint Croix River on those sections the mailing of such notice the defi- normally used by motor boats during ciency has not been corrected, such de- other seasons, between the Boomsite ficiency shall constitute a violation of and Highway 243 near Osceola, Wis- this regulation and shall be the basis consin, and Saint Croix Falls to River- for court action for the vacation of the side, Wisconsin, and in those areas premises. where county or other established (b) If upon inspection, any building, snowmobile trails need to cross the water supply or sewage disposal system riverway or riverway lands to connect is found by the inspecting officer not to with other established snowmobile be in conformance with established trails. State and county standards and it is (b) Fishing. Unless otherwise des- found further that there is immediate ignated, fishing in a manner authorized and severe danger to the public health under applicable State law is allowed. and safety or the health and safety of (c) Vessels. (1) Entering by vessel, the occupants or users, the Super- launching a vessel, operating a vessel, intendent shall post appropriate no- or knowingly allowing another person tices at conspicuous places on such to enter, launch or operate a vessel, or premises, and thereafter, no person attempting to do any of these activi- shall occupy or use the premises on ties in park area waters when that ves- which the deficiency or hazard is lo- sel or the trailer or the carrier of that cated until the Superintendent is satis- vessel has been in water infested or fied that remedial measures have been contaminated with aquatic nuisance taken that will assure compliance with species, except as provided in para- established State and county stand- graph (c)(2) of this section is prohib- ards. ited. (d) Stock Driveways. (1) The present (2) Vessels, trailers or other carriers county road extending from the west of vessels wishing to enter park area boundary of Kings Canyon National waters from aquatic nuisance species Park near Redwood Gap to Quail Flat contaminated or infested waters may junction of the General’s Highway and enter after being inspected and cleaned the old road beyond is designated for using the technique or process appro- the movement of stock and vehicular priate to the nuisance species. traffic, without charge, to and from na- (d) Placing or dumping, or attempt- tional forest lands on either side of the ing to place or dump, bait containers, General Grant Grove section of the live wells, or other water-holding de- park. Stock must be prevented from vises that are or were filled with wa- straying from the right of way. ters holding or contaminated by aquat- (e) Snowmobiles. (1) The use of snow- ic nuisance species is prohibited. mobiles is allowed on the unplowed (e) Using a wet suit or associated roads of Wilsonia, the Wilsonia parking water use and diving equipment pre- lot, and the Mineral King road. viously used in waters infested with (2) Snowmobile use will be limited to aquatic nuisance species prior to being providing access to private property inspected and cleaned using a process within the exterior boundaries of the appropriate to the nuisance species is park area, pursuant to the terms and prohibited.

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(f) For the purpose of this section: (3) The unplowed, graded dirt road (1) The term aquatic nuisance species from the park boundary in the south- means the zebra mussel, purple east corner of Sec. 13, T. 39 S., R. 11 W., loosestrife and Eurasian watermilfoil; SLBM, south to Lava Point Fire Look- (2) The term vessel means every type out in the northwest quarter of Sec. 31, or description of craft on the water T. 39 S., R. 10 W., SLBM, a distance of used or capable of being used as a approximately one mile. means of transportation, including sea- (4) The unplowed, graded dirt road planes, when on the water, and buoyant from the Lava Point Ranger Station, devises permitting or capable of free southeast to the West Rim Trailhead flotation. and then to a point where this road di- [47 FR 55918, Dec. 14, 1982, as amended at 49 vides and leaves the park, in the south- FR 18450, Apr. 30, 1984; 51 FR 8493, Mar. 12, east corner of Sec. 30, and the north- 1986; 62 FR 33751, June 23, 1997] east corner of Sec. 31, T. 39 S., R. 10 W., SLBM, a distance of approximately two § 7.10 Zion National Park. miles. (a) Vehicle convoy requirements. (1) An (5) The unplowed, graded dirt road operator of a vehicle that exceeds load from the Lava Point Ranger Station, or size limitations established by the north to the park boundary where this superintendent for the use of park road leaves the park, all in the south- roads may not operate such vehicle on east corner of Sec. 13, T. 39 S., R. 11 W., a park road without a convoy service SLBM, a distance of approximately provided at the direction of the super- one-fourth mile. intendent. (2) A single trip convoy fee of $15 is [49 FR 34482, Aug. 31, 1984 as amended at 51 charged by the superintendent for each FR 4736, Feb. 7, 1986] vehicle or combination of vehicles con- § 7.11 Saguaro National Park. voyed over a park road. Payment of a convoy fee by an operator of a vehicle (a) Bicycles. That portion of the Cac- owned by the Federal, State or county tus Forest Trail inside the Cactus For- government and used on official busi- est Drive is open to non-motorized bi- ness is not required. Failure to pay a cycle use. required convoy fee is prohibited. (b) [Reserved] (b) Snowmobiles. After consideration [68 FR 50077, Aug. 20, 2003] of snow and weather conditions, the superintendent may permit the use of § 7.12 Gulf Islands National Seashore. snowmobiles on designated routes within the park. Snowmobile use is re- (a) Operation of seaplanes and amphib- stricted to the established roadway. All ious aircraft. (1) Aircraft may be oper- off-road use is prohibited. The des- ated on the waters within the bound- ignated routes are defined as follows: aries of the Seashore surrounding Ship, (1) All of the paved portion of the Horn and Petit Bois Islands, but ap- Kolob Terrace Road from the park proaches, landings and take-offs shall boundary in the west one-half of Sec. not be made within 500 feet of beaches. 33, T. 40 S., R. 11 W., Salt Lake Base (2) Aircraft may be moored to island and Meridian, north to where this road beaches, but beaches may not be used leaves the park in the northwest corner as runways or taxi strips. of Sec. 16, T. 40 S., R. 11 W., SLBM. (3) Aircraft operating in the vicinity This paved portion of the Kolob Ter- of any developed facilities, boat docks, race Road is approximately three and floats, piers, ramps or bathing beaches one-half miles in length. will remain 500 feet from such facilities (2) All of the unplowed, paved por- and must be operated with due care tions of the Kolob Terrace Road from and regard for persons and property the park boundary, north of Spendlove and in accordance with any posted Knoll, in Sec. 5, T. 40 S., R. 11 W., signs or uniform waterway markers. SLBM, north to where this road leaves (4) Aircraft are prohibited from land- the park in the southwest corner of ing on or taking off from any land sur- Sec. 23, T. 39 S., R. 11 W., SLBM, a dis- faces; any estuary, lagoon, pond or tance of approximately five miles. tidal flat; or any waters temporarily

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covering a beach; except when such op- must be present in the vehicle at any erations may be authorized by prior time it is being operated on an permission of the Superintendent. Per- oversand route. Permits are to be dis- mission shall be based on needs for played as directed at the time of emergency service, resource protec- issuance. tion, or resource management. (iv) No permit shall be valid for more (b) Off-road operation of motor vehi- than one year. Permits may be issued cles—(1) Route designations. (i) The oper- for lesser periods, as appropriate for ation of motor vehicles, other than on the time of year at which a permit is established roads and parking areas, is issued or the length of time for which limited to oversand routes designated use is requested. by the Superintendent in accordance (v) For a permit to be issued, a motor with § 4.10(b) of this chapter. Operation vehicle must: of vehicles on these routes will be sub- (A) Be capable of four-wheel drive op- ject to all provisions of parts 2 and 4 of eration. this chapter, as well as the specific pro- (B) Meet the requirements of visions of this paragraph (b). § 4.10(c)(3) of this chapter and conform (ii) Oversand routes may be des- to all applicable State laws regarding ignated by the Superintendent in the licensing, registration, inspection, in- following locations: surance, and required equipment. (A) In the eastern portion of Perdido (C) Contain the following equipment Key, from the easternmost extension of to be carried at all times when the ve- the paved road to the east end of the is- hicle is being operated on an oversand land, excluding the Perdido Key His- route: shovel; tow rope, cable or chain; toric District near the former site of jack; and board or similar support for Fort McRee. the jack. (B) In the westernmost portion of (vi) No permit will be issued for a Santa Rosa Island, from the vicinity of two-wheel drive motor vehicle, a mo- Fort Pickens to the west end of the is- torcycle, an all-terrain vehicle, or any land. vehicle not meeting State require- (iii) Oversand routes designated by ments for on-road use. the Superintendent will be shown on (vii) In addition to any penalty re- maps available at park headquarters quired by § 1.3 of this chapter for a vio- and other park offices. Signs at the en- lation of regulations governing the use trance to each route will designate the of motor vehicles on oversand routes, route as open to motor vehicles. the Superintendent may revoke the Routes will be marked as follows: permit of the person committing the (A) On beach routes, travel is per- violation or in whose vehicle the viola- mitted only between the water’s edge tion was committed. No person whose and a line of markers on the landward permit has been so revoked shall be side of the beach. issued a permit for a period of one year (B) On inland routes, travel is per- following revocation. mitted only in the lane designated by (3) Operation of vehicles. (i) No motor pairs of markers showing the sides of vehicle shall be operated in any loca- the route. tion off a designated oversand route or (2) Permits. (i) The Superintendent is on any portion of a route designated as authorized to establish a system of spe- closed by the posting of appropriate cial recreation permits for oversand ve- signs. hicles and to establish special recre- (ii) No motor vehicle shall be operation permit fees for these permits, ated on an oversand route in excess of consistent with the conditions and cri- the following speeds: teria of 36 CFR part 71. (A) 15 miles per hour while within 100 (ii) No motor vehicle shall be oper- feet of any person not in a motor vehi- ated on a designated oversand route cle. without a valid permit issued by the (B) 25 miles per hour at all other Superintendent. times. (iii) Permits are not transferable to (iii) When two motor vehicles meet another motor vehicle or to another on an oversand route, both drivers driver. The driver listed on the permit shall reduce speed and the driver who

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is traveling south or west shall yield public health and safety, natural and the right of way, if the route is too cultural resource protection, and other narrow for both vehicles. management activities and objectives. (iv) The towing of trailers on oversand routes is prohibited. [41 FR 29120, July 15, 1976, as amended at 46 FR 40875, Aug. 13, 1981; 52 FR 10686, Apr. 2, (4) Information collection. The infor- 1987; 71 FR 26244, May 4, 2006] mation collection requirements contained in § 7.12(b)(2) have been approved § 7.13 Yellowstone National Park. by the Office Management and Budget under 44 U.S.C. 3507 and assigned clear- (a) Commercial Vehicles. (1) Notwith- ance number 1024–0017. The information standing the prohibition of commercial is being collected to solicit informa- vehicles set forth in § 5.6 of this chap- tion necessary for the Superintendent ter, commercial vehicles are allowed to to issue ORV permits. This information operate on U.S. Highway 191 in accord- will be used to grant administrative ance with the provisions of this sec- benefits. The obligation to respond is tion. required to obtain a benefit. (2) The transporting on U.S. Highway (c) Personal Watercraft (PWC). (1) 191 of any substance or combination of PWCs may operate within Gulf Islands substances, including any hazardous National Seashore except in the fol- substance, hazardous material, or haz- lowing closed areas: ardous waste as defined in 49 CFR 171.8 (i) The lakes, ponds, lagoons and in- that requires placarding of the trans- lets of Cat Island, East Ship Island, port vehicle in accordance with 49 CFR West Ship Island, Horn Island, and 177.823 or any marine pollutant that re- Petit Bois Island; quires marking as defined in 49 CFR (ii) The lagoons of Perdido Key with- Subtitle B, is prohibited; provided, in Big Lagoon; however, that the superintendent may (iii) The areas within 200 feet from issue permits and establish terms and the remnants of the old fishing pier conditions for the transportation of and within 200 feet from the new fish- hazardous materials on U.S. Highway ing pier at Fort Pickens; and 191 in emergencies or when such trans- (iv) Within 200 feet of non-motorized portation is necessary for access to vessels and people in the water, except lands within or adjacent to the park individuals associated with the use of area. the PWC. (3) The operator of a motor vehicle (2) PWC may not be operated at transporting any hazardous substance, greater than flat wake speed in the fol- hazardous material, hazardous waste, lowing locations: or marine pollutant in accordance with (i) Within 0.5 mile from the shoreline a permit issued under this section is or within 0.5 mile from either side of not relieved in any manner from com- the pier at West Ship Island; plying with all applicable regulations (ii) Within 0.5 mile from the shore- in 49 CFR Subtitle B, or with any other line on the designated wilderness is- State or federal laws and regulations lands of Horn and Petit Bois; and applicable to the transportation of any (iii) Within 300 yards from all other hazardous substance, hazardous mate- park shorelines. rial, hazardous waste, or marine pollut- (3) PWC are allowed to beach at any ant. point along the shore except as follows: (4) The superintendent may require a (i) PWC may not beach in any re- permit and establish terms and condi- stricted area listed in paragraph (c)(1) tions for the operation of a commercial of this section; and vehicle on any park road in accordance (ii) PWC may not beach above the with § 1.6 of this chapter. The super- mean high tide line on the designated intendent may charge a fee for permits wilderness islands of Horn and Petit in accordance with a fee schedule es- Bois. tablished annually. (4) The Superintendent may tempo- (5) Operating without, or violating a rarily limit, restrict or terminate ac- term or condition of, a permit issued in cess to the areas designated for PWC accordance with this section is prohib- use after taking into consideration ited. In addition, violating a term or

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condition of a permit may result in the ments in these regulations. The appli- suspension or revocation of the permit. cant for a special permit shall also (b) Employee motor vehicle permits: agree in writing to provide, in accord- (1) A motor vehicle owned and/or op- ance with paragraph (d)(10) of this sec- erated by an employee of the U.S. Gov- tion, information concerning the ac- ernment, park concessioners and con- tual travel within the ‘‘Five Mile Per tractors, whether employed in a perma- Hour Zones.’’ nent or temporary capacity, shall be (2) Removal of vessels. All privately registered with the Superintendent and owned vessels, boat trailers, water- a permit authorizing the use of said ve- borne craft of any kind, buoys, moor- hicle in the park is required. This re- ing floats, and anchorage equipment quirement also applies to members of will not be permitted in the park prior an employee’s family living in the park to May 1 and must be removed by No- who own or operate a motor vehicle vember 1. within the park. Such permit, issued (3) Restricted landing areas. (i) Prior free of charge, may be secured only to July 1 of each year, the landing of when the vehicle operator can produce any vessel on the shore of Yellowstone a valid certificate of registration, and Lake between Trail Creek and has in his possession a valid operator’s Beaverdam Creek is prohibited, except license. No motor vehicle may be oper- upon written permission of the Super- ated on park roads unless properly reg- intendent. istered. (ii) The landing or beaching of any (2) The permit is valid only for the vessel on the shores of Yellowstone calendar year of issue. Registry must Lake (a) within the confines of Bridge be completed and permits secured by Bay Marina and Lagoon and the con- April 15 of each year or within one necting channel with Yellowstone week after bringing a motor vehicle Lake; and (b) within the confines of into the park, whichever date is later. Grant Village Marina and Lagoon and The permit shall be affixed to the vehi- the connecting channel with Yellow- cle as designated by the Super- intendent. stone Lake is prohibited except at the (c) [Reserved] piers or docks provided for the purpose. (d) Vessels—(1) Permit. (i) A general (4) Closed waters. (i) Vessels are pro- permit, issued by the Superintendent, hibited on Sylvan Lake, Eleanor Lake, is required for all vessels operated upon Twin Lakes, and Beach Springs La- the waters of the park open to boating. goon. In certain areas a special permit is re- (ii) Vessels are prohibited on park quired as specified hereinbelow. These rivers and streams (as differentiated permits must be carried within the ves- from lakes and lagoons), except on the sel at all times when any person is channel between Lewis Lake and Sho- aboard, and shall be exhibited upon re- shone Lake, which is open only to quest to any person authorized to en- handpropelled vessels. force the regulations in this chapter. (5) Lewis Lake motorboat waters. Mo- (ii) A special permit shall be issued torboats are permitted on Lewis Lake. by the Superintendent to any holder of (6) Yellowstone Lake motorboat waters. a general permit who expresses the in- Motorboats are permitted on Yellow- tention to travel into either the South stone Lake except in Flat Mountain Arm or the Southeast Arm ‘‘Five Mile Arm as described in paragraph (d)(6)(i) Per Hour Zones’’ of Yellowstone Lake, of this section and as restricted within as defined in paragraphs (d)(6) (ii) and the South Arm and the Southeast Arm (iii) of this section, upon the comple- where operation is confined to areas tion and filing of a form statement in known as ‘‘Five Mile Per Hour Zones’’ accordance with the provisions of para- which waters are between the lines as graph (d)(10) of this section. described in paragraphs (d)(6) (ii) and (iii) Neither a general nor special (iii) of this section in the South Arm permit shall be issued until the per- and Southeast Arm, but which specifi- mittee has signed a statement certi- cally exclude the southernmost 2 miles fying that he is familiar with the speed of both Arms which are open only to and all other limitations and require- hand-propelled vessels.

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(i) The following portion of Flat (7) Motorboats are prohibited on park Mountain Arm of Yellowstone Lake is waters except as permitted in para- restricted to hand-propelled vessels: graphs (d) (5) and (6) of this section. West of a line beginning at a point (8) Hand-propelled vessel waters. Hand- marked by a monument located on the propelled vessels and sail vessels may south shore of the Flat Mountain Arm operate in park waters except on those and approximately 10,200 feet easterly waters named in paragraph (d)(4) of from the southwest tip of the said arm, this section. said point being approximately (9) Five Mile Per Hour Zone motorboat 44°22′13.2″ N. latitude and 110°25′07.2″ W. restrictions. The operation of motor- longitude, then running approximately boats within ‘‘Five Mile Per Hour 2,800 feet due north to a point marked Zones’’ is subject to the following re- by a monument located on the north strictions: shore of the Flat Mountain Arm, said (i) Class 1 and Class 2 motorboats point being approximately 44°22′40″ N. shall proceed no closer than one-quar- latitude and 110°25′07.2″ W. longitude. ter mile from the shoreline except to (ii) In the South Arm that portion debark or embark passengers, or while between a line from Plover Point run- moored when passengers are ashore. ning generally east to a point marked (ii) [Reserved] by a monument on the northwest tip of (10) Permission required to operate mo- the peninsula common to the South torboats in Five Mile Per Hour Zone. and Southeast Arms; and a line from a Written authority for motorboats to monument located on the west shore of enter either or both the South Arm or the South Arm approximately 2 miles the Southeast Arm ‘‘Five Mile Per north of the cairn which marks the ex- Hour Zones’’ shall be granted to an op- treme southern extremity of Yellow- erator providing that prior to com- stone Lake in accordance with the Act mencement of such entry the operator of Congress establishing Yellowstone completes and files with the Super- National Park; said point being ap- intendent a form statement showing: proximately in latitude 44°18′22.8″ N., at (i) Length, make, and number of mo- longitude 110°20′04.8″ W., Greenwich Me- torboat. ridian, running due east to a point on (ii) Type of vessel, such as inboard, the east shore of the South Arm inboard-outboard, turbojet, and includ- marked by a monument. Operation of motorboats south of the latter line is ing make and horsepower rating of prohibited. motor. (iii) In the Southeast Arm that por- (iii) Name and address of head of tion between a line from a monument party. on the northwest tip of the peninsula (iv) Number of persons in party. common to the South and Southeast (v) Number of nights planned to Arms which runs generally east to a spend in each ‘‘Five Mile Per Hour monument at the mouth of Columbine Zone.’’ Creek; and a line from a cairn which (vi) Place where camping is planned marks the extreme eastern extremity within each ‘‘Five Mile Per Hour of Yellowstone Lake, in accordance Zone,’’ or if applicable, whether party with the Act of Congress establishing will remain overnight on board. Yellowstone National Park; said point (11) The disturbance of birds inhab- being approximately in latitude iting or nesting on either of the islands 44°19′42.0″ N., at longitude 110°12′06.0″ designated as ‘‘Molly Islands’’ in the W., Greenwich Meridian, running west- Southeast Arm of Yellowstone Lake is erly to a point on the west shore of the prohibited; nor shall any vessel ap- Southeast Arm, marked by a monu- proach the shoreline of said islands ment; said point being approximately within one-quarter mile. in latitude 44°20′03.6″ N., at longitude (12) Boat racing, water pageants, and 110°16′19.2″ W., Greenwich Meridian. Op- spectacular or unsafe types of rec- eration of motorboats south of the lat- reational use of vessels are prohibited ter line is prohibited. on park waters.

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(e) Fishing. (1) Fishing restrictions, carrying only round trip passengers based on management objectives de- traveling from the point of origin of scribed in the park’s Resources Man- the tour will, subject to the conditions agement Plan, are established annually set forth in this paragraph, be accorded by the superintendent. admission to the park for the purpose (2) The superintendent may impose of delivering passengers to a point of closures and establish conditions or re- overnight stay in the park and exit strictions, in accordance with the cri- from the park. After passengers have teria and procedures of §§ 1.5 and 1.7 of completed their stay, such motor vehi- this chapter, on any activity per- cles shall leave the park by the most taining to fishing, including, but not convenient exit station, considering limited to, seasons and hours during their destinations. Motor vehicles ad- which fishing may take place, size, mitted to the park under this para- creel and possession limits, species of graph shall not, while in the park, en- fish that may be taken and methods of gage in general sightseeing operations. taking. Admission will be accorded such vehi- (3) Closed waters. The following wa- cles upon establishing to the satisfac- ters of the park are closed to fishing tion of the superintendent that the and are so designated by appropriate tour originated from such place and in signs: such manner as not to provide in effect (i) Pelican Creek from its mouth to a a regular and duplicating service con- point two miles upstream. flicting with, or in competition with, (ii) The Yellowstone River and its the services provided for the public tributary streams from the Yellow- pursuant to contract authorization stone Lake outlet to a point one mile from the Secretary. The super- downstream. intendent shall have the authority to (iii) The Yellowstone River and its specify the route to be followed by such tributary streams from the confluence vehicles within the park. of Alum Creek with the Yellowstone (g) Camping. (1) Camping in Yellow- River upstream to the Sulphur Cal- stone National Park by any person, dron. party, or organization during any cal- (iv) The Yellowstone River from the endar year during the period Labor top of the Upper Falls downstream to a Day through June 30, inclusive, shall point directly below the overlook not exceed 30 days, either in a single known as Inspiration Point. period or combined separate periods, (v) Bridge Bay Lagoon and Marina when such limitations are posted. and Grant Village Lagoon and Marina and their connecting channels with (2) The intensive public-use season Yellowstone Lake. for camping shall be the period July 1 (vi) The shores of the southern ex- to Labor Day. During this period camp- treme of the West Thumb thermal area ing by any person, party, or organiza- along the shore of Yellowstone Lake to tion shall be limited to a total of 14 the mouth of Little Thumb Creek. days either in a single period or com- (vii) The Mammoth water supply res- bined separate periods. ervoir. (h) Dogs and cats. Dogs and cats on (4) Fishing in closed waters or vio- leash, crated, or otherwise under phys- lating a condition or restriction estab- ical restraint are permitted in the park lished by the superintendent is prohib- only within 100 feet of established ited. roads and parking areas. Dogs and cats (f) Commercial passenger-carrying vehi- are prohibited on established trails and cles. The prohibition against the com- boardwalks. mercial transportation of passengers (i) [Reserved] by motor vehicles in Yellowstone Na- (j) Travel on trails. Foot travel in all tional Park contained in § 5.4 of this thermal areas and within the Yellow- chapter shall be subject to the fol- stone Canyon between the Upper Falls lowing exception: Motor vehicles oper- and Inspiration Point must be confined ated on an infrequent and non- to boardwalks or trails that are main- scheduled tour on which the visit to tained for such travel and are marked the park is an incident to such tour, by official signs.

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(k) Portable engines and motors. The vehicles permitted on oversnow routes operation of motor-driven chain saws, are oversnow vehicles. portable motor-driven electric light Oversnow vehicle means a snow- plants, portable motor-driven pumps, mobile, snowcoach, or other motorized and other implements driven by port- vehicle that is intended for travel pri- able engines and motors is prohibited marily on snow and has been author- in the park, except in Mammoth, Can- ized by the Superintendent to operate yon, Fishing Bridge, Bridge Bay, Grant in the park. An oversnow vehicle that Village, and Madison Campgrounds, for does not meet the definition of a park operation purposes, and for con- snowcoach must comply with all re- struction and maintenance projects au- quirements applicable to snowmobiles. thorized by the Superintendent. This Snowcoach means a self-propelled restriction shall not apply to outboard mass transit vehicle intended for travel motors on waters open to on snow, having a curb weight of over motorboating. 1,000 pounds (450 kilograms), driven by (l)(1) What is the scope of this regula- a track or tracks and steered by skis or tion? The regulations contained in tracks, and having a capacity of at paragraphs (l)(2) through (l)(17) of this least 8 passengers. A snowcoach has a section apply to the use of snowcoaches maximum size of 102 inches wide, plus and recreational snowmobiles. Except tracks (not to exceed 110 inches over- where indicated, paragraphs (l)(2) all); a maximum length of 35 feet; and through (l)(17) do not apply to non-ad- a Gross Vehicle Weight Rating (GVWR) ministrative oversnow vehicle use by not exceeding 25,000 pounds. NPS, contractor, or concessioner em- Snowmobile means a self-propelled ve- ployees, or other non-recreational hicle intended for travel on snow, with users authorized by the Super- a curb weight of not more than 1,000 intendent. pounds (450 kg), driven by a track or (2) What terms do I need to know? The tracks in contact with the snow, and definitions in this paragraph (l)(2) also which may be steered by a ski or skis apply to non-administrative oversnow vehicle use by NPS, contractor, or con- in contact with the snow. cessioner employees, and other non- Snowplane means a self-propelled ve- recreational users authorized by the hicle intended for oversnow travel and Superintendent. driven by an air-displacing propeller. Commercial guide means a guide who (3) May I operate a snowmobile in Yel- operates a snowmobile or snowcoach lowstone National Park? (i) You may op- for a fee or compensation and is au- erate a snowmobile in Yellowstone Na- thorized to operate in the park under a tional Park in compliance with use concession contract. In this section, limits, guiding requirements, operating ‘‘guide’’ also means ‘‘commercial hours and dates, equipment, and oper- guide.’’ ating conditions established under this Historic snowcoach means a Bom- section. The Superintendent may es- bardier snowcoach manufactured in tablish additional operating conditions 1983 or earlier. Any other snowcoach is and must provide notice of those condi- considered a non-historic snowcoach. tions in accordance with § 1.7(a) of this Oversnow route means that portion of chapter or in the FEDERAL REGISTER. the unplowed roadway located between (ii) The authority to operate a snow- the road shoulders and designated by mobile in Yellowstone National Park snow poles or other poles, ropes, fenc- established in paragraph (l)(3)(i) of this ing, or signs erected to regulate section is in effect through the winter oversnow activity. Oversnow routes in- season of 2010–2011. clude pullouts or parking areas that (4) May I operate a snowcoach in Yel- are groomed or marked similarly to lowstone National Park? (i) Snowcoaches roadways and are adjacent to des- may only be operated in Yellowstone ignated oversnow routes. An oversnow National Park under a concessions con- route may also be distinguished by the tract. Snowcoach operation is subject interior boundaries of the berm created to the conditions stated in the conces- by the packing and grooming of the sions contract and all other conditions unplowed roadway. The only motorized identified in this section.

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(ii) All non-historic snowcoaches emission limits specified in paragraph must meet NPS air emissions require- (l)(6)(i) of this section. ments, which mean the applicable EPA (B) The snowmobile test procedures emissions standards for the vehicle specified by EPA (40 CFR parts 1051 and that were in effect at the time it was 1065) must be used to measure air emis- manufactured. sions from model year 2004 and later (iii) All critical emission-related ex- snowmobiles. haust components (as listed in 40 CFR (ii) For sound emissions, snowmo- 86.004–25(b)(3)(iii) through (v)) must be biles must operate at or below 73 dBA functioning properly. Such critical as measured at full throttle according emissions-related components may to Society of Automotive Engineers only be replaced with the original J192 test procedures (revised 1985). equipment manufacturer (OEM) com- Snowmobiles may be tested at any bar- ponent, where possible. Where OEM ometric pressure equal to or above 23.4 parts are not available, aftermarket inches Hg uncorrected. The Super- parts may be used if they are certified intendent may revise these testing pro- not to worsen emission and sound char- cedures based on new information and/ acteristics. or updates to the SAE J192 testing pro- (iv) Modifying or disabling a cedures. snowcoach’s original pollution control (iii) Snowmobiles meeting the re- equipment is prohibited except for quirements for air and sound emissions maintenance purposes. may be operated in the park for a period not exceeding 6 years from the (v) Individual snowcoaches may be date upon which first certified. subject to periodic inspections to de- (iv) The Superintendent may prohibit termine compliance with the require- entry into the park of any snowmobile ments of paragraphs (l)(4)(ii) through that has been modified in a manner (l)(4)(iv) of this section. that may adversely affect air or sound (vi) The authority to operate a emissions. snowcoach in Yellowstone National (v) These air and sound emissions re- Park established in paragraph (l)(4)(i) quirements do not apply to snowmo- of this section is in effect only through biles being operated on the Cave Falls the winter season of 2010–2011. Road in Yellowstone. (5) Must I operate a certain model of (7) Where may I operate my snowmobile snowmobile? Only commercially avail- in Yellowstone National Park? (i) You able snowmobiles that meet NPS air may operate your snowmobile only and sound emissions requirements as upon designated oversnow routes estab- set forth in this section may be oper- lished within the park in accordance ated in the park. The Superintendent with § 2.18(c) of this chapter. The fol- will approve snowmobile makes, mod- lowing oversnow routes are so des- els, and years of manufacture that ignated for snowmobile use through meet those requirements. Any snow- the winter of 2010–2011: mobile model not approved by the Su- (A) The Grand Loop Road from its perintendent may not be operated in junction with Upper Terrace Drive to the park. Norris Junction. (6) How will the Superintendent ap- (B) Norris Junction to Canyon Junc- prove snowmobile makes, models, and tion. years of manufacture for use in the park? (C) The Grand Loop Road from Norris (i) Beginning with the 2005 model year, Junction to Madison Junction. all snowmobiles must be certified (D) The West Entrance Road from the under 40 CFR part 1051, to a Family park boundary at West Yellowstone to Emission Limit no greater than 15 g/ Madison Junction. kW-hr for hydrocarbons and to a Fam- (E) The Grand Loop Road from Madi- ily Emission Limit no greater than 120 son Junction to West Thumb. g/kW-hr for carbon monoxide. (F) The South Entrance Road from (A) 2004 model year snowmobiles may the South Entrance to West Thumb. use measured emissions levels (official (G) The Grand Loop Road from West emission results with no deterioration Thumb to its junction with the East factors applied) to comply with the Entrance Road.

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(H) The East Entrance Road from (C) For rubber-tracked snowcoaches Fishing Bridge Junction to the East only, the Grand Loop Road from Upper Entrance. Terrace Drive to the junction of the (I) The Grand Loop Road from its Grand Loop Road and North Entrance junction with the East Entrance Road Road, and within the Mammoth Hot to Canyon Junction. Springs developed area. (J) The South Canyon Rim Drive. (ii) The Superintendent may open or (K) Lake Butte Road. close these oversnow routes, or por- (L) In the developed areas of Madison tions thereof, or designate new routes Junction, Old Faithful, Grant Village, for snowcoach travel after taking into West Thumb, Lake, Fishing Bridge, consideration the location of wintering Canyon, Indian Creek, and Norris. wildlife, appropriate snow cover, public (M) Firehole Canyon Drive, between safety, and other factors. Notice of noon and 9 p.m. each day. such opening or closing shall be pro- (N) North Canyon Rim Drive, be- vided by one of more of the methods tween noon and 9 p.m. each day. listed in § 1.7(a) of this chapter. (O) Riverside Drive, between noon (iii) This paragraph (l)(8) also applies and 9 p.m. each day. to non-administrative snowcoach use (P) Cave Falls Road. by NPS, contractor, or concessioner (ii) The Superintendent may open or employees, and other non-recreational close these routes, or portions thereof, users authorized by the Super- for snowmobile travel after taking into intendent. consideration the location of wintering (9) Must I travel with a commercial wildlife, appropriate snow cover, public guide while snowmobiling in Yellowstone safety, avalanche conditions, and other and what other guiding requirements factors. Notice of such opening or clos- apply? (i) All recreational snowmobile ing will be provided by one or more of operators must be accompanied by a the methods listed in § 1.7(a) of this commercial guide. chapter. (ii) Snowmobile parties must travel (iii) This paragraph (l)(7) also applies in a group of no more than 11 snowmo- to non-administrative over-snow vehi- biles, including that of the guide. cle use by NPS, contractor, or conces- (iii) Guided parties must travel to- sioner employees, or other non-rec- gether within a maximum of one-third reational users authorized by the Su- mile of the first snowmobile in the perintendent. group. (iv) Maps detailing the designated (iv) The guiding requirements de- oversnow routes will be available from scribed in this paragraph (l)(9) do not Park Headquarters. apply to snowmobiles being operated (8) What routes are designated for on the Cave Falls Road. snowcoach use? (i) Authorized (10) Are there limits established for the snowcoaches may be operated on the number of snowmobiles and snowcoaches routes designated for snowmobile use permitted to operate in the park each in paragraphs (l)(7)(i)(A) through day? The number of snowmobiles and (l)(7)(i)(O) of this section. The re- snowcoaches allowed to operate in the stricted hours of snowmobile use de- park each day is limited to a certain scribed in paragraphs (1)(7)(i)(M) number per entrance or location. The through (1)(7)(i)(O) do not apply to limits are listed in the following table: snowcoaches. Snowcoaches may also be operated on the following additional Commercially Commercially Park entrance/location guided guided oversnow routes through the winter of snowmobiles snowcoaches 2010–2011: (A) Fountain Flat Road. (i) North Entrance * ...... 12 13 (B) The Grand Loop Road from Can- (ii) West Entrance ...... 160 34 (iii) South Entrance ...... 114 13 yon Junction to Washburn Hot Springs (iv) East Entrance ...... 20 2 overlook. (v) Old Faithful * ...... 12 16

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Commercially Commercially ardous location or where the view Park entrance/location guided guided might be obscured, or operated so slow- snowmobiles snowcoaches ly as to interfere with the normal flow (vi) Cave Falls ...... ** 50 0 of traffic. * Commercially guided snowmobile tours originating at the (B) Oversnow vehicle drivers must North Entrance and Old Faithful are currently provided solely by Xanterra Parks and Resorts. Because this concessioner is possess a valid motor vehicle driver’s the sole provider at both of these areas, this regulation allows license. A learner’s permit does not reallocation of snowmobiles between the North Entrance and Old Faithful as necessary, so long as the total daily number of satisfy this requirement. The license snowmobiles originating from the two locations does not ex- must be carried by the driver at all ceed 24. For example, the concessioner could operate 6 snowmobiles at Old Faithful and 18 at the North Entrance if times. visitor demand warranted it. This will allow the concessioner (C) Equipment sleds towed by a snow- to respond to changing visitor demand for commercially guided snowmobile tours, thus enhancing the availability of visitor mobile must be pulled behind the snow- services in Yellowstone. mobile and fastened to the snowmobile ** These snowmobiles operate on an approximately 1-mile segment of road within the park where the use is incidental to with a rigid hitching mechanism. other snowmobiling activities in the Caribou-Targhee National (D) Snowmobiles must be properly Forest. These snowmobiles do not need to be guided or to meet NPS air and sound emissions requirements. registered and display a valid registration from a state or province in the (11) When may I operate my snowmobile United States or Canada, respectively. or snowcoach? The Superintendent will determine operating hours and dates. (iii) The Superintendent may impose Except for emergency situations, any other terms and conditions as nec- changes to operating hours will be essary to protect park resources, visi- made on an annual basis, and the pub- tors, or employees. The public will be lic will be notified of those changes notified of any changes through one or through one or more of the methods more methods listed in § 1.7(a) of this listed in § 1.7(a) of this chapter. chapter. (12) What other conditions apply to the (iv) This paragraph (l)(12) also applies operation of oversnow vehicles? (i) The to non-administrative over-snow vehi- following are prohibited: cle use by NPS, contractor, or conces- (A) Idling an oversnow vehicle for sioner employees, or other non-rec- more than 5 minutes at any one time. reational users authorized by the Su- (B) Driving an oversnow vehicle perintendent. while the driver’s motor vehicle license (13) What conditions apply to alcohol or privilege is suspended or revoked. use while operating an oversnow vehicle? (C) Allowing or permitting an unli- In addition to 36 CFR 4.23, the fol- censed driver to operate an oversnow lowing conditions apply: vehicle. (i) Operating or being in actual phys- (D) Driving an oversnow vehicle in ical control of an oversnow vehicle is willful or wanton disregard for the prohibited when the driver is under 21 safety of persons, property, or park re- years of age and the alcohol concentra- sources or otherwise in a reckless man- tion in the driver’s blood or breath is ner. 0.02 grams or more of alcohol per 100 (E) Operating an oversnow vehicle milliliters of blood or 0.02 grams or without a lighted white headlamp and more of alcohol per 210 liters of breath. red taillight. (ii) Operating or being in actual (F) Operating an oversnow vehicle physical control of an oversnow vehicle that does not have brakes in good is prohibited when the driver is a snow- working order. mobile guide or a snowcoach driver and (G) The towing of persons on skis, the alcohol concentration in the opera- sleds, or other sliding devices by tor’s blood or breath is 0.04 grams or oversnow vehicles, except in emer- more of alcohol per 100 milliliters of gency situations. blood or 0.04 grams or more of alcohol (ii) The following are required: per 210 liters of breath. (A) All oversnow vehicles that stop (iii) This paragraph (1)(13) also ap- on designated routes must pull over to plies to non-administrative over-snow the far right and next to the snow vehicle use by NPS, contractor, or con- berm. Pullouts must be used where cessioner employees, or other non-rec- available and accessible. Oversnow ve- reational users authorized by the Su- hicles may not be stopped in a haz- perintendent.

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(14) Do other NPS regulations apply to § 7.14 Great Smoky Mountains Na- the use of oversnow vehicles? (i) The use tional Park. of oversnow vehicles in Yellowstone is (a) Fishing—(1) License. A person fish- subject to §§ 2.18(a) and (c), but not sub- ing within the park must have in pos- ject to §§ 2.18 (b), (d), (e), and 2.19(b) of session the proper State fishing license this chapter. issued by either Tennessee or North (ii) This paragraph (l)(14) also applies Carolina. A holder of a valid resident to non-administrative over-snow vehi- or nonresident license issued by either cle use by NPS, contractor, or conces- State may fish throughout the park ir- sioner employees, or other non-rec- respective of State boundaries, except reational users authorized by the Su- in Closed and Excluded Waters. perintendent. (2) Closed and Excluded Waters. All (15) Are there any forms of non-motor- waters of Mingus Creek, Lands Creek, ized oversnow transportation allowed in Chestnut Branch and that portion of the park? (i) Non-motorized travel con- LeConte Creek as posted through the sisting of skiing, skating, snowshoeing, park residential area of Twin Creeks, or walking is permitted unless other- are closed to and excluded from fish- wise restricted under this section or ing. other NPS regulations. (3) Open Waters. (i) All of the waters (ii) The Superintendent may des- of the Oconaluftee River downstream ignate areas of the park as closed, re- from where it joins with Raven Fork to open such areas, or establish terms and the park boundary and that portion of conditions for non-motorized travel Raven Fork from its junction with the within the park in order to protect Oconaluftee River upstream and paral- visitors, employees, or park resources. leling the Big Cove Road to the park Notice will be made in accordance with boundary are open to fishing in accord- § 1.7(a) of this chapter. ance with the Cherokee Fish and Game (iii) Dog sledding and ski-joring are Management regulations. prohibited. (ii) All other park waters are open to (iv) Bicycles are prohibited on fishing in accordance with National oversnow routes in Yellowstone. Park Service regulations. (16) May I operate a snowplane in Yel- (4) Season. Open all year for rainbow lowstone National Park? The operation and brown trout, smallmouth bass, and of a snowplane in Yellowstone is pro- redeye (rockbass). All other fish are hibited. protected and may not be taken by any (17) Is violating any of the provisions of means. this section prohibited? (i) Violating any (5) Time. Fishing is permitted from of the terms, conditions or require- sunrise to sunset only. ments of paragraphs (l)(1) through (6) Fish and equipment and bait. Fish- (l)(16) of this section is prohibited. ing is permitted only by use of one (ii) Anyone who violates any of the handheld rod and line. terms, conditions or requirements of (i) Only artificial flies or lures hav- this regulation will be considered to ing one single hook may be used. have committed one separate offense (ii) The use or possession of any form for each term, condition or require- of fish bait other than artificial flies or ment that they violate. lures on any park stream while in possession of fishing tackle is prohibited. (m) Swimming. The swimming or (7) Size limits. All trout or bass caught bathing in a natural, historical, or ar- less than the legal length shall be im- cheological thermal pool or stream mediately returned unharmed to the that has waters originating entirely water from which taken. from a thermal spring or pool is pro- (i) No trout or bass less than 7″ in hibited. length may be retained. [36 FR 12014, June 24, 1971] (ii) No size limit on redeye (rockbass). EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 7.13, see the List of CFR (8) Possession limit. (i) Possession Sections Affected, which appears in the limit shall mean and include the num- Finding Aids section of the printed volume ber of trout, bass or redeye (rockbass) and on GPO Access. caught in park waters which may be in

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possession, regardless of whether they nied when such action is necessary to are fresh, stored in ice chests, or other- protect park resources or park visitors, wise preserved. A person must stop and or to regulate levels of visitor use in desist from fishing for the remainder of legislatively-designated wilderness the day upon attaining the possession areas; limit. (2) No person may camp in or with a (ii) Five, fish, trout, bass, or redeye, group of more than nine (9) other per- or a combination thereof, is the max- sons; imum number which a person may re- (3) No person or group may tain in one day or be in possession of at backcountry camp: any one time. (i) Within 250 yards or in view from (9) The superintendent may designate any paved park road or the park bound- certain waters as Experimental Fish ary; Management Waters and issue tem- (ii) Within one-half mile or in view porary and special rules regulating from any automobile campground, fishing use by posting signs and lodge, restaurant, visitor center, picnic issuance of official public notification. area, ranger station, administrative or All persons shall observe and abide by maintenance area, or other park devel- such officially posted rules pertaining opment or facility except a trail, an to these specially designated waters. unpaved road or a trail shelter; (b) Beer and alcoholic beverages. The (iii) On or in view from any trail or possession of beer or any alcoholic bev- unpaved road, or within sight of any erages in an open or unsealed con- sign which has been posted by park au- tainer, except in designated picnic, thorities to designate a no camping camping, or overnight lodging facili- area; ties, is prohibited. (iv) Within view of another camping [24 FR 11041, Dec. 30, 1959, as amended at 31 party, or inside or within view from a FR 5827, Apr. 15, 1966; 32 FR 21038, Dec. 30, trail shelter: Provided, however, That 1967; 33 FR 18156, Dec. 6, 1968; 40 FR 16315, backcountry campers may seek shelter Apr. 11, 1975; 40 FR 25590, June 17, 1975; 48 FR and sleep within or adjacent to a trail 30294, June 30, 1983; 48 FR 31022, July 6, 1983] shelter with other camping groups, during periods of severely unseasonable § 7.15 Shenandoah National Park. weather when the protection and (a) Backcountry camping. For pur- amenities of such shelter are deemed poses of clarification at Shenandoah essential; National Park, ‘‘backcountry camp- (v) Within 25 feet of any stream; and ing’’ is defined as any use of portable (4) No person shall backcountry camp shelter or sleeping equipment in the more than two (2) consecutive nights backcountry. ‘‘Backcountry’’ is defined at a single location. The term ‘‘loca- as those areas of the park which are tion’’ shall mean that particular camp- more than 250 yards from a paved road, site and the surrounding area within a and more than one-half mile from any two hundred fifty (250) yard radius of park facilities other than trails, un- that campsite. paved roads and trail shelters. The Su- (b) Powerless flight. The use of devices perintendent may designate areas designed to carry persons through the where backcountry camping is prohib- air in powerless flight is allowed at ited if there would be potential damage times and locations designated by the to park resources or disruption to superintendent, pursuant to the terms other park uses. Such areas will be and conditions of a permit. marked on maps available in the Su- (c) Sanitation. (1) The possession of perintendent’s office, visitor centers food or beverage in discardable glass and ranger stations. A person or group containers is prohibited in the of persons may camp overnight at any backcountry. other backcountry location within the (2) Except in comfort facilities pro- park, except: vided therefor, no person in the (1) No person or group of persons backcountry shall urinate or defecate traveling together may camp without a within ten (10) yards of any stream, valid backcountry camping permit. trail, unpaved road or park facility. The issuance of this permit may be de- Fecal material must be placed in a hole

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and be covered with not less than three and drink. (1) No restaurant, coffee (3) inches of soil. shop, cafeteria, short order cafe, lunch room, tavern, sandwich stand, soda [24 FR 11041, Dec. 30, 1959, as amended at 28 FR 1797, Feb. 27, 1963; 32 FR 17661, Dec. 12, fountain, or other eating and drinking 1967; 39 FR 9964, Mar. 15, 1974; 48 FR 30294, establishment, including kitchens, or June 30, 1983; 49 FR 18450, Apr. 30, 1984; 52 FR other place in which food and drink is 10686, Apr. 2, 1987; 52 FR 19345, May 22, 1987; prepared for sale elsewhere, may be op- 63 FR 13343, Mar. 19, 1998] erated on any privately-owned lands within Yosemite National Park unless § 7.16 Yosemite National Park. a permit for the operation thereof has (a) Fishing—(1) Open season and limit first been secured from the Super- of catch. The open season for fishing intendent. and the daily bag limit and possession (2) The Superintendent will issue limit shall conform to that of the State such a permit only after an inspection of California for the Central Sierra Re- of the premises to be licensed by the gion, except as otherwise provided by County Health Officer and written no- paragraph (k) of this section. tice that the premises comply with the (2)–(3) [Reserved] substantive requirements of State and (4) Fishing from horseback. Fishing County health laws and ordinances from horseback in any lake or stream which would apply to the premises if is prohibited. the privately-owned lands were not (5) Gathering or securing grubs. Gath- subject to the jurisdiction of the ering or securing grubs for bait United States. through the destruction or tearing (3) The Superintendent or his duly apart of down trees or logs within sight authorized representative shall have of roads, trails or inhabited areas is the right of inspection at all reason- prohibited. able times for the purpose of (b) Closed roads. (1) The road between ascertaining whether eating and drink- Hetch Hetchy Dam and Lake Eleanor is ing establishments are being operated closed to all motor vehicle travel ex- in a sanitary manner. cept vehicles belonging to the United States Government, the State of Cali- (4) No fee will be charged for the fornia, or the City of San Francisco, issuance of such a permit. California. (5) The applicant or permittee may (2) [Reserved] appeal to the Regional Director, Na- (c) Powerless flight. The use of devices tional Park Service, from any final ac- designed to carry persons through the tion of the Superintendent refusing, air in powerless flight is allowed at conditioning or revoking the permit. times and locations designated by the Such an appeal, in writing, shall be superintendent, pursuant to the terms filed within twenty days after receipt and conditions of a permit. of notice by the applicant or permittee (d) [Reserved] of the action appealed from. Any final (e) Camping. (1) Camping is permitted decision of the Regional Director may in Yosemite National Park for not be appealed to the Director of the Na- more than a total of 30 days in any cal- tional Park Service within 15 days endar year: Provided, however, That after receipt of notice by the applicant during the period from June 1 to Sep- or permittee of the Regional Director’s tember 15, inclusive, camping within decision. the Yosemite Valley is limited to not (6) The revocable permit for eating more than a total of 7 days and camp- and drinking establishments and sale ing within all other portions of the of food and drink authorized in this park, during the same period, is lim- paragraph to be issued by the Super- ited to not more than a total of 14 intendent shall contain general regu- days. latory provisions as hereinafter set (2) Quiet shall be maintained at all forth, and will include such special camps between 10 p.m. and 6 a.m. conditions as the Superintendent may (f)–(g) [Reserved] deem necessary to cover existing local (h) Regulations governing eating and circumstances, and shall be in a form drinking establishments and sale of food substantially as follows:

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FRONT OF PERMIT 5. Permittee, his agents, and employees shall take all reasonable precautions to pre- No. lll vent forest fires and shall assist the Super- UNITED STATES intendent to extinguish forest fires within the vicinity of the place of business herein DEPARTMENT OF THE INTERIOR permitted, and in the preservation of good order within the vicinity of the business op- NATIONAL PARK SERVICE erations herein permitted. 6. Failure of the permittee to comply with REVOCABLE PERMIT FOR OPERATION OF EATING all State and County substantive laws and AND DRINKING ESTABLISHMENTS, AND FOR ordinances applicable to eating and drinking SALE OF FOOD AND DRINK establishments and the sale of food and Permission is hereby granted llllllof drink, or to comply with any law or any reg- llllllll, during the period from ulations of the Secretary of the Interior gov- llllllll 19ll to llllllll erning the Park, or with the conditions im- 19ll, inclusive to operate a posed by this permit, will be grounds for rev- (Specify type of establishment) ocation of this permit. on the following described privately-owned 7. No disorderly conduct shall be permitted lands within Yosemite National Park, over on the premises. which the United States exercises exclusive 8. This permit may not be transferred or jurisdiction llllll subject to the gen- assigned without the consent, in writing, of eral provisions and any special conditions the Superintendent. stated on the reverse hereof. 9. Neither Members of, nor Delegates to Issued at llllll this lllll day of Congress, or Resident Commissioners, offi- llllllll, 19ll. cers, agents, or employees of the Department Superintendent of the Interior shall be admitted to any share or part of this permit or derive di- The undersigned hereby accepts this permit rectly or indirectly, any pecuniary benefit subject to the terms, covenants, obligations arising therefrom. and reservations, expressed or implied there- 10. The following special provisions are in. made a part of this permit: Two witnesses to signature(s): 1 lllllllllllllllllllllll (i) Motorboats. Motorboats are prohibited on all the natural lakes and (Address) streams of Yosemite National Park. (j) Domestic water supplies and sewage (Address) disposal systems—(1) Sewage disposal sys- 1 Sign name or names as written in body of tems—(i) Construction. Any dwelling or permit; for copartnership, permittees should establishment constructed on privately sign as ‘‘Members of firm’’; for corporation, owned land within Yosemite National the officer authorized to execute contracts, Park for the purpose of housing one or etc., should sign, with title, the sufficiency more persons must be served by an ap- of such signature being attested by the sec- proved sewage disposal system prior to retary, with corporate seal, in lieu of witnesses. occupancy. Such system may not be initially constructed or rebuilt without REVERSE OF PERMIT a permit issued by the Superintendent. Such permit shall be issued only after GENERAL REGULATORY PROVISIONS OF THIS the receipt by the Superintendent of PERMIT written notification by the County 1. Permittee shall exercise this privilege Health Officer that the plans for such subject to the supervision of the Super- construction or reconstruction are con- intendent of the Park and shall comply with the regulations of the Secretary of the Inte- sistent with the requirements of the rior governing the Park. State and county health laws and ordi- 2. Any building or structure used for the nances applicable to systems not lo- purpose of conducting the business herein cated on lands within the park. permitted shall be kept in a safe, sanitary (ii) Existing systems. Any sewage dis- and sightly condition. posal system which was constructed 3. Permittee shall dispose of brush and and was in use prior to the effective other refuse from the business herein per- date of this regulation shall be subject mitted as required by the Superintendent. 4. Permittee shall pay to the United States to inspection by the County Health Of- for any damage resulting to Government- ficer or his duly authorized representa- owned property from the operation of the tive for the purpose of ascertaining business herein permitted. whether or not such existing sewage

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disposal system would meet the re- lic, regardless of size and whether or quirements of the State and county not constructed and in use prior to the health laws and ordinances were such effective date of this regulation, shall system not located on lands within the be subject to inspection from time to park. In the event such existing system time by the County Health Officer or is found by the Health Officer to be his duly authorized representative for substandard and a hazard to health, the the purpose of ascertaining whether or person, corporation, or other organiza- not such water supply systems meet tion controlling the structure served the requirements of the State and by such system shall have one (1) year county health laws and ordinances. In after service of a written notice by the the event any existing system is found Superintendent to comply with the re- by the Health Officer to be substandard quirements of the State and county and a hazard to health, the person, cor- health laws and ordinances. Such notice shall describe briefly the defi- poration, or other organization con- ciency as noted by the County Health trolling the premises served by such Officer and shall specify what steps system shall have one (1) year after must be taken to achieve conformity service of a written notice by the Su- with health regulations. In the event perintendent to comply with the re- the deficiency described in the notice quirements of the State and county is not remedied within the period set health laws and ordinances. Such no- forth above, the structures affected by tice shall describe briefly the defi- or served by such sewage system shall ciency as noted by the County Health be deemed unfit for human habitation Officer and shall specify what steps and shall be vacated until such defi- must be taken to achieve conformity ciency is remedied and a certificate of with health regulations. In the event approval is filed with the Super- the deficiency described by the notice intendent. is not remedied within the period set (2) Water supply facilities—(i) Con- forth above, the structures affected by struction of new facilities. Domestic such deficiency shall be considered water supply facilities for the use of unfit for human habitation and shall be two (2) or more families or for use of vacated until such deficiency is rem- the general public may not be con- edied and certificate of approval by the structed, installed, or reconstructed on County Health Officer is filed with the the privately owned land within Yo- Superintendent. semite National Park unless the plans (3) The County Health Of- for such facilities are consistent with Inspection. the requirements of State and county ficer or his duly authorized representa- health laws and ordinances which tive shall have the right of inspection would be applicable if such water sup- for the purpose of ascertaining whether ply facilities were located on privately domestic water supplies and sewage owned lands outside of the park. Facili- disposal systems located on privately ties for such a new water supply sys- owned lands within Yosemite National tem shall not be constructed or recon- Park meet State and county health structed without a permit issued by standards. Inspection may be made by the Superintendent. A permit will be the County Health Officer to assure issued only after the receipt by the Su- that construction of such systems, and perintendent of written notification by facilities as may be built, rebuilt, or the County Health Officer that the installed complies with approved plans. plans for the construction or recon- (4) Issuance of permits. Permits for the struction of the water supply system construction or reconstruction of sew- are consistent with the requirements of age or water supply systems shall be the State and county health laws and issued without charge by the Super- ordinances applicable to structures and intendent after written notification by establishments located outside of the the County Health Officer that the park. plans and specifications for any pro- (ii) Existing systems. All water supply posed system are deemed to be in con- systems for the use of two (2) or more formity with the requirements of the families or for use by the general pub-

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State and county health laws and ordi- Address lllllllllllllllllll nances. Any applicant or permittee ag- 1 Sign name or names as written in body of grieved by an action of the Super- permit; for copartnership, permittees should intendent in refusing or in condi- sign as ‘‘Members of firm’’; for corporation tioning a permit for the construction the officer authorized to execute contracts or reconstruction of a sewage disposal etc., should sign, with title, the sufficiency or a water supply system may appeal of such signature being attested by the secretary, with corporate seal, in lieu of wit- to the Regional Director, National nesses Park Service. Such appeal shall be filed in writing within 20 days after re- REVERSE OF PERMIT ceipt of notice by the applicant or per- GENERAL REGULATORY PROVISIONS OF THIS mittee of the action of the Super- PERMIT intendent. A final decision of the Re- gional Director may be similarly ap- 1. Permittee shall construct, build, or rebuild a domestic water system and/or a sew- pealed to the Director of the National age disposal system in accordance with the Park Service within 15 days after re- standards of the Mariposa County Health De- ceipt of notice by the applicant or per- partment. mittee of the Regional Director’s deci- 2. Permittee shall not occupy constructed sion. dwelling or establishment until completion (5) Permits. Permit to construct or re- of a bona fide, operational sewage disposal construct domestic water facilities or a system. sewage disposal system authorized to 3. Failure of the permittee to comply with all State and county laws and ordinances ap- be issued by the Superintendent in this plicable to domestic water supplies and the paragraph shall contain general regu- disposal of sewage, including household latory provisions as hereinafter set waste, or with the conditions imposed by forth and may include such special con- this permit will be grounds for requiring the ditions as the Superintendent deems permittee to vacate the dwelling or estab- necessary. A permit shall be in a form lishment until compliance. substantially as follows: 4. Permittee shall take all reasonable precautions to prevent forest fires and shall as- No. lll sist the Superintendent to extinguish forest fires within the vicinity of the structure UNITED STATES DEPARTMENT OF THE INTERIOR herein permitted. NATIONAL PARK SERVICE 5. This permit may not be transferred or assigned without the consent, in writing, of PERMIT TO CONSTRUCT, BUILD, OR REBUILD DO- the Superintendent. MESTIC WATER SYSTEMS AND SEWAGE DIS- 6. The following special provisions are POSAL SYSTEMS made a part of this permit: Permission is hereby granted lllll of lllll to construct, build, or rebuild a (k) Skelton Lakes and Delaney Creek llllllllllllllllll (Specify from its beginning at the outlet of the water system, sewage disposal system) on lower Skelton Lake to its interception the following described privately owned with the Tuolumne Meadows—Young lands within Yosemite National Park, over Lakes Trail, are closed to all public which the United States exercises exclusive fishing. jurisdiction (l) Motor vehicles driven or moved llllllllllllllllllll sub- upon a park road must be registered ject to the general provisions and any special conditions stated on the reverse hereof. and properly display current license Issued at llllll this lllllll plates. Such registration may be with a day of lllllllll, 19ll. State or other appropriate authority or, in the case of motor vehicles oper- llllllllllllllllllllllll (Superintendent) ated exclusively on park roads, with the superintendent. An annual reg- The undersigned hereby accepts this permit subject to the terms, covenants, obliga- istration fee of $6 will be charged for tions, and reservations, expressed or implied vehicles registered with the super- therein. intendent which are not connected 1 llllllllllll with the operation of the park. Two witnesses to signature(s): (m) Trucking. (1) The fees for special llllllllllllllllllllllll trucking permits issued in emergencies Address lllllllllllllllllll pursuant to paragraph (b) of § 5.6 of this llllllllllllllllllllllll chapter shall be based on the licensed

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capacity of trucks, trailers, or for hire over park roads for sightseeing semitrailers, as follows: purposes. The fees for such permits Trucks, less than 1 ton. shall be as follows: Trucks of 1 ton and over, but not to exceed (1) Fleet operator; equipment that in- 10 tons. cludes any combination of commercial Appropriate automobile permit fee. $5 for passenger-carrying vehicles, including each ton or fraction thereof. taxicabs. Calendar-year permit—$25. (i) The fee charged is for one round (2) Bus operator; equipment limited trip between any two park entrances to a single bus-type vehicle with pas- provided such trip is made within one senger-carrying seat capacity in excess 24-hour period; otherwise the fee is for of eight persons. Calendar-year per- a one-way trip. mit—$20. (ii) Trucks carrying bona fide park (3) Taxicab operator; equipment lim- visitors and/or their luggage or camp- ited to a single vehicle with a capacity ing equipment may enter the park of not over eight passenger-carrying upon payment of the regular recreation seats. Calendar-year permit—$12. fees. (4) The fees for permits issued for (2) The fee provided in paragraph commercial passenger-carrying vehicle (m)(1) of this section also shall apply to operations starting on or after July 1 permits which the superintendent may issue for trucking through one park en- of each calender year will be one-half trance to and from privately owned of the respective rates mentioned in lands contiguous to the park bound- paragraphs (a)(1), (2), and (3) of this aries, except that such fee shall be con- section. sidered an annual vehicle fee covering (b) Use of water. The taking or car- the use of park roads between the point rying away of water, hot or cold, from of access to such property and the any of the springs, fountains, or other nearest park exit connecting with a sources of supply in Hot Springs Na- State or county road. tional Park for the purpose of sale, or for any use other than personal drink- [24 FR 11042, Dec. 30, 1959] ing, is prohibited. EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 7.16, see the List of CFR [24 FR 11042, Dec. 30, 1959, as amended at 32 Sections Affected, which appears in the FR 15710, Nov. 15, 1967; 48 FR 30294, June 30, Finding Aids section of the printed volume 1983] and on GPO Access. § 7.19 Canyon de Chelly National § 7.17 Cuyahoga Valley National Recre- Monument. ation Area. (a) Visitors are prohibited from en- (a) Alcoholic beverages—(1) Possession. tering the canyons of Canyon de Chelly The possession or consumption of a National Monument unless accom- bottle, can, or other receptacle con- panied by National Park Service em- taining an alcoholic beverage which ployees or by authorized guides: Pro- has been opened, a seal broken, or the vided, however, That the Super- contents of which have been partially intendent may designate, by marking removed is prohibited, except in resi- on a map which shall be available for dences or other areas specifically authorized by the superintendent as to public inspection in the Office of the time and place. Superintendent and at other conven- (2) Definition—Alcoholic beverages. ient locations within the monument, canyons or portions thereof which may Any liquid beverage containing 1⁄2 of 1 percent or more of alcohol by weight. be visited or entered without being so accompanied. [47 FR 24299, June 4, 1982] (b) The Superintendent may issue § 7.18 Hot Springs National Park. permits to properly qualified persons to act as guides for the purpose of ac- (a) Commercial Vehicles. Permits shall companying visitors within the can- be required for the operation of com- yons. mercial passenger-carrying vehicles, including taxicabs, carrying passengers [32 FR 13129, Sept. 15, 1967]

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§ 7.20 Fire Island National Seashore. Island for less than 12 months of the (a) Operation of motor vehicles—(1) year. Definitions. The following definitions (x) ‘‘Essential service vehicle’’ means shall apply to all provisions of this any motor vehicle other than a public paragraph (a): utility vehicle whose use on the Island (i) ‘‘Act’’ means the Act of Sep- is essential to the continued use of tember 11, 1964 (Pub. L. 88–587, 78 Stat. residences on the Island. This may in- 928, 16 U.S.C. 459e et seq.), or as the clude vehicles used for the following same may be amended or supple- purposes, while in use for such pur- mented, which authorizes the estab- poses: lishment of the Seashore. (A) Transporting heating fuel and (ii) ‘‘Seashore lands’’ means any bottled gas. lands or interests in lands owned or (B) Sanitation or refuse removal. hereafter acquired by the United (xi) ‘‘Official vehicle’’ means any States within the authorized bound- motor vehicle operated and owned or aries of the Seashore. It shall also leased by a Federal, State, or local gov- mean any lands or interests in lands ernmental agency, except for law en- owned by the United States which are forcement vehicles and fire fighting ap- on the island, outside the authorized paratus, while that vehicle is being boundaries of the Seashore, and man- used to transact the official business of aged for recreational purposes by the that agency. National Park Service pursuant to an (xii) ‘‘Construction and business ve- agreement with another Federal agen- hicle’’ means any motor vehicle other cy. than a public utility vehicle or essen- (iii) ‘‘Island’’ means the entirety of tial service vehicle involved in con- Fire Island, New York; without regard struction, maintenance, or repair of for property ownership, jurisdiction, or structures on the Island or the trans- the boundaries of Fire Island National portation of materials or supplies to Seashore. retail business establishments on the (iv) ‘‘Mainland’’ means the land of Island. Long Island, N.Y. (2) Routes for motor vehicle travel. No (v) ‘‘Motor vehicle’’ means a device motor vehicle may be operated on Sea- which is self-propelled by internal com- shore lands except on routes designated bustion or electrical energy and in, for that purpose and subject to the lim- upon, or by which any person or mate- itations of this paragraph (a). The fol- rial is or may be transported on land. lowing are the routes for off-road (vi) ‘‘Dune crossing’’ means an access motor vehicle travel on Seashore lands, route over a primary dune which has which shall be designated on a map been designated and appropriately available at the office of the Super- posted. intendent or by the posting of signs (vii) ‘‘Public utility vehicle’’ means where appropriate: any motor vehicle operated and owned (i) Along the Atlantic Ocean on the or leased by a public utility or public south shore of Fire Island, within the service company franchised or licensed Seashore boundaries between the wa- to supply, on the island, electricity, ter’s edge and 20 feet seaward of the water, or telephone service, while that beach grass (Ammophila breviligata) vehicle is in use for supplying such line. If the water is higher than this 20- service. foot line, no vehicle travel is per- (viii) ‘‘Year-round residents’’ means mitted. those persons who are legally domi- (ii) A 1-mile route in the interior of ciled on the island and who, in addi- the Island, crossing the ‘‘Lighthouse tion, physically reside in their fixed Tract’’ from the easterly end of the and permanent homes on the island paved road in Robert Moses State Park continuously, except for brief and occa- to the eastern boundary of the Tract, sional absences, for 12 months of the which is the western boundary of the year. community of Lighthouse Shores-Kis- (ix) ‘‘Part-time residents’’ means met Park. those persons who physically and con- (iii) An interior route which extends tinuously reside in their homes on the intermittently the length of the island,

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commonly referred to as the ‘‘Burma be supplied for that purpose. The fol- Road,’’ for limited travel by public lowing will be eligible to submit per- utility and law enforcement vehicles mit applications: and fire fighting apparatus. (i) Those persons who are year-round (iv) Posted dune crossings from the residents. beach to the ‘‘Burma Road’’ or to path- (ii) Those persons who held part-time ways within the island communities. permits prior to January 1, 1978. (3) Alternative means of transportation. (iii) Those persons, firms, partner- In providing for access to the island, ships, corporations, organizations, or the Superintendent shall require max- agencies which provide services essen- imum possible reliance on those means tial to public facilities and the occu- of transportation which are other than pancy of residences on the Island. private motor vehicles and which have (iv) Those persons who desire access the minimum feasible impact on Sea- by motor vehicle to Seashore lands in shore lands. As used in this paragraph order to engage in fishing or hunting (a), the term ‘‘alternative transpor- thereon, provided such access is com- tation’’ shall mean a waterborne con- patible with conservation and preserva- veyance that is licensed for hire and tion of Seashore resources. that provides a reasonable means of (v) Those owners of estates in real transportation between the mainland property located on the Island who and the island. Such alternative trans- have a demonstrated need for tem- portation shall be deemed to exist for porary access to that property on days each particular factual situation in when there is no alternative transpor- which: tation. (i) The schedule of the transportation (vi) Holders of reserved rights of use service in question permits departure and occupancy. from an island terminal before 9 a.m. (6) Standards for issuance of permits. and departure from a mainland ter- Permits will not be issued for the con- minal after 5 p.m. on the same day; and venience of travel on Seashore lands. (ii) When the interval between the The Superintendent shall approve an earliest and latest service provided by application for a motor vehicle permit the transportation service in question with appropriate limitations and re- on any day exceeds 8 hours, such serv- strictions or deny the application, in ice provides at least one round trip be- accordance with the provisions of this tween the mainland and the island dur- paragraph (a). Permits will be issued ing that interval; and only for those motor vehicles whose (iii) The island transportation ter- travel on Seashore lands is deemed by minal in question is no more than one the Superintendent to be essential to mile from the point of origin or des- the management or enjoyment of Sea- tination on the island or from a point shore resources, or to the occupancy of on the island to which access by motor residences or the ownership of real vehicle is permitted; and property on the island. In making this (iv) The mode of transportation in determination, the Superintendent question is adequate to carry the per- shall consider the purposes of the Act son or object to be transported. in providing for the conservation and (4) Permit required. No motor vehicle, preservation of the natural resources of other than a piece of firefighting appa- the Seashore and for the enjoyment of ratus or a motor vehicle operated and these resources by the public; the scope owned or leased by a duly constituted and purpose of such travel; the avail- law enforcement agency having juris- ability of alternative transportation on diction within the Seashore, shall be the day or days when the applicant for operated on Seashore lands without a a permit requests to travel on Seashore valid permit issued by the Super- lands; the present or past issuance of intendent. other permits to the applicant; any (5) Permit eligibility. Any person, firm, limitations on numbers of permits es- partnership, corporation, organization, tablished pursuant to paragraph (a)(8); or agency falling within the categories and, in the case of public utility, serv- listed below may apply to the Super- ice, and official vehicles, the feasibility intendent for a permit, using a form to of basing such vehicles and related

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equipment on the island rather than cording to eligible applicant category, the mainland. are as follows: (7) Vehicle restrictions. Any motor ve- (A) Year-round residents. No more hicle whose owner or operator has been than 145 permits at any time are issued found to qualify for a permit, according to year-round residents. A year-round to the standards set forth in para- resident who is denied a permit because graphs (a) (5) and (6), must, prior to the the limit has been reached is placed on issuance of such permit: a waiting list. When the number of out- (i) Have a valid permit or other au- standing permits drops below 145, per- thorization for operation on the island mits are issued in order of the date of issued by the local government agency receipt of the application. When mul- or agencies within whose jurisdiction tiple applications are received on the the travel is to be performed, if such same day, priority is given to persons permission or authorization is required both living and working full time on by such agency or agencies. the Island. One year-round resident (ii) Be capable of four-wheel drive op- permit is allowed per household. Per- eration. mit applications are mailed by the Su- perintendent by December 1 of each (iii) Have a rated gross vehicle year to those year-round residents eli- weight not in excess of 10,000 pounds, gible to renew their permit. The dead- unless the use of a larger vehicle will line for receipt of completed applica- result in a reduction of overall motor tions is January 31 of the permit year. vehicle travel. Applications received after January 31 (iv) Meet the requirements of are not considered as renewals of exist- § 4.10(c)(3) of this chapter and conform ing permits. Should the 145 limit be to all applicable State laws regarding reached, late applications are placed at licensing, registration, inspection, in- the end of the waiting list. surance, and required equipment. (B) Part-time residents. Permits are (8) Limitations on number of permits. (i) issued only to part-time residents who The Superintendent may limit the held a residential permit as of January total number of permits for motor ve- 1, 1978. No more than 100 part-time hicle travel on Seashore lands, and/or resident permits are issued. A part- limit the number of permits issued for time resident who becomes a year- each category of eligible applicants round resident is eligible to apply for a listed in paragraph (a)(5) of this section year-round resident permit in accord- as the Superintendent deems necessary ance with paragraph (a)(8)(ii)(A) of this for resource protection, public safety, section. A year-round resident permit or visitor enjoyment. In establishing or holder as of January 1, 1978, who no revising such limits, the Super- longer qualifies as a year-round resi- intendent shall consider such factors as dent, may be eligible to obtain a part- the type of use or purpose for which time resident permit as long as the 100 travel is authorized, the availability of limit is not exceeded and the part-time other means of transportation, limits resident definition is satisfied. established by local jurisdictions, his- (C) Holders of reserved rights of use and toric patterns of use, conflicts with occupancy. A holder of a reserved right other users, existing multiple permits of use and occupancy, or a lessee there- held by individuals or a household, aes- of, occupying a property acquired by thetic and scenic values, visitor uses, the National Park Service in the eight- safety, soil, weather, erosion, terrain, mile area described in the Act, is wildlife, vegetation, noise, and man- issued a permit consistent with the agement capabilities. A revision of terms under which the right of use and these limitations shall be published as occupancy is retained. a rule in the FEDERAL REGISTER except (D) Public utility and essential service in emergency situations when closures vehicles. No more than 30 permits at may be imposed in accordance with the any time are issued to public utility provisions of § 1.5 and § 1.7 of this chap- and essential service vehicles. After ter. consultation with the property owners’ (ii) Limitations on permits for motor association of the appropriate unincor- vehicle travel on Seashore lands, ac- porated community or the village clerk

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for the Villages of Ocean Beach and (9) Permit limitations. (i) No permit Saltaire, the Superintendent may ap- issued under these regulations shall be portion permits to allow minimal serv- valid for more than one year. The su- ice needs to each community. perintendent may issue permits for (E) Construction and business vehicles. lesser periods, as appropriate for the No more than 80 permits at any time travel required or the time of year at are issued to construction and business which a permit is issued. vehicles. An operator of a construction (ii) Permits for public utility, serv- or business vehicle who is denied a per- ice, and official vehicles shall specify mit because the limit has been reached the number of vehicles and identify is placed on a waiting list. When the each vehicle whose use is authorized number of outstanding permits drops thereby. Permits for other motor vehi- below 80, permits are issued in order of cles will apply only to the single, spe- the date of receipt of the application. cific vehicle for which issued. An operator of a construction or busi- (iii) Permits are not transferable to ness vehicle may apply for either a 30- another motor vehicle or to a new day-per-job permit or a one-year letter owner or lessee of the vehicle for which permit. Only a year-round construction issued. firm or a year-round business is eligi- (iv) Permits may specify a single or ble for a one-year letter permit and multiple uses or purposes for which only as long as the firm or business re- travel on Seashore lands is permitted. mains in year-round operation. Not- The limitations and restrictions on au- withstanding possession of either a 30- thorized travel set forth in paragraph day permit or a one-year letter permit, (a)(10) of this section shall apply, how- when water transportation is available, ever, depending upon the specific use or a firm or business shall accomplish all purpose for which a permitted motor transportation of materials, supplies, vehicle is being utilized at the time of and crews by use of the nearest avail- travel. able ferry, freight, or other overwater (v) Permits may contain such other transportation method. When water limitations or conditions as the Super- transportation is available, vehicles intendent deems necessary for resource permitted under a 30-day permit may protection, public safety, or visitor en- remain at the job site but must be re- joyment. Limitations may include, but moved upon the completion of the job. will not be limited to, restrictions on (F) Municipal employees. A year-round locations where vehicle travel is au- resident who is a full-time employee of thorized and times, dates, or frequency one of the two villages or of one of the of travel, in accordance with the provi- 15 unincorporated communities identi- sions of this paragraph (a). fied in the Act is eligible for a permit (10) Authorized travel. (i) Except as if such employment necessitates year- specifically provided elsewhere in this round Island residence. Five (5) munic- paragraph (a)(10), travel across Sea- ipal employee permits are available for shore lands by motor vehicles with each village or community except on valid permits will be authorized only the basis of documented community on those days in which the island loca- need. tion, which is the point of origin or (G) Recreational vehicles. Recreational destination of travel or is another vehicles may travel between Smith point to which access by motor vehicle Point and Long Cove along the route is permitted, is not served by alter- described in paragraph (a)(2)(i) of this native transportation. section. A total of 5000 one-way trips When alternative transportation serv- per year are available for the rec- ices satisfy the definition of alter- reational vehicle category. Permits for native transportation in paragraph recreational vehicles may be obtained (a)(3), the schedule of transportation from the Smith Point Visitor Center. services available for the island com- Annual recreational vehicle trip counts munity or communities named in the commence in September of each year permit application shall determine the and conclude the following June or days when travel is not authorized for when the 5000 trip limit is reached, the motor vehicle to which that permit whichever occurs first. applies.

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(ii) Except as provided in paragraph thorized only pursuant to the terms (a)(10)(iii) of this section, on any day and conditions of a permit issued by on which travel by motor vehicle is au- the Superintendent on a case by case thorized due to a lack of alternative basis. transportation, travel shall be limited (vii) In an emergency involving the to not more than one round trip per ve- protection of life or a threatened sub- hicle per day between the mainland stantial loss of property, travel by a and the Island, and may be performed motor vehicle which is under permit is at any time except the following peri- authorized at any time. ods: (viii) The Superintendent may sus- (A) From 9 a.m. to 6 p.m. on all Sat- pend any travel by motor vehicle oth- urdays, Sundays, and national holidays erwise permitted under this paragraph from May 1 through June 13 and from (a) when in his judgment such travel is September 15 through October 31. inconsistent with the purpose of the (B) From 9 a.m. to 6 p.m. on all week- Act or when such factors as weather, days, and from 6 p.m. Friday to 9 a.m. tides, or other physical conditions the following Monday on all weekends, render travel hazardous or would en- from June 14 through September 14. danger Seashore resources. Such sus- (iii) Exceptions. (A) From the Monday pension of travel shall be announced by after Labor Day through the Friday be- the posting of appropriate signs or fore Memorial Day, a year-round resi- verbal order of the Superintendent. dent may make no more than two (ix) In accordance with the proce- round trips per day for residential pur- dures set forth in § 1.5 of this chapter, poses. the Superintendent may establish a (B) The Seashore is closed to all rec- limit on the number of motor vehicles reational vehicles from January 1 permitted on any portion of, or the en- through March 31 and from June 14 tirety of, the Seashore lands at any one through September 14. During the peri- time when such limits are required in ods when the Seashore is open for rec- the interests of public safety, protec- reational vehicle traffic, an operator of a recreational vehicle may make no tion of the resources of the area, or co- more than two round trips per day. On ordination with other visitor uses. weekend days in September and Octo- (x) The provisions of this paragraph ber, a recreational vehicle may enter (a)(10) shall not apply to firefighting the Island until 9:00 a.m. A rec- apparatus or to motor vehicles oper- reational vehicle that has entered the ated and owned or leased by a duly con- Island may then remain or may depart stituted law enforcement agency hav- but may not re-enter the Island until ing jurisdiction within the Seashore. after 6:00 p.m. (11) Rules of travel. (i) When two (iv) The Superintendent may, for sit- motor vehicles approach from opposite uations where the restrictions in para- directions in the same track on Sea- graph (a)(10)(ii) would create a severe shore lands, both operators shall re- hardship, authorize additional trips or duce speed and the operator with the travel at other hours. water to his left shall yield the right of (v) In the case of public utility, serv- way by turning out of the track to the ice, and official vehicles for which per- right. mits have been issued, the Super- (ii) No motor vehicle shall be oper- intendent may authorize travel on Sea- ated on any portion of a dune on Sea- shore lands at any time that he deter- shore lands except at dune crossings. mines travel by such vehicles is essen- (iii) No person shall operate a motor tial, notwithstanding the above limita- vehicle on Seashore lands at a speed in tions and restrictions on authorized excess of 20 miles per hour. travel. (iv) The speed of any motor vehicle (vi) Recurring travel conducted pur- being operated on Seashore lands shall suant to paragraph (a)(10) (iv) or (v) of be reduced to five miles per hour upon this section is authorized only pursu- approaching or passing within 100 feet ant to the terms and conditions of the of any person not in a motor vehicle, or original permit issued by the Super- when passing through or over any dune intendent; single occasion travel is au- crossings.

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(12) Violations. (i) Failure to comply with due caution and regard for per- with the conditions of any permit sons and property and in accordance issued pursuant to this paragraph will with any posted signs or uniform wa- constitute a violation of these regula- terway markers. tions. (5) Aircraft are prohibited from land- (ii) In addition to any penalty re- ing or taking off from any land sur- quired by § 1.3(a) of this chapter for a faces, any estuary, lagoon, marsh, violation of regulations in this para- pond, tidal flat, paved surface, or any graph, the Superintendent may sus- waters temporarily covering a beach; pend or revoke the permit of a motor except with prior authorization of the vehicle involved in such a violation. Superintendent. Permission shall be (b) Operation of Seaplane and Amphib- based on the need for emergency serv- ious Aircraft. (1) Aircraft may be oper- ice, resource protection, resource man- ated on the waters of the Great South agement or law enforcement. Bay and the Atlantic Ocean within the boundaries of Fire Island National Sea- (6) Aircraft operations shall comply shore, except as restricted in § 2.17 of with all Federal, State and county or- this chapter and by the provisions of dinances and rules for operations as paragraph (b)(2) of this section. may be indicated in available naviga- (2) Except as provided in paragraph tion charts or other aids to aviation (b)(3) of this section, the waters of the which are available for the Fire Island Great South Bay and the Atlantic area. Ocean within the boundaries of Fire Is- (c) Information collection. The infor- land National Seashore are closed to mation collection requirements con- take-offs, landings, beachings, ap- tained in this section have been approaches or other aircraft operations proved by the Office of Management at the following locations: and Budget under 44 U.S.C. 3501 et seq. (i) Within 1000 feet of any shoreline, and assigned clearance number 1024– including islands. 0026. This information is being col- (ii) Within 1000 feet of lands within lected in order for the superintendent the boundaries of the incorporated vil- to issue permits and grant administra- lages of Ocean Beach and Saltaire and tive benefits. The obligation to respond the village of Seaview. is required in order to obtain a benefit. (3) Aircraft may taxi on routes per- (d) Personal watercraft. (1) Personal pendicular to the shoreline to and from watercraft (PWC) may operate in the docking facilities at the following loca- following locations and under the fol- tions: lowing conditions: (i) Kismet—located at approximate (i) Great South Bay from the western longitude 73° 121⁄2′ and approximate boundary of the national seashore adja- latitude 40° 381⁄2′. cent to Robert Moses State Park, east (ii) Lonelyville—located at approxi- to the western boundary of the Sunken mate longitude 73° 11′ and approximate Forest, excluding any area within 1,000 latitude 40° 381⁄2′. feet of the shoreline, except as pro- (iii) Atlantique—located at approxi- vided in (ii), including the area sur- mate longitude 73° 101⁄2′ and approxi- rounding East Fire Island and West mate latitude 40° 381⁄2′. (iv) Fire Island Pines—located at ap- Fire Island. (ii) Navigation channels marked by proximate longitude 73° 041⁄2′ and approximate latitude 40° 40′. buoys or identified on the NOAA navi- (v) Water Island—located at approxi- gational chart (12352) to include access mate longitude 73° 02′ and approximate channels to and from Fair Harbor, latitude 40° 401⁄2′. Dunewood, Lonelyville, Atlantique, (vi) Davis Park—located at approxi- Cherry Grove, Fire Island Pines, Davis mate longitude 73° 001⁄2′ and approxi- Park, Moriches Inlet, Kismet, Saltaire, mate latitude 40° 41′. Ocean Beach, Ocean Bay Park, Point (4) Aircraft operation in the vicinity O’Woods, Oakleyville, and Water Is- of marinas, boats, boat docks, floats, land. piers, ramps, bird nesting areas, or (iii) The Long Island Intracoastal bathing beaches must be performed Waterway within the park boundaries.

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(iv) At ‘‘flat wake’’ speeds (maximum route may also be distinguished by the 6 mph) within designated marked chan- interior boundaries of the berm created nels to access town/community docks by the packing and grooming of the and harbors/marinas. unplowed roadway. The only motorized (2) The Superintendent may tempo- vehicles permitted on oversnow routes rarily limit, restrict or terminate ac- are oversnow vehicles. cess to the areas designated for PWC Oversnow vehicle means a snow- use after taking into consideration mobile, snowcoach, or other motorized public health and safety, natural and vehicle that is intended for travel pri- cultural resource protection, and other marily on snow and has been author- management activities and objectives. ized by the Superintendent to operate in the park. An oversnow vehicle that [42 FR 62483, Dec. 13, 1977, as amended at 44 FR 44493, July 30, 1979; 47 FR 11011, Mar. 15, does not meet the definition of a 1982; 50 FR 24511, June 11, 1985; 52 FR 7376, snowcoach must comply with all re- 7377, Mar. 10, 1987; 52 FR 10686, Apr. 2, 1987; 70 quirements applicable to snowmobiles. FR 38767, July 6, 2005] Snowcoach means a self-propelled mass transit vehicle intended for travel § 7.21 John D. Rockefeller, Jr. Memo- on snow, having a curb weight of over rial Parkway. 1,000 pounds (450 kilograms), driven by (a)(1) What is the scope of this section? a track or tracks and steered by skis or The regulations contained in para- tracks, and having a capacity of at graphs (a)(2) through (a)(17) of this sec- least 8 passengers. A snowcoach has a tion apply to the use of snowcoaches maximum size of 102 inches wide, plus and recreational snowmobiles. Except tracks (not to exceed 110 inches over- where indicated, paragraphs (a)(2) all); a maximum length of 35 feet; and through (a)(15) do not apply to non-ad- a Gross Vehicle Weight Rating (GVWR) ministrative oversnow vehicle use by not exceeding 25,000 pounds. NPS, contractor, or concessioner em- Snowmobile means a self-propelled ve- ployees, or other non-recreational hicle intended for travel on snow, with users authorized by the Super- a curb weight of not more than 1,000 intendent. pounds (450 kg), driven by a track or (2) What terms do I need to know? The tracks in contact with the snow, and definitions in this paragraph (a)(2) also which may be steered by a ski or skis apply to non-administrative oversnow in contact with the snow. vehicle use by NPS, contractor, or con- Snowplane means a self-propelled ve- cessioner employees, and other non- hicle intended for oversnow travel and recreational users authorized by the driven by an air-displacing propeller. Superintendent. (3) May I operate a snowmobile in the Commercial guide means a guide who Parkway? You may operate a snow- operates a snowmobile or snowcoach mobile in the Parkway in compliance for a fee or compensation and is au- with use limits, guiding requirements, thorized to operate in the park under a operating hours and dates, equipment, concession contract. In this section, and operating conditions established ‘‘guide’’ also means ‘‘commercial under this section. The Superintendent guide.’’ may establish additional operating Historic snowcoach means a Bom- conditions and will provide notice of bardier snowcoach manufactured in those conditions in accordance with 1983 or earlier. Any other snowcoach is § 1.7(a) of this chapter or in the FED- considered a non-historic snowcoach. ERAL REGISTER. Oversnow route means that portion of (4) May I operate a snowcoach in the the unplowed roadway located between Parkway? Snowcoaches may only be op- the road shoulders and designated by erated in the Parkway under a conces- snow poles or other poles, ropes, fenc- sions contract. Snowcoach operation is ing, or signs erected to regulate subject to the conditions stated in the oversnow activity. Oversnow routes in- concessions contract and all other conclude pullouts or parking areas that ditions identified in this section. are groomed or marked similarly to (5) Where may I operate my snowmobile roadways and are adjacent to des- in the Parkway? (i) You may operate ignated oversnow routes. An oversnow your snowmobile only upon designated

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oversnow routes established within the quirements and daily entry limits in Parkway in accordance with § 2.18(c) of § 7.13(l) of this part. this chapter. The following oversnow (iv) This paragraph (a)(6) also applies routes are so designated for snow- to non-administrative snowcoach use mobile use: by NPS, contractor, or concessioner (A) On U.S. Highway 89/191/287 from employees, or other non-recreational Flagg Ranch to the northern boundary users authorized by the Super- of the Parkway. intendent. (B) Grassy Lake Road from Flagg (7) Must I travel with a commercial Ranch to the western boundary of the guide while snowmobiling in the Park- Parkway. way? Except as may be required under (C) Flagg Ranch developed area. paragraph (a)(5)(iii) of this section, you (ii) The Superintendent may open or are not required to use a guide while close these routes, or portions thereof, snowmobiling in the Parkway. for snowmobile travel after taking into (8) Are there limits established for the consideration the location of wintering numbers of snowmobiles and snowcoaches wildlife, appropriate snow cover, public permitted to operate in the Parkway each safety, and other factors. The Super- day? (i) A limit of 25 snowmobiles per intendent will provide notice of such day applies to the Grassy Lake Road. opening or closing by one or more of (ii) The daily entry limits for snow- the methods listed in § 1.7(a) of this mobiles and snowcoaches on the route chapter. from Flagg Ranch to the South En- (iii) The route described in paragraph trance of Yellowstone are established (a)(5)(i)(A) of this section is subject to in § 7.13(l) of this part. the air and sound emissions require- (9) When may I operate my snowmobile ments, guiding requirements, and daily or snowcoach? The Superintendent will entry limits described in § 7.13(l) of this determine operating hours and dates. part. Except for emergency situations, any (iv) This paragraph (a)(5) also applies changes to operating hours will be to non-administrative oversnow vehi- made on an annual basis and the public cle use by NPS, contractor, or conces- will be notified of those changes sioner employees, or other non-rec- through one or more of the methods reational users authorized by the Su- listed in § 1.7(a) of this chapter. perintendent. (10) What other conditions apply to the (v) Maps detailing the designated operation of oversnow vehicles? (i) The oversnow routes will be available from following are prohibited: Park Headquarters. (A) Idling an oversnow vehicle more (6) What routes are designated for than 5 minutes at any one time. snowcoach use? (i) Authorized (B) Driving an oversnow vehicle snowcoaches may only be operated on while the operator’s motor vehicle li- the routes designated for snowmobile cense or privilege is suspended or re- use in paragraphs (a)(6)(i)(A) and (C) of voked. this section. No other routes are open (C) Allowing or permitting an unli- to snowcoach use, except as provided in censed driver to operate an oversnow (a)(6)(ii) of this section. vehicle. (ii) The Superintendent may open or (D) Driving an oversnow vehicle in close these oversnow routes, or por- willful or wanton disregard for the tions thereof, or designate new routes safety of persons, property, or parkway for snowcoach travel after taking into resources or otherwise in a reckless consideration the location of wintering manner. wildlife, appropriate snow cover, public (E) Operating an oversnow vehicle safety, and other factors. The Super- without a lighted white headlamp and intendent will provide notice of such red taillight. opening or closing by one or more of (F) Operating an oversnow vehicle the methods listed in § 1.7(a) of this that does not have brakes in good chapter. working order. (iii) The routes described in para- (G) Towing persons on skis, sleds or graph (a)(6)(i) of this section are sub- other sliding devices by oversnow vehi- ject to the air and sound emissions re- cles, except in emergency situations.

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(ii) The following are required: (iii) This paragraph (a)(11) also ap- (A) All oversnow vehicles that stop plies to non-administrative oversnow on designated routes must pull over to vehicle use by NPS, contractor, or con- the far right and next to the snow cessioner employees, or other non-rec- berm. Pullouts must be used where reational users authorized by the Su- available and accessible. Oversnow ve- perintendent. hicles may not be stopped in a haz- (12) Do other NPS regulations apply to ardous location or where the view the use of oversnow vehicles? (i) The use might be obscured, or operated so slow- of oversnow vehicles in the Parkway is ly as to interfere with the normal flow subject to § 2.18(a), (b), and (c), but not of traffic. to §§ 2.18(d), (e), and 2.19(b) of this chap- (B) Oversnow vehicle drivers must ter. possess a valid motor vehicle driver’s (ii) This paragraph (a)(12) also applies license. A learner’s permit does not to non-administrative oversnow vehi- satisfy this requirement. The license cle use by NPS, contractor, or conces- must be carried by the driver at all sioner employees, or other non-rec- times. reational users authorized by the Su- (C) Equipment sleds towed by a snow- perintendent. mobile must be pulled behind the snow- (13) Are there any forms of non-motor- mobile and fastened to the snowmobile ized oversnow transportation allowed in with a rigid hitching mechanism. the Parkway? (i) Non-motorized travel (D) Snowmobiles must be properly consisting of skiing, skating, registered and display a valid registra- snowshoeing, or walking is permitted tion from the United States or Canada. unless otherwise restricted under this section or other NPS regulations. (iii) The Superintendent may impose (ii) The Superintendent may des- other terms and conditions as nec- ignate areas of the Parkway as closed, essary to protect park resources, visi- reopen such areas, or establish terms tors, or employees. The Superintendent and conditions for non-motorized trav- will notify the public of any changes el within the Parkway in order to pro- through one or more methods listed in tect visitors, employees, or park re- § 1.7(a) of this chapter. sources. Notice will be made in accord- (iv) This paragraph (a)(10) also ap- ance with § 1.7(a) of this chapter. plies to non-administrative oversnow (14) May I operate a snowplane in the vehicle use by NPS, contractor, or con- Parkway? The operation of a snowplane cessioner employees, or other non-rec- in the Parkway is prohibited. reational users authorized by the Su- (15) Is violating any of the provisions of perintendent. this section prohibited? (i) Violating any (11) What conditions apply to alcohol of the terms, conditions or require- use while operating an oversnow vehicle? ments of paragraphs (a)(3) through In addition to 36 CFR 4.23, the fol- (a)(14) of this section is prohibited. lowing conditions apply: (ii) Anyone who violates any of the (i) Operating or being in actual phys- terms, conditions or requirements of ical control of an oversnow vehicle is this regulation will be considered to prohibited when the driver is under 21 have committed one separate offense years of age and the alcohol concentra- for each term, condition or require- tion in the driver’s blood or breath is ment that they violate. 0.02 grams or more of alcohol per 100 (b) [Reserved] milliliters of blood or 0.02 grams or more of alcohol per 210 liters of breath. [74 FR 60190, Nov. 20, 2009] (ii) Operating or being in actual physical control of an oversnow vehicle § 7.22 Grand Teton National Park. is prohibited when the driver is a snow- (a) Aircraft—Designated airstrip. (1) mobile guide or a snowcoach driver and Jackson Airport, located in SE1⁄4SE1⁄4 the alcohol concentration in the opera- sec. 10, SE1⁄4 and S1⁄2SW1⁄4 sec. 11, S1⁄2 tor’s blood or breath is 0.04 grams or and NW1⁄4 sec. 14, NW1⁄4NE1⁄4 and E1⁄2 more of alcohol per 100 milliliters of NE1⁄4 sec. 15, T. 42 N., R. 116 W., 6th blood or 0.04 grams or more of alcohol Principal Meridian. per 210 liters of breath. (2) [Reserved]

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(b) Fishing. (1) The following waters ble thereto after reasonable notice of are closed to fishing: The Snake River default. for a distance of 150 feet below the (iii) Members of the immediate fam- downstream face of Jackson Lake ily are those persons who are related to Dam; Swan Lake; Sawmill Ponds; and directly dependent upon a person Hedrick’s Pond; Christian Ponds; and or persons, living on or conducting Cottonwood Creek from the outlet of grazing operations from lands, as of Jenny Lake downstream to the Saddle September 14, 1950, which the National Horse Concession Bridge. Park Service recognized as base lands (2) Fishing from any bridge or boat appurtenant to grazing privileges in dock is prohibited. the park. Such interpretation excludes (3) Bait: The use or possession of fish mature children who, as of that date, eggs or fish for bait is prohibited, ex- were established in their own house- cept it shall be permissible to possess holds and were not directly dependent or use the following dead, nongame fish upon the base lands and appurtenant for bait on or along the shores of Jack- grazing recognized by the National son Lake: Redside shiner, speckled Park Service. dace, longnose dace, piute sculpin, (iv) If title to base lands lying out- mottled sculpin, Utah chub, Utah suck- side the park is conveyed, or such base er, bluehead sucker, and mountain lands are leased to someone other than sucker. Authorized marine bait dealers a member of the immediate family of at Jackson Lake may retain live bait the permittee as of September 14, 1950, fish in containers: Provided, That such the grazing preference shall be recog- fish have been taken from Jackson nized only for a period of twenty-five Lake or waters draining into Jackson years from September 14, 1950. Lake: And provided further, That such (v) If title to a portion or part of the bait fish are dead when sold. base land either outside or inside the (c) Stock grazing. (1) Privileges for the park is conveyed or such base lands are grazing of domestic livestock based on leased, the new owner or lessee will authorized use of certain areas at the time of approval of the Act of Sep- take with the land so acquired or tember 14, 1950 (64 Stat. 849, Pub. L. leased, such proportion of the entire 787), shall continue in effect or shall be grazing privileges as the grazing capac- renewed from time to time, except for ity in animal unit months of the tract failure to comply with such terms and conveyed or leased bears to the origi- conditions as may be prescribed by the nal area to which a grazing privilege Superintendent in these regulations was appurtenant and recognized. Con- and after reasonable notice of default veyance or lease of all such base lands and subject to the following provisions will automatically convey all grazing of tenure: privileges appurtenant thereto. (i) Grazing privileges appurtenant to (vi) Grazing privileges which are ap- privately owned lands located within purtenant to base lands located either the park shall not be withdrawn until inside or outside the park shall not be title to the lands to which such privi- conveyed separately therefrom. leges are appurtenant shall have vested (2) Where no reasonable ingress or in the United States except for failure egress is available to permittees or to comply with the regulations applica- nonpermittees who must cross Park ble thereto after reasonable notice of lands to reach grazing allotments on default. non-Federal lands within the exterior (ii) Grazing privileges appurtenant to boundary of the Park or adjacent privately owned lands located outside thereto, the Superintendent will grant, the park shall not be withdrawn for a upon request a temporary nonfee an- period of twenty-five years after Sep- nual permit to herd stock on a des- tember 14, 1950, and thereafter shall ignated driveway which shall specify continue during the lifetime of the the time to be consumed in each single original permittee and his heirs if they drive. The breach of any of the terms were members of his immediate family or conditions of the permit shall be as described herein, except for failure grounds for termination, suspension, or to comply with the regulations applica- reduction of these privileges.

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(3) Grazing preferences are based on (ii) The Superintendent may require actual use during the period March 15, the permittee before driving livestock 1938 through September 14, 1950 and no to or from the grazing allotment to increase in the number of animals or gather his livestock at a designated animal unit months will be allowed on time and place for the purpose of Federal lands in the park. counting the same. (4)(i) A permittee whose grazing (iii) Stock will be allowed to graze privilege is appurtenant to privately only on the allotment designated in owned lands within the park will be the permit. granted total nonuse or reduced bene- (iv) The permittee shall file with the fits for one or more years without nul- Superintendent a copy of his stock lifying his privilege in subsequent brand or other mark. years. (v) The permittee shall, upon notice (ii) A permittee whose privilege is ap- from the Superintendent that the al- purtenant to base lands outside the lotment designated in the permit is not park may be granted total nonuse on a ready to be grazed at the beginning of year to year basis not to exceed three the designated grazing season, place no consecutive years. Total nonuse be- livestock on the allotment for such a yond this time may be granted if neces- period as may be determined by the Su- sitated for reasons clearly outside the perintendent as necessary to avoid control of the permittee. Total unau- damage to the range. All, or a portion thorized nonuse beyond three consecu- of the livestock shall be removed from tive years will result in the termi- the area before the expiration of the nation and loss of all grazing privi- designated grazing season if the Super- leges. intendent determines further grazing (iii) Whenever partial or total non- would be detrimental to the range. The use is desired, an application must be number of stock and the grazing period made in writing to the Superintendent. may be adjusted by the Superintendent (5) Grazing fees shall be the same as at any time when such action is those approved for the Teton National deemed necessary for the protection of Forest and will be adjusted accord- the range. ingly. (vi) No permit shall be issued or re- (6) Permittees or nonpermittees who newed until payment of all fees and have stock on Federal lands within the other amounts due the National Park park at any time or place, when or Service has been made. Fees for per- where herding or grazing is unauthor- mits are due the National Park Service ized may be assessed fifty cents per day and must be paid at least 15 days in ad- per animal as damages. vance of the grazing period. No permit (7) The Superintendent may accept a shall be effective to authorize grazing written relinquishment or waiver of use thereunder until all fees and other any privileges; however, no such relin- amounts due the National Park Service quishment or waiver will be effective have been paid. A pro rata adjustment without the written consent of the of fees will be made in the event of re- owner or owners of the base lands. duction of grazing privileges granted in (8) Permits. Terms and conditions. the permit, except that not more than The issuance and continued effective- 50 percent of the total annual grazing ness of all permits will be subject, in fee will be refunded in the event re- addition to mandatory provisions reduced grazing benefits are taken at the quired by Executive Order or law, to election of the permittee after his the following terms and conditions: stock are on the range. (i) The permittee and his employees (vii) No building or other structure shall use all possible care in preventing shall be erected nor shall physical im- forest and range fires, and shall assist provements of any kind be established in the extinguishing of forest and range under the permit except upon plans and fires on, or within, the vicinity of the specifications approved by the Na- land described in the permit, as well as tional Park Service. Any such facili- in the preservation of good order with- ties, structures, or buildings may be re- in the boundaries of the park. moved or disposed of to a successor

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permittee within three months fol- Phelps Lakes. On Jenny Lake, motor- lowing the termination of the permit; boats are restricted to motors not in otherwise they shall become the prop- excess of 71⁄2 horsepower. Additionally, erty of the United States without com- on Jenny Lake, an authorized boating pensation therefor. concessioner may operate motorboats (viii) The permittee shall utilize the under conditions specified by the Su- lands covered by the permit in a man- perintendent. ner approved and directed by the Su- (2) Hand-propelled vessels may be perintendent which will prevent soil used on Jackson, Jenny, Phelps, Emma erosion thereon and on lands adjoining Matilda, Two Ocean, Taggart, Bradley, same. Bearpaw, Leigh, and String Lakes and (ix) The right is reserved to adjust on the Snake River, except within 1,000 the fees specified in the permit at any feet of the downstream face of Jackson time to conform with the fees approved Lake Dam. All other waters are closed for Teton National Forest, and the per- to boating. mittee shall be furnished a notice of (3) Sailboats may be used only on any change of fees. Jackson Lake. (x) All livestock are considered as (4) No person except an authorized mature animals at six months of age concessioner shall moor or beach a ves- and are so counted in determining ani- sel on the shore of a designated harbor mal unit months and numbers of ani- area, except in an emergency. mals. (f) Management of elk. The laws and (xi) The Superintendent may pre- scribe additional terms and conditions regulations of the State of Wyoming to meet individual cases. shall govern elk management as asso- (9) The breach of any of the terms or ciated with formal reduction programs. conditions of the permit shall be Such Wyoming laws and regulations grounds for termination, suspension, or which are now or will hereafter be in reduction of grazing privileges. effect are hereby incorporated by ref- (10) Appeals from the decision of the erence as a part of the regulations in Superintendent to the Regional Direc- this part. tor and from the Regional Director to (g)(1) What is the scope of this section? the Director shall be made in accord- The regulations contained in para- ance with the National Park Service graphs (g)(2) through (g)(20) of this sec- Order No. 14, as amended (19 FR 8824) tion are intended to apply to the use of and Regional Director, Order No. 3, as snowcoaches and recreational snowmo- amended (21 FR 1494). biles. Except where indicated, para- (11) Nothing in these regulations graphs (g)(2) through (g)(20) do not shall be construed as to prevent the en- apply to non-administrative over-snow forcement of the provisions of the gen- vehicle use by NPS, contractor, or con- eral rules and regulations and the spe- cessioner employees, or other non-rec- cial rules and regulations of the Na- reational users authorized by the Su- tional Park Service or of any other perintendent. provisions of said rules and regulations (2) What terms do I need to know? The applicable to stock grazing. definitions in this paragraph (g)(2) also (d) Camping. (1) No person, party, or apply to non-administrative oversnow organization shall be permitted to vehicle use by NPS, contractor, or con- camp more than 30 days in a calendar cessioner employees, or other non-rec- year in designated sites within the reational users authorized by the Su- Park. perintendent. (2) Except in group campsites and (i) Commercial guide means a guide backcountry sites, camping is limited who operates as a snowmobile or to six persons to a site. snowcoach guide for a fee or compensa- (3) Registration is required for camp- tion and is authorized to operate in the ing at the Jenny Lake Campground; park under a concession contract. In camping in this campground shall not this section, ‘‘guide’’ also means exceed 10 days in any calendar year. ‘‘commercial guide.’’ (e) Vessels. (1) Motorboats are prohib- (ii) Historic snowcoach means a Bom- ited except on Jackson, Jenny, and bardier snowcoach manufactured in

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1983 or earlier. Any other snowcoach is operating conditions and provide no- considered a non-historic snowcoach. tice of those conditions in accordance (iii) Oversnow route means that por- with § 1.7(a) of this chapter or in the tion of the unplowed roadway located FEDERAL REGISTER. between the road shoulders and des- (4) May I operate a snowcoach in ignated by snow poles or other poles, Grand Teton National Park? It is prohib- ropes, fencing, or signs erected to regu- ited to operate a snowcoach in Grand late oversnow activity. Oversnow Teton National Park except as author- routes include pullouts or parking ized by the Superintendent. areas that are groomed or marked (5) Must I operate a certain model of similarly to roadways and are adjacent snowmobile in the park? Only commer- to designated oversnow routes. An cially available snowmobiles that meet oversnow route may also be distin- NPS air and sound emissions require- guished by the interior boundaries of ments as set forth in this section may the berm created by the packing and grooming of the unplowed roadway. be operated in the park. The Super- The only motorized vehicles permitted intendent will approve snowmobile on oversnow routes are oversnow vehi- makes, models, and years of manufac- cles. ture that meet those requirements. (iv) Oversnow vehicle means a snow- Any snowmobile model not approved mobile, snowcoach, or other motorized by the Superintendent may not be op- vehicle that is intended for travel pri- erated in the park. marily on snow and has been author- (6) How will the Superintendent ap- ized by the Superintendent to operate prove snowmobile makes, models, and in the park. An oversnow vehicle that years of manufacture for use in Grand does not meet the definition of a Teton National Park? (i) Beginning with snowcoach must comply with all re- the 2005 model year, all snowmobiles quirements applicable to snowmobiles. must be certified under 40 CFR Part (v) Snowcoach means a self-propelled 1051, to a Family Emission Limit no mass transit vehicle intended for travel greater than 15 g/kW-hr for hydro- on snow, having a curb weight of over carbons and to a Family Emission 1,000 pounds (450 kilograms), driven by Limit no greater than 120 g/kW-hr for a track or tracks and steered by skis or carbon monoxide. tracks, and having a capacity of at (A) 2004 model year snowmobiles may least 8 passengers. A snowcoach has a use measured air emissions levels (offi- maximum size of 102 inches wide, plus cial emission results with no deteriora- tracks (not to exceed 110 inches over- tion factors applied) to comply with all); a maximum length of 35 feet; and the air emission limits specified in a Gross Vehicle Weight Rating (GVWR) paragraph (g)(6)(i) of this section. not exceeding 25,000 pounds. (B) Snowmobiles manufactured be- (vi) Snowmobile means a self-propelled fore the 2004 model year may be oper- vehicle intended for travel on snow, ated only if they have shown to have with a curb weight of not more than air emissions no greater than the re- 1,000 pounds (450 kg), driven by a track or tracks in contact with the snow, and quirements identified in paragraph which may be steered by a ski or skis (g)(6)(i) of this section. in contact with the snow. (C) The snowmobile test procedures (vii) Snowplane means a self-propelled specified by EPA (40 CFR parts 1051 and vehicle intended for oversnow travel 1065) must be used to measure air emis- and driven by an air-displacing pro- sions from model year 2004 and later peller. snowmobiles. Equivalent procedures (3) May I operate a snowmobile in may be used for earlier model years. Grand Teton National Park? You may (ii) For sound emissions, snowmo- operate a snowmobile in Grand Teton biles must operate at or below 73 dBA National Park in compliance with use as measured at full throttle according limits, operating hours and dates, to Society of Automotive Engineers equipment, and operating conditions J192 test procedures (revised 1985). established under this section. The Su- Snowmobiles may be tested at any bar- perintendent may establish additional ometric pressure equal to or above 23.4

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inches Hg uncorrected. The Super- (iv) Maps detailing the designated intendent may revise these testing pro- oversnow route will be available from cedures based on new information and/ Park Headquarters. or updates to the SAE J192 testing pro- (8) Must I travel with a commercial cedures. guide while snowmobiling in Grand Teton (iii) Snowmobiles meeting the re- National Park? You are not required to quirements for air and sound emissions use a guide while snowmobiling in may be operated in the park for a pe- Grand Teton National Park. riod not exceeding 6 years from the (9) Are there limits established for the date upon which first certified, except number of snowmobiles permitted to oper- that snowmobiles being operated on ate in the park each day? (i) The number Jackson Lake may continue to be oper- of snowmobiles allowed to operate in ated up to 10 years, provided that these the park each day on Jackson Lake is snowmobiles’ mileage does not exceed 25. 6,000 miles. (ii) The Superintendent may adjust (iv) Snowmobiles will be exempt from this number up or down, not to exceed these air and sound emissions require- a daily limit of 40 snowmobiles, after ments while in use to access lands au- taking into consideration the location thorized by paragraphs (g)(16) and of wintering wildlife, appropriate snow (g)(18) of this section. cover, noise monitoring results, public (v) The Superintendent may prohibit safety and other factors. The Super- entry into the park of any snowmobile intendent will provide notice of such that has been modified in a manner adjustment by one or more of the that may adversely affect air or sound methods listed in § 1.7(a) of this chap- emissions. ter. (7) Where may I operate my snowmobile (10) When may I operate my snow- in the park? (i) You may operate your mobile? The Superintendent will deter- snowmobile upon the frozen water sur- mine operating hours and dates. Except face of Jackson Lake, a route estab- for emergency situations, any changes lished in accordance with § 2.18(c) of to operating hours or dates will be this chapter, under the following condi- made on an annual basis, and the pub- tions: lic will be notified of those changes (A) You are ice fishing, and licensed through one or more of the methods or otherwise permitted to fish in Wyo- listed in § 1.7(a) of this chapter. ming; (11) What other conditions apply to the (B) You possess the proper fishing operation of oversnow vehicles? (i) The gear; and following are prohibited: (C) You limit your snowmobile travel (A) Idling an oversnow vehicle more to a direct route to and from and be- than 5 minutes at any one time. tween fishing locations on the lake. (B) Driving an oversnow vehicle (ii) The Superintendent may open or while the operator’s motor vehicle li- close this route, or portions thereof, cense or privilege is suspended or re- for snowmobile travel, and may estab- voked. lish separate zones for motorized and non-motorized uses on Jackson Lake, (C) Allowing or permitting an unli- after taking into consideration the lo- censed driver to operate an oversnow cation of wintering wildlife, appro- vehicle. priate snow cover, public safety and (D) Driving an oversnow vehicle in other factors. The Superintendent will willful or wanton disregard for the provide notice of such opening or clos- safety of persons, property, or park re- ing by one or more of the methods list- sources or otherwise in a reckless man- ed in § 1.7(a) of this chapter. ner. (iii) This paragraph (g)(7) also applies (E) Operating an oversnow vehicle to non-administrative over-snow vehi- without a lighted white headlamp and cle use by NPS, contractor, or conces- red taillight. sioner employees, or other non-rec- (F) Operating an oversnow vehicle reational users authorized by the Su- that does not have brakes in good perintendent. working order.

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(G) The towing of persons on skis, blood or 0.04 grams or more of alcohol sleds or other sliding devices by per 210 liters of breath. oversnow vehicles. (iii) This paragraph (g)(12) also ap- (ii) The following are required: plies to non-administrative over-snow (A) All oversnow vehicles that stop vehicle use by NPS, contractor, or con- on designated routes must pull over to cessioner employees, or other non-rec- the far right and next to the snow reational users authorized by the Su- berm. Pullouts must be used where perintendent. available and accessible. Oversnow ve- (13) Do other NPS regulations apply to hicles may not be stopped in a haz- the use of oversnow vehicles? The use of ardous location or where the view oversnow vehicles in Grand Teton is might be obscured, or operated so slow- subject to § 2.18(a), (b), and (c), but not ly as to interfere with the normal flow subject to § 2.18(d) and (e) and § 2.19(b) of traffic. of this chapter. (B) Oversnow vehicle drivers must (14) Are there any forms of non-motor- possess a valid motor vehicle driver’s ized oversnow transportation allowed in license. A learner’s permit does not the park? satisfy this requirement. The license (i) Non-motorized travel consisting of must be carried by the driver at all skiing, skating, snowshoeing, or walk- times. ing is permitted unless otherwise re- (C) Equipment sleds towed by a snow- stricted under this section or other mobile must be pulled behind the snow- NPS regulations. mobile and fastened to the snowmobile (ii) The Superintendent may des- with a rigid hitching mechanism. ignate areas of the park as closed, re- (D) Snowmobiles must be properly open such areas, or establish terms and registered and display a valid registra- conditions for non-motorized travel tion from the United States or Canada. within the park in order to protect (iii) The Superintendent may impose visitors, employees, or park resources. other terms and conditions as nec- (iii) Dog sledding and ski-joring are essary to protect park resources, visi- prohibited. tors, or employees. The Superintendent (15) May I operate a snowplane in the will notify the public of any changes park? The operation of a snowplane in through one or more methods listed in Grand Teton National Park is prohib- § 1.7(a) of this chapter. ited. (iv) This paragraph (g)(11) also ap- (16) May I continue to access public plies to non-administrative over-snow lands via snowmobile through the park? vehicle use by NPS, contractor, or con- Reasonable and direct access, via snow- cessioner employees, or other non-rec- mobile, to adjacent public lands will reational users authorized by the Su- continue to be permitted on the des- perintendent. ignated routes through the park identi- (12) What conditions apply to alcohol fied in the following paragraphs use while operating an oversnow vehicle? (g)(16)(i) through (iv). Requirements es- In addition to 36 CFR 4.23, the fol- tablished in this section related to air lowing conditions apply: and sound emissions, daily entry lim- (i) Operating or being in actual phys- its, snowmobile operator age, guiding, ical control of an oversnow vehicle is and licensing do not apply on these prohibited when the driver is under 21 oversnow routes. The following routes years of age and the alcohol concentra- are designated for access via snow- tion in the driver’s blood or breath is mobile to public lands: 0.02 grams or more of alcohol per 100 (i) From the parking area at Shadow milliliters or blood or 0.02 grams or Mountain directly along the unplowed more of alcohol per 210 liters of breath. portion of the road to the east park (ii) Operating or being in actual boundary. physical control of an oversnow vehicle (ii) Along the unplowed portion of is prohibited when the driver is a snow- the Ditch Creek Road directly to the mobile guide or a snowcoach operator east park boundary. and the alcohol concentration in the (iii) The Continental Divide Snow- driver’s blood or breath is 0.04 grams or mobile Trail (CDST) along U.S. 26/287 more of alcohol per 100 milliliters of from the east park boundary to a point

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approximately 2 miles east of Moran provide reasonable access to inholdings Junction. If necessary for the proper or adjacent private property. administration of visitor use and re- (viii) Maps detailing designated source protection, the Superintendent routes will be available from Park may extend this designated route to Headquarters. the Moran Entrance Station. (19) For what purpose may I use the (iv) The Superintendent may des- routes designated in paragraph (g)(18) of ignate additional routes if necessary to this section? The routes designated in provide access to other adjacent public paragraph (g)(18) of this section are lands. only to access private property within (17) For what purpose may I use the or directly adjacent to the park bound- routes designated in paragraph (g)(16) of ary. Use of these roads via snowmobile is authorized only for the landowners this section? You may only use those and their representatives or guests. routes designated in paragraph (g)(16) Use of these roads by anyone else or for of this section to gain direct access to any other purpose is prohibited. public lands adjacent to the park (20) Is violating any of the provisions of boundary. this section prohibited (i) Violating any (18) May I continue to access private of the terms, conditions or require- property within or adjacent to the park ments of paragraphs (g)(3) through via snowmobile? The Superintendent (g)(19) of this section is prohibited. may establish reasonable and direct (ii) Anyone who violates any of the snowmobile access routes to the terms, conditions or requirements of inholding or to private property adja- this regulation will be considered to cent to park boundaries for which have committed one separate offense other routes or means of access are not for each term, condition or require- reasonably available. Requirements es- ment that they violate. tablished in this section related to air and sound emissions, snowmobile oper- [24 FR 11043, Dec. 30, 1959, as amended at 27 ator age, licensing, and guiding do not FR 9515, Sept. 26, 1962; 32 FR 7772, May 27, 1967; 36 FR 16065, Aug. 19, 1971; 48 FR 19171, apply on these oversnow routes. The Apr. 28, 1983; 48 FR 30294, June 30, 1983; 60 FR following routes are designated for ac- 13630, Mar. 14, 1995; 60 FR 55791, Nov. 3, 1995; cess to private properties within or ad- 66 FR 7267, Jan. 22, 2001; 67 FR 69477, Nov. 18, jacent to the park: 2002; 68 FR 69287, Dec. 11, 2003; 69 FR 65364, (i) From the Antelope Flats Road off Nov. 10, 2004; 72 FR 70802, Dec. 13, 2007; 73 FR U.S. 26/89/191 to private lands in the 74610, Dec. 9, 2008; 74 FR 60192, Nov. 20, 2009] Craighead Subdivision. § 7.23 Badlands National Park. (ii) The unplowed portion of the Teton Park Road to the piece of land (a) Commercial vehicles. (1) Notwith- commonly referred to as the ‘‘Town- standing the prohibition of commercial send Property.’’ vehicles set forth in § 5.6 of this chap- (iii) From the Moose-Wilson Road to ter, local commercial vehicles may op- the land commonly referred to as the erate on the park road between the ‘‘Barker Property.’’ Northeast entrance and the Interior entrance in accordance with the provi- (iv) From the Moose-Wilson Road to sions of this section. the property commonly referred to as (2) The term ‘‘Local Commercial Ve- the ‘‘Halpin Property.’’ hicles’’, as used in this section, will in- (v) From Highway 26/89/191 to those clude the definition of ‘‘commercial ve- lands commonly referred to as the hicle’’ in § 5.6(a), but specifically in- ‘‘Meadows’’, the ‘‘Circle EW Ranch’’, cludes only those vehicles that origi- the ‘‘Moulton Property’’, the nate from, or are destined to, the fol- ‘‘Levinson Property’’ and the lowing U.S. Postal Service ZIP code ‘‘Macmahon Property.’’ areas: (vi) From Cunningham Cabin pullout on U.S. 26/89/191 near Triangle X to the Allen 57714 piece of land commonly referred to as Belvedere 57521 Cottonwood 57775 the ‘‘Lost Creek Ranch.’’ Creighton 57729 (vii) The Superintendent may des- Interior 57750 ignate additional routes if necessary to Kadoka 57543

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Kyle 57752 may condition such permits on the use Long Valley 57547 of special routes within the park in Owanka 57767 order to minimize impacts to park fa- Philip 57567 Scenic 57780 cilities and resources and also may Wall 57790 issue permits when the transportation Wanblee 57577 or use of such vehicles is necessary for Wasta 57791 access to lands within or adjacent to (3) The Superintendent may require a the park area to which access is other- permit and establish terms and condi- wise not available as provided in 36 tions in accordance with § 1.6 of this CFR 5.6. chapter for the operation of local com- (7) Operating without, or violating a mercial vehicles on the park road be- term or condition of, a permit issued in tween the park’s Northeast and Inte- accordance with this section is prohib- rior entrances. The Superintendent ited. In addition, violating a term or may charge a fee for any permits condition of a permit may result in the issued to commercial vehicles in ac- suspension or revocation of the permit. cordance with a fee schedule estab- (b) [Reserved] lished annually. [62 FR 2580, Jan. 17, 1997] (4) The commercial transport on the park road between the Northeast and § 7.24 Upper Delaware Scenic and Rec- Interior entrances of any substance or reational River. combination of substances, including Fishing. Fishing in any manner au- any hazardous substance, hazardous thorized under applicable State law is material, or hazardous waste that re- allowed. quires placarding, or any marine pollutant that requires marking, as de- [53 FR 3748, Feb. 9, 1988] fined in 49 CFR Subtitle B, is prohibited; except for local bulk deliveries of § 7.25 Hawaii Volcanoes National Park. gasoline, fuel oil and LP gas; provided, (a) Fishing—(1) Commercial fishing. however, that the Superintendent may Commercial fishing from parklands issue permits for the transportation of (above the high waterline) other than such substance or combination of sub- as provided for below is prohibited. stances, including hazardous waste, in (2) Nets. The use of nets in fishing emergencies, and may issue permits from parklands (above the high water- when such transportation is necessary line) except for throw nets, is prohib- for access to lands within or adjacent ited. to the park area to which access is oth- (3) Kalapana extension area; special erwise not available as provided in 36 fishing privileges. (i) Pursuant to the act CFR 5.6. of June 20, 1938 (52 Stat. 781; 16 U.S.C. (5) The operator of a motor vehicle 391b and 396a) Native Hawaiian resi- transporting any hazardous substance, dents of the villages adjacent to the hazardous material, hazardous waste, Kalapana extension area added to the or marine pollutant in accordance with park by the above act and visitors a permit issued under this section, is under their guidance are granted the not relieved in any manner from com- exclusive privileges of fishing or gath- plying with all applicable regulations ering seafood from parklands (above in 49 CFR Subtitle B, or with any other the high waterline) along the coastline State or Federal laws and regulations of such extension area. These persons applicable to the transportation of any may engage in commercial fishing hazardous substance, hazardous mate- under proper State permit. rial, hazardous waste, or marine pollut- (ii) For the purposes of this section, ant. the term ‘‘native Hawaiian’’ means any (6) The transportation or use of over- descendent of not less than one-half size or overweight commercial vehicles part of the blood of the races inhab- on the park road between the North- iting the Hawaiian Islands previous to east and Interior entrances is prohib- 1778 (Act of June 20, 1938; 52 Stat. 784; ited; provided, however that the Super- 16 U.S.C. 396a). intendent may issue permits for trans- (b) Backcountry registration. No per- portation or use of such vehicles and son shall explore or climb about the

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lava tubes or pit craters in the park to be served and the location of the without first registering with the su- proposed road or vehicle trail. The per- perintendent and indicating the ap- mit may be conditioned upon the per- proximate length of time involved in mittee’s maintaining the road or trail the exploration and the number of peo- in a passable condition as long as it is ple in the party. This section does not used by the permittee or his succes- apply to the maintained trail through sors. Thruston Lava Tube, nor the main- (5) From and after the date of publi- tained trail down and across Kilauea cation of this section, no construction, Iki pit crater. development, or dumping upon any lo- [34 FR 9338, June 13, 1969, as amended at 48 cation or entry, lying wholly or partly FR 30295, June 30, 1983] within the areas set forth in paragraphs (a)(5) (i) to (iii) of this section, § 7.26 Death Valley National Monu- shall be undertaken until the plans for ment. such construction, development, and (a) Mining. Mining in Death Valley dumping, insofar as the surface is af- National Monument is subject to the fected thereby, shall have been first following regulations, which are pre- submitted to and approved in writing scribed to govern the surface use of by an authorized officer or employee of claims therein: the National Park Service: (1) The claim shall be occupied and (i) All land within 200 feet of the cen- used exclusively for mineral explo- ter-line of any public road. ration and development and for no (ii) All land within the smallest legal other purpose except that upon written subdivision of the public land surveys permission of an authorized officer or containing a spring or water hole, or employee of the National Park Service within one quarter of a mile thereof on the surface of the claim may be used unsurveyed public land. for other specified purposes, the use to (iii) All land within any site devel- be on such conditions and for such period as may be prescribed when permis- oped or approved for development by sion is granted. the National Park Service as a residen- (2) The owner of the claim and all tial, administrative, or public camp- persons holding under him shall con- ground site. Such sites shall include all form to all rules and regulations gov- land within the exterior boundaries erning occupancy of the lands within thereof as conspicuously posted by the the National Monument. placing of an appropriate sign dis- (3) The use and occupancy of the sur- closing that the boundaries of the deface of mining claims as prescribed in veloped site are designated on a map of paragraphs (a) (1) and (2) of this section the site which will be available for in- shall apply to all such claims located spection in the office of the Super- after the date of the act of June 13, 1933 intendent. If not so posted, such sites (48 Stat. 139; 16 U.S.C. 447), within the shall include all land within 1,000 feet limits of the National Monument as of any Federally owned buildings, fixed by Proclamation No. 2028 of Feb- water and sewer systems, road loops, ruary 11, 1933, and enlarged by Procla- and camp tables and fireplaces set at mation No. 2228 of March 26, 1937, and designated camp sites. to all mining claims on lands hereafter (b) Use of water. No works or water included in the National Monument, lo- system of any kind for the diversion, cated after such inclusion, so long as impoundment, appropriation, trans- such claims are within the boundaries mission, or other use of water shall be of said Monument. constructed on or across Monument (4) Prospectors or miners shall not lands, including mining claims, with- open or construct roads or vehicle out a permit approved by an authorized trails without first obtaining written officer or employee of the National permission from an authorized officer Park Service. Application for such per- or employee of the National Park Serv- mit shall be accompanied by plans of ice. Applications for permits shall be the proposed construction. The permit accompanied by a map or sketch show- shall contain the following conditions: ing the location of the mining property (1) No diversion and use of the water

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shall conflict with the paramount gen- length (stretched length is defined as eral public need for such water; (2) such the distance from the horn at the cen- water systems shall include taps or ter of the net with the net gathered spigots at points to be prescribed by and pulled taut, to the lead line). the Superintendent, for the conven- (3) Designated anchorage means any ience of the public; and (3) all appro- area of sand within one nautical mile priations of water, in compliance with of the Fort Jefferson Harbor Light. the State water laws, shall be made for (4) Dip net means a hand held device public use in the name of the United for obtaining bait, the netting of which States and in accordance with instruc- is fastened in a frame. A dip net may tions to be supplied by an authorized not exceed 3 feet at its widest point. officer or employee of the National (5) Finfish means a member of sub- Park Service. classes Agnatha, Chondrichthyes, or (c) Permits. Application for any per- Osteichthyes. mit required by this section shall be (6) Flat wake speed means the min- made through the Superintendent of imum required speed to leave a flat the Monument. wave disturbance close astern a moving (d) Filing of copies of mining locations. vessel yet maintain steerageway, but From and after the publication of this in no case in excess of 5 statute miles paragraph, in order to facilitate the ad- per hour. ministration of the regulations in this (7) Guide operations means the activ- part, copies of all mining locations ity of a person, partnership, firm, cor- filed in the Office of the County Re- poration, or other entity to provide corder shall be furnished to the office services for hire to visitors of the park. of the Superintendent, Death Valley This includes, but is not limited to, National Monument, by the person fil- fishing, diving, snorkeling, and wildlife ing the mining location in his own be- viewing. half or on behalf of any other person. (8) Live rock means any living marine (e) Aircraft. The following are des- organism or assemblage thereof at- ignated as locations where the oper- tached to a hard substrate, including ation of aircraft is allowed: dead coral or rock but not individual (1) Death Valley Airport, latitude mollusk shells. 36°27′50″ N., longitude 116°52′50″ W. (9) Lobster means any of the fol- (2) Stovepipe Wells Airport, latitude lowing: 36°36′15″ N., longitude 117°09′30″ W. (i) Shovelnosed or Spanish Lobster [24 FR 11044, Dec. 30, 1959, as amended at 49 (Scyllarides aequinocti); FR 18450, Apr. 30, 1984] (ii) Slipper lobster (Parribacus antarcticus); § 7.27 Dry Tortugas National Park. (iii) Caribbean spiny lobster (a) What terms do I need to know? The (Panulirus argus); or following definitions apply to this sec- (iv) Spotted spiny lobster (Panulirus tion only: guttatus). (1) Bait fish means any of the fol- (10) Marine life means: lowing: (i) Sponges, sea anenomes, corals, jel- (i) Ballyhoo (family Exocioetidae and lyfish, sea cucumbers, starfish, sea ur- genus Hemiramphus), other genus may chins, octopus, crabs, shrimp, bar- be included in this family; nacles, worms, conch; and (ii) Minnow (families (ii) Other animals belonging to the Cyprinodontidae, Peciliidae, or Phyla Porifera, Cnidaria, Aherinidae); Echinodermata, Mollusca, Bryozoa, (iii) Mojarra (family Gerreidae); Brachiopoda, Arthropoda, (iv) Mullet (family Mugilidae); Platyhilmenthes, and Annelida. (v) Pilchard (family Clupeidae); or (11) Not available for immediate use (vi) Pinfish (family Sparidae, genus means not readily accessible for imme- Lagodon). diate use (e.g., by being stowed (2) Cast net means a type of circular unbaited in a cabin, locker, rod holder, falling net, weighted on its periphery, or similar storage area, or being se- which is thrown and retrieved by hand, curely covered and lashed to a deck or measuring 14 feet or less stretched bulkhead).

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(12) Ornamental tropical fish means a and possession limits. In emergency brightly colored fish, often used for situations where consultation in ad- aquarium purposes and which lives in vance is not possible, the Super- close relationship to coral commu- intendent will consult with the Florida nities, belonging to the families Fish and Wildlife Conservation Com- Syngathidae, Apogonidae, mission within 24-hours of the initi- Pomacentridae, Scaridae, Blennidae, ation of the temporary closure or re- Callionymidae, Gobiidae, Ostraciidae, striction. or Diodontidae. (2) Only the following may be legally (13) Permit, in the case of 36 CFR part taken from Dry Tortugas National 7.27, means an authorization in writing Park: or orally (e.g., via radio or tele- (i) Fin fish by closely attended hook- phonically). and-line; (14) Research Natural Area (RNA) at (ii) Bait fish by closely attended Dry Tortugas National Park means the hook and line, dip net, or cast net and 46-square-statute-mile area in the limited to 5 gallons per vessel per day; northwest portion of the park enclosed and by connecting with straight lines the (iii) Shrimp may be taken by dip net adjacent points of 82°51′ W and 24°36′ N, or cast net. and 82°58′ W and 24°36′ N west to the (3) The following waters and areas park boundary, but excluding: are closed to fishing: (i) The designated anchorage; (i) The Research Natural Area (RNA): (ii) Garden Key, Bush Key and Long Fish and fishing gear may be possessed Key; or aboard a vessel in the RNA, provided (iii) The central portion of Logger- such fish can be shown not to have head key including the lighthouse and been harvested from within, removed associated buildings. from, or taken within the RNA, as ap- (15) Shrimp means a member of the plicable, by being stowed in a cabin, genus Farfantepenaeus, Penaeus sp. locker, or similar storage area prior to (b) Are there recreational fishing re- entering and during transit through strictions that I need to know? the RNA, provided further that such (1) Yes. After consulting with and ob- vessel is in continuous transit through taining the concurrence of the Florida the RNA. Gear capable of harvesting Fish and Wildlife Conservation Com- fish may be aboard a vessel in the mission, based on management objec- RNA, provided such gear is not avail- tives and the park fisheries research, able for immediate use when entering the Superintendent may impose clo- and during transit through the RNA sures and establish conditions or re- and no presumption of fishing activity strictions necessary pertaining to fish- shall be drawn therefrom; ing, including, but not limited to, spe- (ii) Garden Key moat; cies of fish that may be taken, seasons, (iii) Within any swimming and snor- and hours during which fishing may keling areas designated by buoys; take place, methods of taking, and size, (iv) Within 50 feet of the historic bag, and possession limits. The public coaling docks; will be notified of any changes through (v) Helipad areas, including the gaso- one or more methods listed in § 1.7 of line refueling dock. this chapter. In emergency situations, (4) The following are prohibited: after consulting with the Florida Fish (i) Possessing lobster within the and Wildlife Conservation Commission, boundaries of the park, unless the indi- the Superintendent may impose tem- vidual took the lobster outside park porary closures and establish condi- waters and has the proper State/Fed- tions or restrictions necessary, but not eral licenses and permits. Vessels with exceeding 30 days in duration which legally taken lobster aboard which was may be extended for one additional 30 taken outside the park may not have day period, pertaining to fishing, in- persons overboard in park waters. The cluding, but not limited to, species of presence of lobster aboard a vessel in fish that may be taken, seasons, and park waters, while one or more persons hours during which fishing may take from such vessel are overboard, con- place, methods of taking, and size, bag, stitutes prima facie evidence that the

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lobsters were harvested from park wa- (ii) Establish closures or restrictions ters in violation of this chapter. on and around the waters of Logger- (ii) Taking fish by pole spear, Hawai- head Key; and ian sling, rubber powered, pneumatic, (iii) Establish conditions for docking, or spring loaded gun or similar device swimming or wading, and hiking. known as a speargun, air rifles, bows (2) The Superintendent will notify and arrows, powerheads, or explosive the public of designations, closures or powered guns. Operators of vessels restrictions through one or more of the within the park must break down and methods listed in § 1.7 of this chapter. store all weapons described in this (e) What restrictions apply to anchoring paragraph so that they are not avail- a vessel in the park? able for immediate use. (1) Anchoring in the Research Nat- (iii) Use of a hand held hook, gig, ural Area (RNA) is prohibited. gaff, or snare, except that a gaff may (2) All vessels in the RNA must use be used for landing a fish lawfully designated mooring buoys. caught by hook and line when con- (3) Anchoring between sunset and sistent with all requirements in this sunrise is limited to the designated an- section, including size and species re- chorage area at Garden Key. strictions. (4) Vessels engaged in commercial (iv) Taking, possessing, or touching fishing or shrimping must not anchor any ornamental tropical fish or marine in any of the channels, harbors, or la- life except as expressly provided in this goons in the vicinity of Garden Key, section. Bush Key, or the surrounding shoals (v) Dragging or trawling a dip net or outside of Bird Key Harbor, except in cast net. cases of emergency involving danger to (vi) The use of nets except as pro- life or property. (Emergencies may in- vided in paragraphs (b)(3)(ii)and (iii) of clude, adverse weather conditions, me- this section. chanical failure, medical emergencies, (vii) Engaging in guide operations or other public safety situations.) (fee for service), including but not lim- (f) What vessel operations are prohibited to fishing and diving, except in ac- ited? The following vessel operations cordance with the provisions of: are prohibited: (A) A permit, contract, or other commercial use authorization; or (1) Operating a vessel in the Fort Jef- (B) Other written agreement with the ferson Moat; and United States administered under this (2) Operating a vessel above a flat chapter. wake speed in the Garden Key and Bird (c) Are any areas of the park closed to Key Harbor areas. the public? Yes. The following areas are (g) What restrictions apply to dis- closed to the public: charging materials in park waters? (1) The elkhorn (Acropora palmata) (1) Discharging or depositing mate- and staghorn (Acropora prolifera) coral rials or substances of any kind within patches adjacent to and including the the boundaries of the park is prohib- tidal channel southeast of Long and ited, except for the following: Bush Keys and extending to 100 yards (i) Research Natural Area: cooling from the exterior edge of either patch; water or engine exhaust. (2) Hospital and Long Keys; and (ii) Park Waters Outside the Research (3) Areas that the Superintendent Natural Area: designates in accordance with § 1.5 and (A) Fish, fish parts, chumming mate- noticed to the public through one or rials, or bait used or produced inci- more of the methods listed in § 1.7 of dental to and while conducting rec- this chapter. reational fishing activities in the park; (d) What restrictions apply on Logger- (B) Water generated by routine vessel head Key? operations (e.g., deck wash down and (1) The Superintendent will, as nec- graywater from sinks, consisting of essary to protect park resources, visi- only water and food particles; tors, or employees: (C) Vessel cooling water, engine ex- (i) Designate areas on Loggerhead haust, or bilge water not contaminated Key open for public use; by oil or other substances.

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(2) The Superintendent may impose prohibited unless permitted in writing further restrictions as necessary to by the Superintendent. protect park resources, visitors, or em- (k) How are aircraft operations re- ployees. The Superintendent will no- stricted? tify the public of these requirements (1) Landing an aircraft in Dry through one or more of the methods Tortugas National Park may occur listed in § 1.7 of this chapter. only in accordance with a permit (h) What are the permit requirements in issued by the Superintendent under the park? § 1.6 of this chapter. (1) A permit, issued by the Super- (2) When landing is authorized by intendent, is required for all non-com- permit, the following requirements mercial vessels for which occupants are also apply: engaged in recreational activities, in- (i) Aircraft may be landed on the wa- cluding all activities in the RNA. Per- ters within a radius of 1 mile of Garden mitted recreational activities include Key, but a landing or takeoff may not but are not limited to use of mooring be made within 500 feet of Garden Key, buoys, snorkeling, diving, wildlife or within 500 feet of any closed area. (ii) Operation of aircraft is subject to viewing, and photography. § 2.17 of this chapter, except that sea- (2) A permit, issued by the Super- planes may be taxied closer than 500 intendent, is required for a person, feet to the Garden Dock while en route group, institution, or organization con- to or from the designated ramp, north ducting research activities in the park. of the dock. (3) Vessels transiting the park with- (iii) Seaplanes may be moored or out interruption shall not require a brought up on land only on the des- permit. ignated beach, north of the Garden Key (i) How are corals and other under- dock. water natural features protected in the park? [71 FR 76164, Dec. 20, 2006] (1) Taking, possessing, removing, § 7.28 Olympic National Park. damaging, touching, handling, harvesting, disturbing, standing on, or (a) Fishing—(1) General Provisions. All otherwise injuring coral, coral forma- waters within Olympic National Park are open to fishing in conformance tion, seagrass or other living or dead with those seasons and limits published organisms, including marine inverte- annually by the Washington State De- brates, live rock, and shells, is prohib- partment of Game and the Washington ited. State Department of Fisheries applica- (2) Vessel operators are prohibited ble in the same watershed in adjoining from allowing their vessel to strike, in- counties, except as provided for below. jure, or damage coral, seagrass, or any (i) Possession limit. This shall be the other immobile organism attached to same as the daily limit for all species; the seabed. Provided however, it is lawful to possess (3) Vessel operators are prohibited four steelhead over 20 inches regardless from allowing an anchor, chain, rope or of weight. In the Queets River and trib- other mooring device to be cast, utaries the summer season possession dragged, or placed so as to strike, limit is two steelhead over 20 inches. break, abrade, or otherwise cause dam- (ii) General summer season. Daily age to coral formations, sea grass, or steelhead catch limit shall not exceed submerged cultural resources. two fish, Provided however: (j) What restrictions apply on or near (A) The Queets River and tributaries shipwrecks? shall have a summer season daily limit (1) No person may destroy, molest, of one steelhead over 20 inches in remove, deface, displace, or tamper length. with wrecked or abandoned vessels of (B) The Quinault River is closed to any type or condition, or any cargo the taking of steelhead all year above pertaining thereto. the confluence of the North and East (2) Surveying, inventorying, disman- Forks, but is open in its entirety dur- tling, or recovering any wreck or cargo ing the general summer season to the within the boundaries of the park is taking of two rainbow trout with a

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minimum six of 10 inches and max- usual and accustomed fishing places of imum size of 20 inches. an Indian tribe, having treaty-secured (2) Salmon Fishing. Salmon fishing is off-reservation fishing rights, are open permitted on the following park wa- to fishing by members of that tribe in ters, exclusive of tributaries, when ad- conformance with applicable tribal or jacent State waters are open: State regulations conforming to the or- Dickey River. ders of the United States District Hoh River below confluence of South Fork. Court. Kalaloch Creek. (ii) Identification cards and tags. Mem- Ozette River. bers of the tribes having treaty-secured Queets River below Tshletshy Creek. Quillayute River. fishing rights shall carry identification Quinault River below the bridge connecting cards conforming to the requirements North Fork and Graves Creek Roads. prescribed by the United States Dis- Salmon River. trict Court and issued either by the Bu- reau of Indian Affairs or the applicable Seasons and bag limits shall be estab- tribe when fishing in accordance with lished annually after consultation with the tribe’s reserved treaty fishing the State and any affected Indian tribe. (3) Conservation waters. After con- right. Such persons shall produce said sultation with the State and, where ap- card for inspection upon request of a propriate, the concerned Indian tribe, National Park Service enforcement of- the superintendent may, by local publi- ficer. A tribally issued identification cation and conspicuous posting of tag shall be attached to any unat- signs, alter the season and change tended fishing gear in park waters. daily limits for spawning, conservation (iii) Conservation closures and catch or research purposes. limits. The superintendent may close a (4) Closed waters. That portion of the stream or any portion thereof to Indian Morse Creek watershed within the park treaty fishing or limit the number of (except Lake Angeles and P.J. Lake) fish that may be taken when it is found and that section of Kalaloch Creek either that it is: which is used as domestic water supply (A) Reasonable and necessary for the (as posted) are closed to fishing. Fish- conservation of a run as those terms ing from boats is prohibited on the Hoh are used by the United States District River upstream from the South Fork Court to determine the permissible Hoh boat launch. limitations on the exercise of Indian (5) Fishing gear. Fishing with a line, treaty rights; or gear or tackle having more than two (B) Necessary to secure the proper al- spinners, spoons, blades, flashers, or location of harvest between Indian like attractions, or with more than one treaty fisheries and other fisheries as rudder, or more than two hooks (single, prescribed by the court. double, or treble barbed) attached to (iv) Catch reports. Indian fishermen such line, gear, or tackle, is prohibited. shall furnish catch reports in such (6) The use of nonpreserved fish Bait. form as the superintendent, after con- eggs is permitted. sultation with the applicable tribe, (7) License. A license to fish in park shall have prescribed. waters is not required; however, an individual fishing for steelhead or salm- (v) Prohibition of fish cultural activi- on in park waters, except treaty Indi- ties. No fish cultural, planting, or prop- ans fishing in the exercise of rights se- agation activity shall be undertaken in cured by treaties of the United States, park waters without prior written per- shall have in his/her possession a State mission of the superintendent. of Washington punch card for the spe- (vi) Applicability of other park regula- cies being sought. Steelhead and salm- tions. Indian treaty fishing shall be in on shall be accounted for on these conformity with National Park Service cards as required by State regulations. general regulations in parts 1–6 of this (8) Indian treaty fishing. (i) Subject to chapter. the limitations set forth below, all wa- (b) Boating. All vessels are prohibited ters within the Olympic National Park on park waters except as provided which have been adjudicated to be below:

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(1) Hand propelled vessels and sail- (ii) Inspections. (a) The appropriate boats are permitted on park waters ex- State or county officer, the Super- cept the following: intendent, or their authorized representatives or an officer of the U.S. Dosewalips River. Public Health Service, may inspect any (2) Motorboats are permitted on the water supply or sewage disposal sys- following waters: tem, from time to time, in order to de- Lake Crescent. termine whether such system complies Lake Cushman. with the State and county standards: Lake Mills. Provided, however, That inspection Dickey River in coastal strip. shall be made only upon consent of the Hoh River in coastal strip. occupant of the premises or pursuant Quillayute River in coastal strip. to a warrant. Quinault River below the bridge connecting (b) Any water supply or sewage dis- North Fork and Graves Creek Roads. posal system may be inspected without (c) Dogs and cats. Dogs (except guide the consent of the occupant of the dogs) and cats are prohibited on any premises or a warrant if there is prob- park land or trail, except on designated able cause to believe that such system park roads and parking areas or within presents an immediate and severe dan- one-quarter mile of an established ger to the public health. automobile campground or conces- (iii) Defective systems. (a) If upon in- sioner overnight facility. spection, any water supply system or (d) [Reserved] sewage disposal system is found by the (e) Privately owned lands—(1) Water inspecting officer not to be in conform- supply and sewage disposal systems. The ance with applicable State and county provisions of this paragraph apply to standards, the Superintendent will the privately owned lands within send to the ostensible owner and/or the Olympic National Park. The provisions occupant of such property, by certified of this paragraph do not excuse compli- mail, a written notice specifying what ance by eating, drinking, or lodging es- steps must be taken to achieve compli- tablishments with § 5.10 of this chapter. ance. If after 1 year has elapsed from (i) Facilities. (a) Subject to the provi- the mailing of such written notice the sions of paragraph (e)(1)(iii) of this sec- deficiency has not been corrected, such tion, no person shall occupy any build- deficiency shall constitute a violation ing or structure, intended for human of this regulation and shall be the basis habitation or use, unless such building for court action for the vacation of the is served by water supply and sewage premises. disposal systems that comply with the (b) If upon inspection, any water sup- standards prescribed by the State and ply or sewage disposal system is found county laws and regulations applicable by the inspecting officer not to be in in the county within whose exterior conformance with established State boundaries such building is located. and county standards and it is found (b) No person shall construct, rebuild further that there is immediate and se- or alter any water supply or sewage vere danger to the public health or the disposal system without a written per- health of the occupants or users, the mit issued by the Superintendent. The Superintendent shall post appropriate Superintendent will issue such permit notices at conspicuous places on such only after receipt of written notifica- premises, and thereafter, no person tion from the appropriate Federal, shall occupy or use the premises on State, or county officer that the plans which the system is located until the for such system comply with the State Superintendent is satisfied that reme- or county standards. There shall be no dial measures have been taken that charge for such permits. Any person will assure compliance of the system aggrieved by an action of the Super- with established State and county intendent with respect to any such per- standards. mit or permit application may appeal (2) State forest practice laws. Any per- in writing to the Director, National son, firm, or corporation harvesting or Park Service, U.S. Department of the cutting timber on privately owned Interior, Washington, DC 20240. lands within that portion of Olympic

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National Park over which jurisdiction (iv) North Fork Quinault Road from has been ceded by the State of Wash- the end of the plowed portion to the ington to the United States of America North Fork Ranger Station. shall comply with the standards con- (v) South Shore Road from the end of cerning forest practices established the plowed portion to the Graves Creek from time to time by or pursuant to Ranger Station. the laws of the State of Washington (2) [Reserved] which would apply to such operations [24 FR 11045, Dec. 30, 1959, as amended at 34 if they were not being conducted in FR 5844, Mar. 28, 1969; 34 FR 6331, Apr. 10, Olympic National Park and personnel 1969; 35 FR 10359, June 25, 1970; 35 FR 14133, of the Park will consult and cooperate Sept. 5, 1970; 46 FR 37896, July 23, 1981; 47 FR with State officials in the administra- 54930, Dec. 7, 1982; 48 FR 1488, Jan. 13, 1983; 48 tion of this regulation. Although forest FR 30295, June 30, 1983] practices standards established from § 7.29 Gateway National Recreation time to time by or pursuant to the Area. laws of the State of Washington shall apply, no person, firm, or corporation (a) Operation of motor vehicles. The op- harvesting timber, on such privately eration of motor vehicles, other than owned lands shall be required to obtain authorized emergency vehicles, is pro- permits or licenses from, or pay fees to, hibited outside of established public the State of Washington or its political roads and parking areas, except on subdivisions in connection with the beaches and oversand routes designated harvesting or cutting of timber on such by the Superintendent by the posting lands. Prior to the initiation of har- of appropriate signs and identified on vesting or cutting of timber on pri- maps available at the office of the Su- perintendent. These beaches and routes vately owned lands over which jurisdic- will be designated after consideration tion has been ceded to the United of the criteria contained in sections 3 States, such operations shall be reg- and 4 of E.O. 11644, (37 FR 2877) and istered with the Superintendent of § 4.10(b) of this chapter. Olympic National Park. (b) Off-road vehicle operation. (1) Oper- (3) Conflict with Federal laws. If the ation of motor vehicles, (including the standards established from time to various forms of vehicles used for trav- time by or pursuant to the laws of the el oversand, such as but not limited to, State of Washington, specified in para- ‘‘beach buggies’’) on beaches or on des- graphs (e) (1) and (2) of this section, are ignated oversand routes without a per- lower than or conflict with any estab- mit from the Superintendent is prohib- lished by Federal laws or regulations ited. Before a permit will be issued, applicable to privately owned lands each vehicle will be inspected to assure within Olympic National Park, the lat- that it contains the following equip- ter shall prevail. ment which must be carried in the ve- (f) Snowmobile use. (1) The use of hicle at all times while on the beaches snowmobiles is prohibited except in or on the designated oversand routes: areas and on routes designated by the (i) Shovel; superintendent by the posting of appro- (ii) Jack; priate signs or by marking on a map (iii) Tow rope or chain; available at the office of the super- (iv) Board or similar support; intendent, or both. The following (v) Low pressure tire gauge. routes have been designated for snow- Prior to the issuance of such permits, mobile use within Olympic National operators must show compliance with Park: Federal and State regulations and ap- (i) Staircase Road from the park plicable to licensing, registering, in- boundary to the Staircase Ranger Sta- specting, and insuring of such vehicles. tion. Such permits shall be affixed to the ve- (ii) Whiskey Bend Road from the hicles as instructed at the time of function of the Elwha Road to the issuance. Whiskey Bend trailhead. (2) Driving off designated, marked (iii) Boulder Creek Road from Glines oversand routes or beaches is prohib- Canyon Dam to the end of the road. ited.

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(3) Vehicles shall not be parked in morial. This route will extend from the designated oversand routes or interfere extreme northeast corner of the bound- with moving traffic. ary to the middle of the intersection of (4) When the process of freeing a ve- State Route 357 and Toledo Avenue. hicle which has been stuck results in [47 FR 55392, Dec. 9, 1982] ruts or holes, the ruts or holes shall be filled by the operator of such vehicle § 7.32 Pictured Rocks National Lake- before it is removed from that area. shore. (5) The operation of a motorcycle on an oversand vehicle route or beach is (a) Snowmobiles. (1) Snowmobile use is prohibited. permitted on designated portions of (6) The Superintendent may establish roadways and lakes in Pictured Rocks limits on the number of oversand vehi- National Lakeshore. The designated cles permitted on designated oversand routes for snowmobiles will be confined routes and beaches when such limita- to the frozen waters of Lake Superior, tions are necessary in the interest of Grand Sable Lake, on the major lake- public safety, protection of the ecologi- shore visitor use roads that are cal and environmental values of the unplowed, or on road shoulders of area, coordination with other visitor plowed park roads in conformance with uses. State law. The designated snowmobile (c) Public lewdness. Section 245.00 of routes are: the New York Penal Code is hereby (i) The Sand Point Road from the adopted and incorporated into the reg- park boundary to Lake Superior. ulations of this part. Section 245.00 pro- (ii) The woodlands road from the vides that: park boundary off City Limits Road southwest to Becker Farm and down to A person is guilty of public lewdness when the Sand Point Road. he intentionally exposes the private and inti- (iii) The road to Miner’s Falls, Min- mate parts of his body in a lewd manner or commits any other lewd act (a) in a public er’s Castle parking area, and the Min- place, or (b) in private premises under cir- er’s Beach parking area. cumstances in which he may readily be ob- (iv) The road from the park boundary served from either a public place or from in section 32, T48N, R17W, to the end of other private premises, and with intent that the road to Chapel Falls. he be so observed. (v) The road from Country Road H–58 [41 FR 19220, May 11, 1976, as amended at 44 at the park boundary to the Little Bea- FR 44157, July 27, 1979; 52 FR 10686, Apr. 2, ver Lake Campground. 1987] (vi) The road from County Road H–58 to the Twelvemile Beach Campground. § 7.30 Devils Tower National Monu- (vii) The road from County Road H–58 ment. to the Hurricane River Campground. (a) Climbing. Registration with a park (viii) The road from County road H–58 ranger is required prior to any climb- to the Log Slide. ing above the talus slopes on Devils (ix) The section of Michigan Dimen- Tower. The registrant is also required sion Road from the park boundary to to sign in immediately upon comple- the Log Slide. tion of a climb in a manner specified (x) The frozen waters of Lake Supe- by the registering ranger. rior and Grand Sable Lake. [42 FR 20462, Apr. 20, 1977] (2) Maps showing designated routes shall be available at park headquarters § 7.31 Perry’s Victory and Inter- and at ranger stations. national Peace Memorial. (3) Snowmobile use outside des- Snowmobiles. After consideration of ignated routes is prohibited. The prohi- existing special situations, i.e., depth bition shall not apply to emergency ad- of snow, and depending on local weath- ministrative travel by employees of er conditions, the superintendent may the National Park Service or law en- permit the use of snowmobiles on that forcement agencies. portion of land situated between State (b) Fishing. Unless otherwise des- Route 357 and the seawall which designated, fishing in a manner authorized ignates the north boundary of the Me- under applicable State law is allowed.

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(c) Hunting. The following lakeshore from the western boundary of the lake- areas are closed to hunting: shore to the east end of Miners Beach. (1) Sand Point area. All that portion (2) PWC may be launched only from a of Sand Point described as the area designated launch site at Sand Point. below the top of the bluff in Sections 19 (3) PWC users may beach their craft and 30, T47N, R18W, and that area situ- only at Sand Point Beach and Miners ated within the corporate limits of the Beach. City of Munising, including the Sand (4) The Superintendent may tempo- Point Road. rarily limit, restrict, or terminate ac- (2) Developed public use areas. (i) The cess to the areas designated for PWC area within 150 yards of any campsite use after taking into consideration located within the Little Beaver, public health and safety, natural and Twelvemile Beach, and Hurricane cultural resource protection, and other River Campgrounds. management activities and objectives. (ii) The area within 150 yards of the [47 FR 54932, Dec. 7, 1982, as amended at 49 Miners Castle overlooks, paved walk- FR 18450, Apr. 30, 1984; 60 FR 47703, Sept. 14, ways and vehicle parking lot. Also 100 1995; 70 FR 61905, Oct. 27, 2005] feet from the centerline of the paved § 7.33 Voyageurs National Park. Miners Castle Road and the area within 100 feet of Miners Falls parking lot, (a) Fishing. Unless otherwise des- trail and associated platforms. ignated, fishing in a manner authorized (iii) The area within 100 feet of: the under applicable State law is allowed. Chapel Falls parking lot; the Little (b) Snowmobiles. (1) The following Beaver backpacker parking lot; the lakes and trails within Voyageurs Na- Twelvemile Beach picnic area parking tional Park are open to snowmobile lot; the Log Slide parking lot, plat- use: forms and walkways; the Grand Sable (i) The frozen waters of Rainy, Lake picnic area and parking lot; the Kabetogama, Namakan, Mukooda, Lit- Grand Sable Lake boat launch and tle Trout and Sand Point Lakes. parking lot; the Grand Sable Lake (ii) The Moose River Railroad Grade overlook parking lot. from the park boundary north to Ash River, and then east to Moose Bay, (iv) The area within 150 yards of any Namakan Lake. structure at the Au Sable Light Sta- (iii) The portage trail between Grassy tion, and within 100 feet of the trail be- Bay and Little Trout Lake. tween the lower Hurricane River Camp- (iv) The Chain of Lakes Trail from its ground and the light station. intersection with the Black Bay to (v) The area within 150 yards of the Moose Bay portage, across Locator, Sable Falls parking lot and building, War Club, Quill, Loiten, and Shoepack including the viewing platforms and as- Lakes, to Kabetogama Lake. sociated walkway system to the mouth (2) Snowmobile use is allowed across of Sable Creek. Also included is the the following marked safety portages: area 100 feet from the centerline of the Black Bay to Moose Bay, Lost Bay to paved Sable Falls Road. Saginaw Bay, Laurins Bay to Kettle (vi) The area within 150 yards of: the Falls, Squirrel Narrows, Squaw Nar- Grand Sable Visitor Center parking lot rows, Grassy Bay, Namakan Narrows, and barn; the structures comprising Swansons Bay, Mukooda Lake to Sand the Grand Marais quarters and mainte- Point Lake (north), Mukooda Lake to nance facility. Sand Point Lake (south), Mukooda (vii) The 8.6 acre tract comprising Lake to Crane Lake, Tar Point, Kohler structures and lands administered by Bay, and Sullivan Bay to Kabetogama the National Park Service on Coast Lake. Guard Point in Grand Marais. (3) The Superintendent may deter- (3) Hunting season. Hunting is prohib- mine yearly opening and closing dates ited park wide during the period of for snowmobile use, and temporarily April 1 through Labor Day. close trails or lake surfaces, taking (d) Personal Watercraft (PWC). (1) into consideration public safety, wild- PWC are allowed on the waters within life management, weather, and park Pictured Rocks National Lakeshore, management objectives.

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(4) Maps showing the designated (3) The following waters are subject routes are available at park head- to the restrictions indicated: quarters and at ranger stations. (i) North Carolina. Basin Creek and its (5) Snowmobile use outside open des- tributaries in Doughton Park; Trout ignated routes and lake surfaces is pro- Lake in Moses H. Cone Memorial Park; hibited. Ash Bear Pen Pond, Boone Fork River, (c) Aircraft. (1) Aircraft may be oper- Cold Prong Branch, Laurel Creek, Sims ated on the entire water surface and Creek, Sims Pond in Julian Price Me- frozen lake surface of the following morial Park, and Camp Creek. lakes, except as restricted in paragrah (A) On all of the above-designated (c)(4) of this section and § 2.17 of this waters in North Carolina the use of chapter: Rainy, Kabetogama, bait other than artificial lures having a Namakan, Sand Point, Locator, War single hook is prohibited, except that Club, Quill, Loiten, Shoepack, Little on Basin Creek and its tributaries and Trout and Mukooda. Boone Fork River from Price Lake (2) Approaches, landings and take- Dam downstream to the Parkway offs shall not be made within 500 feet of boundary the use of bait other than any developed facility, boat dock, single hook artificial flies is prohib- float, pier, ramp or beach. ited. (3) Aircraft may taxi to and from a (B) On all of the above-designated dock or ramp designated for their use waters in North Carolina the daily for the purpose of mooring and must be creel and size limits shall be posted operated with due care and regard for around the lake shorelines and along persons and property and in accordance the stream banks. with any posted signs or waterway (ii) Virginia. Peaks of Otter Lake in markers. Bedford County, Va. (4) Areas within the designated lakes (A) On the above-designated water in may be closed to aircraft use by the Virginia the use of bait other than ar- Superintendent taking into consider- tificial lures having one single hook is ation public safety, wildlife manage- prohibited. ment, weather and park management (B) On the above-designated water in objectives. Virginia the daily creel and size limits [49 FR 18450, Apr. 30, 1984, as amended at 56 shall be as posted on the lake shore- FR 3421, Jan. 30, 1991; 60 FR 39258, Aug. 2, line. 1995] (4) Prohibited bait in waters in paragraphs (b)(3) (i) and (ii) of this section: § 7.34 Blue Ridge Parkway. Possession of or use as bait of insects, (a) Snowmobiles. After consideration worms, and other similar organic bait of any special situations, i.e. or parts thereof adjacent to, on, or in prescheduled or planned park activities streams or lakes while in possession of such as conducted hikes or winter bird fishing tackle, is prohibited. and wildlife counts, and depending on (c) Powerless flight. The use of devices local weather conditions, the Super- designed to carry persons through the intendent may allow the use of snow- air in powerless flight is allowed at mobiles on the paved motor road and times and locations designated by the overlooks used by motor vehicle traffic superintendent, pursuant to the terms during other seasons between U.S. 220, and conditions of a permit. Milepost 121.4 and Adney Gap, Milepost (d) Boating. (1) The use of any vessel, 136.0. The public will be notified of as defined in § 3.1 of this chapter on the openings through the posting of signs. waters of the Blue Ridge Parkway is (b) Fishing. (1) Fishing is prohibited prohibited except on the waters of from one-half hour after sunset until Price Lake. one-half hour before sunrise. (2) Vessels using Price Lake shall be (2) Fishing from the dam at Price restricted to vessels propelled solely by Lake or from the footbridge in Price oars or paddles. Lake picnic area in Watauga County, (3) Vessels using Price Lake may be N.C., and from the James River Park- launched only at established or des- way Bridge in Bedford and Amherst ignated ramps and shall be removed Counties, Va., is prohibited. from the water for the night. Campers

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shall remove their vessels from the for bait: Bylew, First, Second, Pine, water to their campsites at night. Big Hollow, Buffalo, Ugly, Cub, Blow- ing Spring, Floating Mill Branch, Dry [24 FR 11032, Dec. 30, 1959, as amended at 34 FR 11969, July 16, 1969; 36 FR 20945, Nov. 2, Branch, and Mill Branch. 1971; 37 FR 20247, Sept. 28, 1972; 42 FR 61042, (ii) Seines shall not exceed 4 × 6 feet Dec. 1, 1977; 46 FR 39818, Aug. 5, 1981; 48 FR and the mesh shall not be larger than 30295, June 30, 1983; 49 FR 18450, Apr. 30, 1984; one-quarter inch. 52 FR 10686, Apr. 2, 1987; 52 FR 20388, June 1, (3) Live bait. (i) Worms are the only 1987] form of live bait which may be used in § 7.35 Buffalo National River. the Sloans Crossing Pond (also known as Beaver Pond), Green Pond, Doyle (a) Fishing. (1) Unless otherwise des- Pond, and First Creek Lake. Live min- ignated by the Superintendent, fishing nows and worms may be used in all in a manner authorized under applica- other waters. ble State law is allowed. (ii) [Reserved] (2) The Superintendent may designate times when and locations where (b)(1) Cave entry. Except for those and establish conditions under which portions of the caves open to the gen- the digging of bait for personal use is eral public, no person shall enter any allowed. cave within the boundaries of the park (3) The Superintendent may des- without first obtaining a permit from ignate times when and locations where the Superintendent. Permits will be and establish conditions under which issued to persons who are qualified and the collection of terrestrial and aquat- experienced in cave exploration, who ic insects for bait for personal use is al- possess the needed equipment for safe lowed. entry and travel, and who are engaged (4) Violating a designation or condi- in scientific research projects which in tion established by the Superintendent the opinion of the Superintendent are is prohibited. compatible with the purpose for which (b) Frogs, Turtles and Crayfish. (1) The the park was established. Superintendent may designate times (2) Persons on guided cave tours must and locations and establish conditions stay on the established designated governing the taking of frogs, turtles trails and remain with the guides and and crayfish for personal use. tour group at all times. Exploration of (2) Violating a designation or condi- side passages, going ahead of the lead tion established by the Superintendent guide and tour group or dropping be- is prohibited. hind the following guide or tour group (c) Motorized Vessels. (1) Except for a is prohibited. vessel propelled by a gasoline, diesel or (3) Persons on ‘‘self-guided’’ or other internal combustion engine with ‘‘semi-guided’’ cave tours must stay in a rating of 10 horsepower or less, oper- the established, designated trails at all ating a motorized vessel from Erbie times. Exploration of side passages or Ford to the White River is prohibited. taking alternate routes is prohibited. (2) Operating a vessel propelled by a [36 FR 506, Jan. 14, 1971, as amended at 42 FR motor is prohibited above Erbie Ford. 31454, June 21, 1977; 48 FR 30295, June 30, 1983] (3) The provisions of paragraph (c) do not apply to a vessel operated for offi- § 7.37 Jean Lafitte National Historical cial use by an agency of the United Park. States, the State of Arkansas or one of (a) Fishing. (1) Unless otherwise des- its political subdivisions. ignated, fishing in a manner authorized [52 FR 19343, May 22, 1987] under applicable State law is allowed. (2) Within the Barataria Marsh unit, § 7.36 Mammoth Cave National Park. the superintendent may designate (a) Fishing—(1) General. Trot and times and locations and establish con- throw lines shall contain hooks which ditions governing the taking of cray- are spaced at least 30 inches apart. fish upon a written determination that (2) Seines. (i) The use of seines is per- the taking of crayfish: mitted only in the following runs and (i) Is consistent with the purposes for creeks to catch minnows and crawfish which the unit was established; and

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(ii) Will not be detrimental to other (3) That the study undertaken will park wildlife or the reproductive po- have demonstrable value to the Na- tential of the species to be taken; and tional Park Service in its management (iii) Will not have an adverse effect or understanding of park resources; on the ecosystem. and (3) Violation of established condi- (4) That the permit applicants are tions or designations for the taking of adequately experienced and equipped crayfish is prohibited. so as to insure that the objectives of paragraphs (a) (1), (2), and (3) of this [49 FR 18450, Apr. 30, 1984] section will be obtained. (b) Hiking is permitted only on trails § 7.38 Isle Royale National Park. designated for that purpose by the Su- (a) Aircraft, designated landing areas. perintendent by the posting of appro- (1) The portion of Tobin Harbor located priate signs or by marking on a map in the NE1⁄4 of sec. 4, T. 66 N., R. 33 W.; which shall be available for inspection the SE1⁄4 of sec. 33, T. 67N., R. 33 W., by the public at park headquarters and and the SW1⁄4 of sec. 34, T. 67 N., R. 33 other convenient locations within the W. park. Persons hiking on the Pictograph (2) The portion of Rock Harbor lo- Point or Spruce Canyon Trails must cated in the SE1⁄4 of sec. 13, the N1⁄2 of register in advance with the Super- sec. 24, T. 66 N., R. 34 W., and the W1⁄2 intendent. of sec. 18, T. 66 N., R. 33 W. (c) Commercial automobiles and buses. (3) The portion of Washington Harbor The prohibition against the admission located in the N1⁄2 of sec. 32, all of sec. of commercial automobiles and buses 29, SE1⁄4 of sec. 30, and the E1⁄2 of sec. to Mesa Verde National Park, con- 31, T. 64 N., R. 38 W. tained in § 5.4 of this chapter shall be (b) Underwater diving. No person shall subject to the following exceptions: undertake diving in the waters of Isle Motor vehicles operated on an infre- Royale National Park with the aid of quent and nonscheduled tour on which underwater breathing apparatus with- the visit to the park is an incident to out first registering with the Super- such tour, carrying only round trip intendent. passengers traveling from the point of (c) Mammals. Dogs, cats, and other origin of the tour, will be accorded ad- mammals may not be brought into or mission to the park upon establishing possessed in the park area, except for to the satisfaction of the Super- guide dogs accompanying the blind. intendent that the tour originated from such place and in such manner as [35 FR 7793, May 21, 1970, as amended at 42 not to provide, in effect, a regular and FR 21777, Apr. 29, 1977] duplicating service conflicting with, or § 7.39 Mesa Verde National Park. in competition with, the services provided for the public pursuant to con- (a) Visiting of cliff dwellings is pro- tract authorization with the Secretary. hibited except when persons are accompanied by a uniformed National Park [24 FR 11049, Dec. 30, 1959, as amended at 37 Service employee. However, the Super- FR 23334, Nov. 2, 1972] intendent may issue special written § 7.40 Hopewell Village National His- permits to persons engaged in sci- toric Site. entific investigations authorizing such persons to visit the cliff dwellings (a) Fishing. (1) Fishing between sun- without escort. The Superintendent set and sunrise is prohibited. shall approve issuance of a permit pro- [24 FR 11049, Dec. 30, 1959, as amended at 33 vided: FR 3227, Feb. 21, 1968] (1) That the investigation plan proposed, in purpose and in execution, is § 7.41 Big Bend National Park. compatible with the purposes for which (a) Fishing; closed waters. Special the park was established; ponds and springs reserved for species (2) That the investigation proposed of rare fish are closed to fishing and will not jeopardize the preservation of bait collecting. The taking or release park resources; of any form of fish life in these ponds

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or springs is prohibited except by spe- during the calendar year in which it is cial authorization by the Super- issued. intendent. These ponds and springs will [34 FR 5377, Mar. 19, 1969] be posted as closed to fishing and bait collecting and molestation. § 7.43 Natchez Trace Parkway. (b) Fishing; method. (1) Fishing with (a)–(b) [Reserved] pole and line, rod and reel, and trot and (c) Vehicles—(1) Trucks. Trucks over throw line is permitted all year from one ton rated capacity are not per- the United States side of the Rio mitted on the parkway. Trucks, not ex- Grande. ceeding one ton rated capacity, are per- (2) Use of seine. The use of seines and mitted to travel on the Natchez Trace nets is prohibited except minnow Parkway when used solely for trans- seines no greater than 20 feet in length portation of persons, their baggage, may be used for taking of minnows for camping equipment and related arti- bait. cles for recreational purposes only. (c) Fishing; limit of catch. The limit of Trucks used for the purpose of hauling catch per person per day or in posses- non-recreational materials are not per- sion shall be 25 fish, except that min- mitted. nows caught for bait shall not be ac- (2) Animal-drawn vehicles. Animal- countable for the purpose of this sec- drawn vehicles or implements are pro- tion. hibited on the main parkway road. (3) Farm vehicles. Farm vehicles, in- [24 FR 11049, Dec. 30, 1959, as amended at 27 cluding agricultural implements, with FR 8616, Aug. 29, 1962; 52 FR 10686, Apr. 2, 1987] or without load carrying capacity, and whether or not self-propelled, are pro- § 7.42 Pipestone National Monument. hibited on the parkway, except when such travel is authorized by the Super- (a) An American Indian desiring to intendent or when such travel is in quarry and work ‘‘catlinite’’ pipestone connection with the construction, op- shall first secure a permit from the Su- eration, or maintenance of the park- perintendent. The Superintendent shall way. issue a permit to any American Indian (4) Recreational vehicles. Recreational applicant, Provided, that: (1) In the vehicles, including but not limited to judgment of the Superintendent, the self-propelled mobile homes, campers, number of permittees then quarrying housetrailers, and vehicles up to 11⁄2 or working the pipestone is not so ton rated capacity, when such rec- large as to be inconsistent with preser- reational vehicles are used solely to vation of the deposit and (2) a suitable carry persons for recreational purposes area is available for conduct of the op- together with their baggage, camping eration. The permit shall be issued equipment, and related articles for va- without charge and shall be valid only cation or recreational purposes, are during the calendar year in which it is permitted on the parkway. issued. (5) Trailers. Trailers are permitted (b) An American Indian desiring to when used non-commercially to trans- sell handicraft products produced by port baggage, camping equipment, him, members of his family, or by horses for recreational riding, small other Indians under his supervision or boats and other similar items used for under contract to him, including vacation or recreational purposes, pro- pipestone articles, shall apply to the vided they meet the following criteria: Superintendent. The Superintendent (i) Utility type trailers must be en- shall grant the permit provided that (1) closed or covered and are not to exceed in his judgment the number of permit- 5 feet by 8 feet. tees selling handicraft products is not (ii) Trailers must be equipped with so large as to be inconsistent with the red taillights, red stoplights and me- enjoyment of visitors to the Pipestone chanical turn signals. Clearance lights National Monument and (2) a suitable are required on trailers over 6 feet area is available for conduct of the op- high. eration. The permit shall be issued (iii) Only one trailer of any type may without charge and shall be valid only be towed by any one vehicle along the

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parkway. The towing vehicle and trail- The obligation to respond is required in er must not exceed 55 feet in length. order to obtain a benefit. (6) Buses. Commercial passenger car- (b) Prohibited conveyances. Only hand- rying buses, when used for touring pur- propelled vessels may be operated upon poses, may travel the Natchez Trace those areas of emergent vegetation Parkway by obtaining special written commonly called marshes, wetlands, or permission in advance from the Super- ‘‘the glades.’’ Operation of a motorized intendent or his representative. School vessel in such areas is prohibited. buses may travel on the parkway with- (c) Definitions. The following defini- out such written permission when tions shall apply to this section: transporting people for special rec- (1) Ballyhoo means a member of the reational or educational purposes. genus Hemiramphus (family: (7) Towed vehicles other than trailers. Exocoetidae). Such vehicles must be towed with a (2) Cast net means a type of circular rigid tow bar which does not require a falling net, weighted on its periphery, driver for the towed vehicle. Tow bar must be equipped with safety chains which is thrown and retrieved by hand. that are so connected to the towed and (3) Commercial fishing means the ac- towing vehicles and to the tow bar tivity of taking or harvesting, or at- that, if the tow bar fails, it will not tempting to take or harvest any edible drop to the ground and the chains shall or non-edible form of fresh or salt be of sufficient strength to prevent water aquatic life for the purpose of breakaway of the towed vehicle in the sale or barter. event of such tow bar failure. The (4) Dipnet means a hand-held device towed vehicle must be equipped with for obtaining bait, the netting of which brakelights, taillights, and signal is fastened in a frame. lights in accordance with applicable (5) Guide fishing means the activity, State regulations. The towing vehicle of a person, partnership, firm, corpora- and towed vehicle must not exceed 55 tion, or other commercial entity to feet in length. provide fishing services, for hire, to (d) Beer and alcoholic beverages. The visitors of the park. possession of beer or any alcoholic bev- (6) Minnow means a fish used for bait erage in an open or unsealed container from the family Cyprinodointidae, is prohibited, except in designated pic- Poeciliidae, or Atherinidae. nic, lodging, residence, and camping (7) Mojarra or ‘‘goats’’ means a mem- areas. ber of the family Gerreidae. [34 FR 9751, June 24, 1969, as amended at 39 (8) Oyster means a mollusk of the FR 30833, Aug. 26, 1974; 48 FR 30295, June 30, suborder Ostraeaccea. 1983; 52 FR 10686, Apr. 2, 1987] (9) Personal watercraft means a vessel powered by an outboard motor, water- § 7.44 Canyonlands National Park. jet or an enclosed propeller or impeller (a) Motorized Vehicle Use. Motorized system, where persons ride standing, vehicles are prohibited in Salt Creek sitting or kneeling primarily on or be- Canyon above Peekaboo campsite. hind the vessel, as opposed to standing (b) [Reserved] or sitting inside; these craft are some- [69 FR 32876, June 14, 2004] times referred to by, but not limited to, such terms as ‘‘wave runner,’’ ‘‘jet § 7.45 Everglades National Park. ski,’’ ‘‘wet bike,’’ or ‘‘Sea-doo.’’ (a) Information collection. The infor- (10) Pilchard means a member of the mation collection requirements con- herring family (Clupeidae), generally tained in this section have been ap- used for bait. proved by the Office of Management (11) Pinfish means a member of the and Budget under 44 U.S.C. 3501 et.seq., genus Lagodon (family: Spiradae). and assigned clearance number 1024– (d) Fishing. (1) Fishing restrictions, 0026. This information is being col- based on management objectives de- lected to solicit information necessary scribed in the park’s Resources Man- for the Superintendent to issue permits agement Plan, are established annually used to grant administrative benefits. by the Superintendent.

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(2) The Superintendent may impose (7) Tagging, marking, fin clipping, closures and establish conditions or re- mutilation or other disturbance to a strictions, in accordance with proce- caught fish, prior to release is prohib- dures found at §§ 1.5 and 1.7 of this ited without written authorization chapter, on any activity pertaining to from the Superintendent. fishing, including, but not limited to (8) Fish may not be fileted while in species of fish that may be taken, sea- the park, except that: sons and hours during which fishing (i) Up to four (4) filets per person may take place, methods of taking, and may be produced for immediate cook- size, creel and possession limits. ing and consumption at designated (3) The following waters are closed to campsites or on board vessels equipped fishing: with cooking facilities. (i) All waters of T. 58 S., R. 37 E., sec- (ii) Fish may be fileted while at the tions 10 through 15, inclusive, meas- designated park fish cleaning facilities, ured from Tallahassee meridian and before transportation to their final des- base, in the vicinity of Royal Palm Vis- tination. itor Center, except Hole in the Donut (9) Nets and gear that are legal to use or Hidden Lake, and Pine Island Lake. in State waters, and fish and other edi- (ii) All waters in T.54 S., R. 36 E., sec- ble or non-edible sea life that are le- tions 19, 30, and 31, and in T. 55 S., R. gally acquired in State waters but are 36 E., sections 6, 7, 18, 19, and 30, meas- illegal to possess in the waters of Ever- ured from Tallahassee meridian and glades National Park may be trans- base, in the vicinity of Shark Valley ported through the park only over In- Loop Road from Tamiami Trail south. dian Key Pass, Sand Fly Pass, Rabbit (4) A person engaged in guide fishing Key Pass, Chokoloskee Pass and across must possess a guide fishing permit Chokoloskee Bay, along the most di- issued by the Superintendent and ad- rect route to or from Everglades City, ministered under the terms of § 1.6 of Chokoloskee Island or Fakahatchee this chapter. Guide fishing without a Bay. valid permit is prohibited. (i) Boats traveling through these pas- (5) Except for taking finfish, shrimp, sages with such nets, gear, fish, or bait, crabs, and oysters, as provided in other edible products of the sea must this section or as modified under 36 remain in transit unless disabled or CFR 1.5, the taking, possession, or dis- weather and sea conditions combine to turbance of any fresh or saltwater make safe passage impossible, at which aquatic life is prohibited. time the boats may be anchored to (6) Methods of taking. Except as pro- await assistance or better conditions. vided in this section, only a closely at- (ii) [Reserved] tended hook and line may be used for (e) Boating. (1) The Superintendent fishing activities within the park. may close an area to all motorized ves- (i) Crabbing for stone or blue crabs sels, or vessels with motors greater may be conducted using attended gear than a specified horsepower, or impose only and no more than five (5) traps per other restrictions as necessary, in ac- person. Persons using traps must re- cordance with §§ 1.5 and 1.7 of this chap- main within one hundred (100) feet of ter. those traps. Unattended gear or use of (2) For purposes of this section, a ves- more than five (5) traps per person is sel in which the motor(s) is (are) re- prohibited. moved from the gunnels or transom (ii) Shrimp, mullet, and bait fish and stored to be inoperable, is consid- (minnows, pilchards, pinfish, mojarras, ered to be not motorized. ballyhoo or bait mullet (less than eight (3) The following areas are closed to (8) inches in total length) may be taken all vessels: with hook and line, dipnet (not exceed- (i) T. 54 S., R. 36 E., sections 19, 30, 31; ing 3 feet at its widest point) or cast T. 55 S., R. 36 E., sections 6, 7, 18, 19, net, for use as bait or personal con- and 30, bordering the Shark Valley sumption. Loop Road from the Tamiami Trail (iii) A dipnet or cast net may not be south. dragged, trawled, or held suspended in (ii) Eco Pond, Mrazek Pond, Royal the water. Palm Ponds except for Hidden Lake,

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Parachute Key ponds north of the Main § 7.46 Virgin Islands Coral Reef Na- Park Road, and Lake Chekika. tional Monument. (4) The following inland fresh water (a) Extractive uses. (1) All extractive areas are closed to the use of motorized uses are prohibited within the bound- vessels: Coot Bay Pond, Nine Mile aries of the Monument, including, but Pond, Paurotis Pond, Sweetbay Pond, not limited to, harvest or collection of Big Ficus Pond, Sisal Pond, Pine Glade fish, coastal migratory pelagic fish, Lake, Long Pine Key Lake, Tower baitfish, lobsters, conch, whelk, corals, Lake, Hidden Lake, Pine Island, and L– sponges and all associated reef inverte- 67 canal. brates, and sand, water, plants, seeds, (5) The following coastal waters, des- fruit, marine mammals, marine birds, ignated by statute as wilderness (Pub. gas, minerals, and rocks. L. 95–625), are closed to the use of mo- (2) All submerged cultural resources torized vessels: Mud, Bear, East Fox, are protected under the Archeological Middle Fox, Little Fox, and Gator Resource Protection Act and the Aban- Lakes; Homestead Canal; all associated doned Shipwrecks Act. small lakes on Cape Sable inland from (b) Exceptions. (1) Exceptions to pro- Lake Ingraham; Cuthbert, Henry, Lit- hibited extractive uses are limited to tle Henry, Seven Palm, Middle, Mon- bait fishing at Hurricane Hole and blue roe, Long, and the Lungs Lakes; Alli- runner (hardnose) line fishing in the gator Creek from the shoreline of Gar- area south of St. John. The Super- field Bight to West Lake; all inland intendent shall issue permits for such creeks and lakes north of Long Sound, uses. (2) Bait fishing shall be permitted Joe Bay, and Little Madeira Bay ex- with cast net at a distance greater cept those ponds and lakes associated than ten feet from the seaward edge of with Taylor River. the mangrove prop root system. (6) Except to effect a rescue, or un- (3) A maximum of three gallons of less otherwise officially authorized, no baitfish is allowed per fisherman per person shall land on keys of Florida day. Bay except those marked by signs de- (4) Blue runner shall be caught using noting the area open, or on the main- hand lines and chum (a mixture of land shorelines from Terrapin Point ground up baitfish and sand to attract eastward to U.S. Highway 1, including the fish). the shores of all inland bays and waters (5) Any fish caught other than blue and those shorelines contiguous with runner shall be released. Long Sound, Little Blackwater Sound, (6) Vessels involved in the catch of and Blackwater Sound. blue runner may use moorings des- (7) West Lake Pond and West Lake ignated for that purpose. shall be closed to all vessels when they (c) Marine Operations. No dredging, are being used by feeding birds. At all excavating, or filling operations of any other times, these areas shall be open kind are permitted, and no equipment, only to hand-propelled vessels or Class structures, by-product or excavated A motorboats powered by motors not materials associated with such oper- to exceed 6 horsepower. ations may be deposited in or on the (8) Vessels used as living quarters waters or ashore within the boundaries shall not remain in or be operated in of the monument. the waters of the Park for more than 14 (d) Wrecks. No person shall destroy or days without a permit issued by the molest, remove, deface, displace or Superintendent. Said permit will pre- tamper with wrecked or abandoned wa- scribe anchorage location, length of terborne craft of any type or condition, stay, sanitary requirements and such submerged cultural resources, or any other conditions as considered nec- cargo pertaining thereto, unless per- essary. mitted in writing by an authorized official of the National Park Service. (f) Violation of any of the provisions (e) Boats. (1) No watercraft shall op- of § 7.45 is prohibited. erate in such a manner, nor shall an- [59 FR 58785, Nov. 15, 1994; 60 FR 6022, Feb. 1, chors or any other mooring device be 1995, as amended at 72 FR 13706, Mar. 23, 2007] cast or dragged or placed, so as to

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strike or otherwise cause damage to areas designated as special anchorages, any underwater feature. including fairways, as defined in 33 (2) All watercraft, carrying pas- CFR 110.127. sengers, for hire, shall comply with ap- (2) Temple Bar landing strip, located plicable regulations and laws of the at approximate latitude 36°01′ N., ap- U.S. Coast Guard and Territory of the proximate longitude 114°20′ W. Virgin Islands. (3) Pearce Ferry landing strip, lo- (3) Anchoring will only be permitted cated at approximate latitude 30°04′37″ in emergency situations to protect life N., approximate longitude 114°02′44″ W. and property. (4) Cottonwood landing strip located (4) Anchoring shall only be permitted at approximate latitude 35°29′ N., ap- from 48 hours prior to landfall of the proximate longitude 114°40′ W. hurricane to 48 hours following passage (5) [Reserved] of the hurricane. (6) Echo Bay landing strip located at (5) No lines or ropes shall be attached approximate latitude 36°19′ N., approxi- to mangroves or other shoreline vege- mate longitude 114°27′ W. tation. (b) Powerless flight. The use of devices [68 FR 16435, Apr. 4, 2003] designed to carry persons through the air in powerless flight is allowed except § 7.47 Carlsbad Caverns National Park. in harbors, swim beaches, developed (a) Cave entry. (1) With the exception areas, and in other locations des- of the regular trips into Carlsbad Cav- ignated as closed to this activity. erns under the guidance or supervision (c) Parking. Vehicles or boat trailers, of employees of the National Park or vehicle/boat trailer combinations, Service, no person shall enter any cave may be left unattended for periods up or undeveloped part or passage of any to 7 days, when parked in parking cave without a permit. areas adjacent to designated boat (2) Permits. The Superintendent may launching sites, without written per- issue written permits for cave entry mission obtained in advance from the without escort only to persons engaged superintendent. Any vehicle or boat in scientific or educational investiga- trailer or vehicle/boat trailer combinations. The Superintendent shall ap- tion which is left in parking areas adja- prove issuance of a permit provided: cent to designated boat launching sites (i) That the investigation planned in excess of 7 days without written per- will have demonstrable value to the mission obtained in advance from the National Park Service in its manage- superintendent may be impounded by ment or understanding of park re- the superintendent. sources, and (d) Fishing. Unless otherwise des- (ii) That the permit applicant is ade- ignated, fishing in a manner authorized quately equipped and experienced so as under applicable State law is allowed. to ensure the protection and preserva- (e) The Superintendent may exempt tion of park resources. motor vessels participating in a re- (3) Solo exploration. Solo exploration gatta that has been authorized by per- or investigation is not permitted in mit issued by the Superintendent from any cave or undeveloped part or pas- the noise level limitations imposed by sageway of any cave within the park. § 3.7 of this chapter. [34 FR 8356, May 30, 1969, as amended at 41 (f) Personal Watercraft. (1) A person FR 24123, June 15, 1976; 48 FR 30295, June 30, may launch and operate a personal 1983] watercraft in park waters or beach a personal watercraft on park lands, ex- § 7.48 Lake Mead National Recreation cept in the following areas: Area. (i) In the designated Primitive area (a) Aircraft, designated airstrips. (1)(i) known as the Gypsum Beds, which is The entire water surface of Lakes Mead described as Arizona T31N; R20W Por- and Mohave are designated landing tions of sections 2, 3, 10 and 11; and areas, except as restricted in § 2.17 of (ii) In the designated Primitive area this chapter. known as the Virgin River, which is de- (ii) Aircraft may not be operated scribed as Nevada T36N; R68E Portions under power on those water surface of Sections 25, 26, 34, 35, 36; and

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(iii) In the designated Primitive/ into consideration public health and Semiprimitive area in Black Canyon, safety, natural and cultural resource from the Willow Beach Harbor to Hoo- protection, and other management ac- ver Dam, prohibited from the first tivities and objectives. Tuesday following Labor Day weekend [32 FR 15751, Nov. 16, 1967, as amended at 34 through Friday of Memorial Day week- FR 1950, Feb. 11, 1969; 34 FR 18857, Nov. 26, end; and prohibited only on Sundays 1969; 36 FR 21881, Nov. 17, 1971; 38 FR 5245, and Mondays from the Sunday of Me- Feb. 27, 1973; 49 FR 18450, Apr. 30, 1984; 53 FR morial Day weekend through the Mon- 29681, Aug. 8, 1988; 68 FR 17306, Apr. 9, 2003; 72 day of Labor Day weekend, which is de- FR 13706, Mar. 23, 2007] scribed as Nevada T22S; R65E Portions of Sections 32; T23S; R65E Portions of § 7.49 Cape Lookout National Sea- shore. Sections 5, 8, 17, 20, 21, 28, 29, 34; T231⁄2S; R65E Portions of Sections 34; T23S; (a) Personal watercraft (PWC) may R65E Portions of Sections 1, 2, and 12. be operated within Cape Lookout Na- Arizona T30N; R23W Portions of Sec- tional Seashore only under the fol- tions 3, 10, 15, 22, 27, 34; T29N; R23W lowing conditions: Portions of Sections 2, 12, 13; T29N; (1) PWC must be operated at flat- R22W Portions of Sections 18, 19, 20, 29; wake speed; and (2) PWC must travel perpendicular to (iv) In the designated Semiprimitive shore; area known as the Muddy River Con- (3) PWC may only be operated within fluence with Lake Mead (Overton Wild- the seashore to access the following life Management Area), which is de- sound side special use areas: scribed as Nevada T16S; R68E Portions (i) North Core Banks: of Sections 28, 29, 32, 33 and 34 and T17; Access Location R68E; and (v) In the designated Semiprimitive (A) Ocracoke Wallace Channel dock to the demarcation Inlet. line in Ocracoke Inlet near Milepost 1. area known as Grand Wash Bay, which (B) Milepost 11B Existing sound-side dock at mile post 11B is described as Arizona T33N; R16W approximately 4 miles north of Long Portions of Sections 16, 17, 21, 22, 27, 28, Point. (C) Long Point .. Ferry landing at the Long Point Cabin 29, 33 and 34, and T321⁄2 N; R16W Por- area. tions of Sections 32 and 33; and (D) Old Drum Sound-side beach near Milepost 19 (as (vi) In the designated Semiprimitive Inlet. designated by signs), approximately 1⁄2 area known as Bonelli Bay, which is mile north of Old Drum inlet (adjacent to the cross-over route) encompassing ap- described as Arizona T31N; R20W Por- proximately 50 feet. tions of Sections 4, 5, 7, 8, 9, 16, 17, 18, 19, 20, 21, 29 and 30. (ii) South Core Banks: (2) A person may not operate a personal watercraft at a speed in excess of Access Location flat wake speed within 200 feet of any (A) New Drum Sound-side beach near Milepost 23 (as beach occupied by bathers, boats at the Inlet. designated by signs), approximately 1⁄4 shoreline, or persons in the water or at mile long, beginning approximately 1⁄2 mile south of New Drum Inlet. the shoreline. (B) Great Island Carly Dock at Great Island Camp, near (3) After December 31, 2012, no one Access. Milepost 30 (noted as Island South Core may operate a personal watercraft that Banks-Great Island on map). does not meet the 2006 emission standards set by EPA for the manufacturing (iii) Cape Lookout: of two-stroke engines. A person oper- Access Location ating a personal watercraft that meets the EPA 2006 emission standards (A) Lighthouse A zone 300 feet north of the NPS dock at through the use of direct-injection two- Area North. the lighthouse ferry dock near Milepost 41. stroke or four-stroke engines, or the (B) Lighthouse Sound-side beach 100 feet south of the equivalent thereof, is not subject to Area South. ‘‘summer kitchen’’ to 200 feet north of this prohibition and will be allowed to the Cape Lookout Environmental Edu- cation Center Dock. operate as described in this section. (C) Power Sound-side beach at Power Squadron Spit (4) The Superintendent may limit, re- Squadron Spit. across from rock jetty to end of the spit. strict, or terminate access to the areas designated for PWC use after taking (iv) Shackleford Banks:

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Access Location (vi) The cove south and east of Buckhorn Campground C and D Loops. (A) West End Sound-side beach from Whale Creek west Access. to Beaufort Inlet, except the area be- (vii) The cove located east of tween the Wade Shores toilet facility Buckhorn Campground B Loop and ad- and the passenger ferry dock. jacent to Buckhorn Campground A Loop. (b) The Superintendent may tempo- (viii) The second cove east of rarily limit, restrict or terminate ac- Buckhorn Campground B Loop, fed by cess to the areas designated for PWC a creek identified as Dry Branch. use after taking into consideration (ix) Buckhorn Creek east of the east/ public health and safety, natural and west buoy line located at approxi- cultural resource protection, and other mately 096°59′3.50″ Longitude, known as management activities and objectives. the G Road Cliffs area. [71 FR 53031, Sept. 8, 2006] (x) Within 150 feet of all persons, docks, boat launch ramps, vessels at § 7.50 Chickasaw Recreation Area. anchor, vessels from which people are (a) Fishing. Unless otherwise des- fishing, and shoreline areas near camp- ignated, fishing in a manner authorized grounds. under applicable State law is allowed (3) PWC may only be launched from on Arbuckle Reservoir and Veterans the following boat ramps: Lake. (i) Buckhorn boat ramp. (b) Personal watercraft (PWC). (1) PWC (ii) The Point boat ramp. may operate on Lake of the Arbuckles (iii) Guy Sandy boat ramp. except in the following closed areas: (iv) Upper Guy Sandy boat ramp. (i) The Goddard Youth Camp Cove. (4) The fueling of PWC is prohibited (ii) A 150 foot wide zone around the on the water surface. Fueling is al- picnic area at the end of Highway 110 lowed only while the PWC is away from known as ‘‘The Point’’, beginning at the water surface and on a trailer. the buoy line on the north side of the (5) The Superintendent may tempo- picnic area and extending south and rarily limit, restrict or terminate ac- east into the cove to the east of the cess to the areas designated for PWC picnic area. use after taking into consideration (iii) The cove located directly north public health and safety, natural and of the north branch of F Loop Road. cultural resource protection, and other (iv) A 150 foot wide zone around the management activities and objectives. Buckhorn Campground D Loop shore- [49 FR 18451, Apr. 30, 1984, as amended at 69 line. FR 53640, Sept. 2, 2004] (2) PWC may not be operated at greater than flat wake speed in the fol- § 7.51 Curecanti Recreation Area. lowing locations: (a) Hunting. Hunting is allowed at (i) The Guy Sandy arm north of the times and locations designated as open east/west buoy line located near Mas- for hunting. ters Pond. (b) Trapping. Trapping is allowed at (ii) The Guy Sandy Cove west of the times and locations designated as open buoy marking the entrance to the cove. for trapping. (iii) Rock Creek north of the east/ (c) Snowmobiles. Snowmobiles are per- west buoy line at approximately mitted to operate within the bound- 034°27′50″ North Latitude. aries of Curecanti National Recreation (iv) The Buckhorn Ramp bay, east of Area provided: the north south line drawn from the (1) That the operators and machines Buckhorn Boat Ramp Breakwater conform to the laws and regulations Dam. governing the use of snowmobiles as (v) A 150 foot wide zone along the stated in this chapter and those appli- north shore of the Buckhorn Creek arm cable to snowmobile use promulgated starting at the north end of the by the State of Colorado where they Buckhorn Boat Ramp Breakwater Dam prove to be more stringent or restric- and continuing southeast to the tive than those of the Department of Buckhorn Campground D Loop beach. the Interior.

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(2) That their use is confined to the cultural resource protection, and other frozen surface of Blue Mesa Lake, and management activities and objectives. designated access roads. A map of areas [49 FR 18451, Apr. 30, 1984, as amended at 49 and routes open to snowmobile use will FR 34480, Aug. 31, 1984; 71 FR 55119, Sept. 21, be available in the office of the super- 2006] intendent. (3) That for the purposes of this sec- § 7.52 Cedar Breaks National Monu- tion, snowmobile gross weight will be ment. limited to a maximum of 1200 lbs. (ma- (a) Snowmobiles. (1) During periods chine and cargo) unless prior permis- when snow depth prevents regular ve- sion is granted by the superintendent. hicular travel in the Monument, (d) Personal Watercraft (PWC). PWC snowmobiling will be permitted on the may operate within Curecanti National main Monument road and parking Recreation Area in the following des- areas from the south boundary to the ignated areas and under the following north boundary and on the Panguitch conditions: Lake road from its junction with the (1) PWC may operate and land on main Monument road east to the east Blue Mesa Reservoir between Beaver park boundary. In addition, the paved Creek and Blue Mesa dam, except that walkway from the Visitor Center park- PWC may not operate in the buoyed ing lot to the Point Supreme overlook barricaded section in the vicinity of is also open for snowmobile travel. the dam. (2) On roads designated for snow- (2) PWC must operate at ‘‘flat wake’’ mobile use, only that portion of the speeds within Blue Mesa Reservoir in road or parking area intended for other the following areas upstream of des- motor vehicle use may be used by ignated buoys: snowmobile. Such roadway is available (i) Soap Creek arm at approximate for snowmobile use only when the des- longitude 107°8′9″ N latitude 38°30′16″ W. ignated road or parking area is closed (ii) West Elk arm at approximate by snow depth to all other motor vehi- longitude 107°16′45″ N latitude 38°29′43″ cle use by the public. These routes will W. be marked by signs, snow poles, or (iii) Cebolla arm at approximate lon- other appropriate means. gitude 107°12′16″ N latitude 38°27′37″ W. The park Superintendent shall deter- (iv) Lake Fork arm at approximate mine the opening and closing dates for longitude 107°18′19″ N latitude 38°27′2″ use of designated snowmobile routes W. each year. Routes will be open to snow- (3) PWC must operate at ‘‘flat wake’’ mobile travel when they are considered speeds in the following areas: to be safe for travel but not necessarily (i) Within 100’ of shoreline inside Dry free of safety hazards. Creek cove. (3) Snowmobile use outside des- (ii) Within 500’ of shoreline along old ignated routes is prohibited. This pro- highway 50 and Bay of Chickens. hibition shall not apply to emergency (iii) Within the buoyed area around administrative travel by employees of Elk Creek and Lake Fork marinas. the National Park Service or its con- (iv) Within the buoyed area at Iola, tractors or concessioners or law en- Stevens Creek, and Ponderosa boat forcement agencies. launch. (b) [Reserved] (v) From Lake city bridge east to [49 FR 29375, July 20, 1984] Beaver Creek. (vi) Within 100′ of shoreline adjacent § 7.53 Black Canyon of the Gunnison to Stevens Creek campground. National Monument. (4) PWC may only be launched from (a) Snowmobiles. (1) During periods designated boat launch sites. when snow depth prevents regular ve- (5) The Superintendent may tempo- hicular travel to the North Rim of the rarily limit, restrict or terminate ac- Monument, as determined by the su- cess to the areas designated for PWC perintendent, snowmobiling will be use after taking into consideration permitted on the graded, graveled public health and safety, natural and North Rim Drive and parking areas

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from the north monument boundary to ters not administered by Indians as North Rim Campground and also to the part of the Indian Zone, i.e., mid-chan- Turnaround. nel to the shore of the non-Indian side (2) On roads designated for snow- of the Lake. A map showing the waters mobile use, only that portion of the where aircraft may be operated will be road or parking area intended for other available in the office of the super- motor vehicle use may be used by intendent. snowmobiles. Such roadway is avail- (c) Personal Watercraft (PWC). (1) able for snowmobile use only when PWCs are allowed on the waters within there is sufficient snow cover and when Lake Roosevelt National Recreation these roads and parking areas are Area except in the following areas: closed to all other motor vehicle use by (i) Crescent Bay Lake. the public. These routes will be marked (ii) Kettle River above the Hedlund by signs, snow poles, or other appro- Bridge. priate means. Snowmobile use outside (2) Launch and retrieval of PWC are designated routes is prohibited. permitted only at designated launch (b) [Reserved] ramps. Launching and retrieval of PWC at Napoleon Bridge launch ramp is pro- [49 FR 34478, Aug. 31, 1984] hibited. (3) PWC may land anywhere along § 7.54 Theodore Roosevelt National the shoreline except in designated Park. swimming areas. (a) Snowmobiles. (1) Designated routes (4) PWC may not be operated at open to snowmobile use are the por- greater than flat-wake speeds in the tions of the Little Missouri River following locations: which contain the main river channel (i) Upper Hawk Creek from the wa- as it passes through both units of Theo- terfall near the campground through dore Roosevelt National Park. Ingress the area known as the ‘‘narrows’’ to and egress to and from the designated the confluence of the lake, marked by route must be made from outside the ‘‘flat wake’’ buoy(s). boundaries of the park. There are no (ii) Within 200 feet of launch ramps, designated access points to the route marina facilities, campground areas, within the park. water skiers, beaches occupied by (2) The superintendent shall deter- swimmers, or other persons in the mine the opening and closing dates for water. the use of designated snowmobile (iii) The stretch of the Spokane Arm routes each year, taking into consider- from 200 feet west of the Two Rivers ation snow, weather and river condi- Marina on the downstream end, to 200 tions. He shall notify the public by feet east of the Fort Spokane launch posting of appropriate signs at the ramp on the upstream end, above the main entrance to both units of the vehicle bridge. park. The superintendent may, by the (5) The Superintendent may tempo- posting of appropriate signs, require rarily limit, restrict or terminate ac- persons to register or obtain a permit cess to the areas designated for PWC before operating any snowmobiles use after taking into consideration within the park. The operation of public health and safety, natural and snowmobiles shall be in accordance cultural resource protection, and other with State laws in addition to the Na- management activities and objectives. tional Park Service regulations. (b) [Reserved] [49 FR 18451, Apr. 30, 1984, as amended at 69 FR 35526, June 25, 2004] [49 FR 34479, Aug. 31, 1984] § 7.56 Acadia National Park. § 7.55 Lake Roosevelt National Recre- (a) Designated Snowmobile Routes. The ation Area. designated routes for snowmobile shall (a) Hunting. Hunting is allowed at be: times and locations designated as open (1) Park Loop Road (except section for hunting. from Stanley Brook intersection north (b) Aircraft. Float planes may be op- to the gate at Penobscot Mountain erated on Lake Roosevelt on those wa- Parking Area) and connecting roads as

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follows: Paradise Hill Road (Visitor 3349.09 ft. to property corner 192, thence Center to Junction Park Loop Road); in a straight line N85°03′12″ E, 6999.38 Stanley Brook Road; Ledgelawn Exten- ft., to property corner 193, thence in a sion Road; Sieur de Monts (gate to straight line N58°29′53″ E, 3737.77 ft., to Loop Road); West Street; Cadillac property corner 194, thence in a Mountain Summit Road; entrance straight line N51°20′25″ E, 1457.45 ft., to roads to Wildwood Stable. property corner 195, thence in a (2) Portions of Carriage Paths as fol- straight line S74°40′44″ E, 4064.61 ft., to lows: A section of Carriage Path 1.8 property corner 196, thence in a miles in length from the parking area straight line N79°59′22″ E, 3118.40 ft. to at the north end of Eagle Lake down property corner 197A, thence in a the east side of the lake to connection northeasterly direction to property with Park Loop Road at Bubble Pond corner 200, thence in a straight line Rest Area. A section of Carriage Path ° ′ ″ 0.6 miles in length from Wildwood Sta- N56 24 11 E, 1073.57 ft., to property cor- ble to connection with Park Loop Road ner 201, thence in a straight line ° ′ ″ south of the entrance road to Penob- S80 04 22 E, 2684.69 ft., to property cor- scot Mountain Parking Area. ner 202, thence in a straight line (3) Hio Truck Road from Seawall N69°21′31″ E, 2974.09 ft. to property cor- Campground north to State Route 102. ner 203, thence in a straight line (4) The paved camper access roads S37°59′16″ E, 1538.83 ft., to property cor- within Seawall Campground. ner 204, thence in a straight line (5) Marshall Brook Truck Road from N28°36′59″ E, 744.10 ft., to property cor- Seal Cove Road to Marshall Brook. ner 205, thence in a straight line (6) Seal Cove Road from Park Bound- N00°19′04″ E, 1136.41 ft., to property cor- ary in Southwest Harbor to State ner 206, thence in a westerly direction Route 102 in Seal Cove. to property corner 181, thence in a (7) Western Mountain Road from straight line S89°51′52″ W, 1434.80 ft. to Park Boundary west of Worcester property corner 182, thence in a Landfill to Seal Cove Pond. straight line N75°53′25″ W, 4267.11 ft., to (8) The two crossroads connecting property corner 183, thence in a Western Mountain Road and Seal Cove straight line S76°16′20″ W, 3835.45 ft., to Road. property corner 184, thence in a west- (9) Long Pond Truck Road including erly direction to property corner 189, Spur Road to Pine Hill. thence in a straight line S71°35′59″ W, (10) Lurvey Spring Road from Junc- 2901.46 ft., to property corner 190, tion with Long Pond Road in South- thence in a straight line S78°24′18″ W, west Harbor to intersection with Echo 6506.70 ft. to the point of beginning as Lake Beach Road. (11) The Echo Lake Entrance Road shown on Bureau of Reclamation draw- from State Route 102 to Echo Lake ing number 662–525–1431 dated July 9, Beach Parking Area. 1965, such Rosita Area comprising about 1,500 acres. [48 FR 1195, Jan. 11, 1983] (b) Safety Helmets. The operator and § 7.57 Lake Meredith National Recre- each passenger of a motorcycle shall ation Area. wear a safety helmet while riding on a motorcycle in an off-road area des- (a) The operation of motor vehicles ignated in paragraph (a) of this section. within the Lake Meredith Recreation Area is prohibited outside of estab- (c) Powerless flight. The use of devices lished public roads, parking areas, ex- designed to carry persons through the cept within the cutbanks of Blue air in powerless flight is allowed except Creek, comprising about 275 acres, and in locations designated as closed to except below the 3,000 ft. contour on this activity. The superintendent may the following described lands, being designate times and locations where known as the Rosita Area on the Cana- such activity is allowed only under the dian River flood plain: terms and conditions of a permit. Beginning at property corner 191 at (d) Fishing. Unless otherwise des- coordinates 536,112.90N and 1,894,857.49E ignated, fishing in a manner authorized thence in a straight line S05°14′47″ E, under applicable State law is allowed.

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(e) Hunting. Hunting is allowed at (i) Ocracoke Island, except Ocracoke times and locations designated as open village. for hunting. (ii) Hatteras Island, 500 acres, in (f) Trapping. Trapping is allowed at three disconnected strips 250 feet wide times and locations designated as open measuring eastward from mean high for trapping. water mark on Pamlico Sound between (g) Personal watercraft (PWC). (1) PWC villages of Salvo and Avon and Buxton, may operate on Lake Meredith except and between Frisco and Hatteras. in the following closed areas: stilling (iii) Bodie Island, 1,500 acres, between basin below Sanford Dam, within 750 high water mark of Roanoke Sound feet of the Sanford Dam intake tower, and a line 2,000 feet west of and parallel and on the waters of the Canadian to U.S. Highway 158, and from the River. north dike of the Goosewing Club prop- (2) PWC may operate on Lake Mere- erty on the north to the north bound- dith under the following conditions: ary of the Dare County tract on the (i) Fueling of PWC is prohibited on south. the lake, except at the marina fuel (2) Seashore lands on which hunting dock with an attendant providing the is not permitted will be posted accord- fuel service, or onshore and out of the ingly. water. (3) This hunting plan will be adminis- (ii) Carrying of fuel in an external or tered and enforced by the National portable container onboard a PWC is Park Service, through the Service’s au- prohibited. thorized local representative, the Su- (iii) PWC may only be launched at perintendent of the Seashore, herein- designated launch sites established by after referred to as the Superintendent. the Superintendent in accordance with (4) The State of North Carolina will 36 CFR 1.5 and 1.7. assist in the enforcement of applicable (iv) PWC may not operate at greater State and Federal hunting laws and than flat wake speed in the following otherwise in carrying out this plan. designated areas: North Turkey Creek, (5) Hunting will be restricted to wa- Bugbee Canyon, North Canyon, North terfowl. Season length, opening and Cove, South Canyon, Sexy Canyon, closing dates, bag limits and species of Amphitheater Canyon, the coves be- waterfowl which may be taken will be tween day markers 9 and 11, Fritch in accordance with the rules and regu- Canyon, Short Creek, Evans Canyon lations issued by the North Carolina and Canal Canyon. Flat wake areas are Wildlife Resources Commission and the designated by buoys marked with ‘‘flat U.S. Fish and Wildlife Service. wake’’ or other similar markings. The (6) Hunting privileges will be free for location of those buoys may be ad- all hunters possessing a North Carolina justed by the Superintendent based on State hunting license and Federal mi- reservoir water levels. gratory bird hunting stamp. (3) The Superintendent may tempo- (7) Permanent blinds will be con- rarily limit, restrict or terminate ac- structed exclusively by the Seashore cess to the areas designated for PWC and these will be built only on Bodie use after taking into consideration Island. Setting up and use of tem- public health and safety, natural and porary or portable blinds by hunters cultural resource protection, and other will be permitted on Hatteras and management activities and objectives. Ocracoke Islands. (8) Minimum distance between blinds [36 FR 14694, Aug. 10, 1971, as amended at 40 FR 762, Jan. 3, 1975; 48 FR 30295, June 30, 1983; on Seashore land and ponds within the 49 FR 18451, Apr. 30, 1984; 52 FR 10686, Apr. 2, designated hunting areas will be 300 1987; 69 FR 30223, May 27, 2004; 72 FR 13706, yards unless other conditions, such as Mar. 23, 2007] natural screening, justify a shorter distance. § 7.58 Cape Hatteras National Sea- (9) Hunting on Ocracoke Island will shore. be permitted and managed in the same (a) Hunting. (1) Lands within the Sea- manner as Hatteras Island. shore on which hunting is legally per- (10) ‘‘Jump shooting’’ of waterfowl mitted are designated as follows: will be permitted only on Hatteras and

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Ocracoke Islands and is prohibited (15) Hunters and guides shall provide within 300 yards of any blind. their own decoys and are required to (11) Properly licensed and authorized leave the blind which they used in a guides may provide hunting guide serv- clean, sanitary and undamaged condi- ice within the designated hunting areas tion. in the Seashore. They will not be per- (16) All hunters taking banded fowl mitted to solicit business within the shall turn in the bands at the check- boundaries of the Seashore and all ar- out station. rangements with hunters must be made (17) Details of this plan, interpreta- outside of those boundaries. Guides tions and further information regard- will be required to possess a North ing it will be published in local news- Carolina State guide license and to ful- papers and issued in circular form free fill all requirements and conditions im- to all interested persons. posed by that license. Fees charged by (18) Access to blinds will be by des- guides must be approved in advance by ignated foot trails. Vehicles will not be the Superintendent. Each guide must permitted to drive to the blind sites. also possess a permit issued by the Su- (19) Trained dogs will be permitted perintendent which authorizes him to for retrieving providing they are kept guide hunters within the Seashore and under restraint by the hunter. the amount of the fees which he may charge. (20) Blinds will be limited to two per- (12) Guides shall have no permanent sons without a guide and three includ- or seasonal blind rights within the Sea- ing the guide. Only two guns will be shore and no special privileges other permitted in each blind. than those specified in this section. (21) All other regulations will be in (13) At 5:00 a.m. each morning the accordance with the North Carolina day of hunting a drawing for blind as- State and Federal migratory bird hunt- signments will be conducted at the ing laws. check-out station. Advance reserva- (b) Fishing—(1) Definitions. As used in tions for permission to draw will be ac- this part: cepted through the United States mail (i) Seashore. Cape Hatteras National only. Reservations postmarked prior to Seashore. 12:01 a.m. of September 25 will not be (ii) Permittee. A person authorized to accepted. The postmark date and hour engage in commercial fishing from sea- will establish and govern the priority shore beaches. of drawing. Maximum reservation by (iii) Legal resident of an established vil- any person shall be three (3) consecu- lage. An individual (excluding a cor- tive days in any week, Monday through poration, partnership, or other artifi- Saturday, and limited to a total of six cial person) having domicile in one of (6) days during the season. Reserva- the following Outer Banks villages re- tions shall have priority over nonres- ferred to in section 1 of the Act of Au- ervations at drawing time. In the event gust 17, 1937 (50 Stat. 669): a reservation is to be canceled, the Su- perintendent shall be informed by the Corolla, Duck, Kitty Hawk, Kill Devil party prior to drawing time for the Hills, Collington, Nags Head, Manteo, Wanchese, Rodanthe, Waves, Salvo, Avon, date or dates of the reservation. Buxton, Frisco, Hatteras, Ocracoke. (14) The first departure from a blind by a person terminates his hunting (iv) Commercial fishing. All operations privilege within Bodie Island for that preparatory to, during, and subsequent day and the blinds may be reassigned to the taking of fish by any means if a by the Superintendent, Cape Hatteras primary purpose of the taking is to sell National Seashore Recreational Area, fish. or his duly authorized representative, (v) Commercial fishing permit. Written for use by others later the same day. revocable authorization, issued by the Vacating parties must check out and Superintendent to an eligible indi- furnish information regarding their vidual, to engage in commercial fishing take at the checking station on Bodie from the Seashore beaches. The permit Island located near the north boundary will be issued on an annual basis com- of the hunting area. mencing on October 1st of each year.

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(2) Commercial fishing permit required. mencing at Beach Access Ramp No. 22 A commercial fishing permit is re- and continuing south and west along quired before engaging in commercial the ocean shore, including Cape Point fishing from the seashore beaches. (Cape Hatteras), to Beach Access Ramp (3) Permits. Commercial fishing per- No. 30. Within this zone commercial mits may be issued by the Super- fishing, as specified in the Act of Au- intendent or his authorized representa- gust 17, 1937 (50 Stat. 669), is permitted, tive limited to individuals meeting the except between the hours of 12:01 a.m. following criteria of eligibility: on Saturday to 11:59 p.m. on Sunday (i) A legal resident of an established from October 1 through April 30, com- village. mercial fishermen are not permitted to (ii) Possession of a valid North Caro- haul seines or nets onto the beach lina commercial fishing license or en- within the Zone. gagement in a joint commercial fishing [24 FR 11052, Dec. 30, 1959, as amended at 38 venture with a North Carolina com- FR 33081, Nov. 30, 1973; 40 FR 4135, Jan. 28, mercial fishing licensee. 1975; 40 FR 56888, Dec. 5, 1975; 48 FR 30295, The permit shall be carried at all times June 30, 1983; 52 FR 10686, Apr. 2, 1987] while engaged in commercial fishing and shall be displayed upon request by § 7.59 Grand Portage National Monu- ment. the Superintendent or his representative. When two or more individuals en- (a) Snowmobiles. After consideration gage in a joint commercial fishing ven- of existing special situations, i.e. depth ture involving a splitting of profits or of snow, and depending on local weath- any other assumption of proprietary er conditions, the superintendent may interests, each individual must qualify permit the use of snowmobiles on the for and have a commercial fishing per- following designated routes within the mit. An employee hired by a permittee National Monument: for a specific wage with no financial in- (1) The trail from County Road 73 terest in the activity need not have a (near the Grand Portage Trading Post) permit. which moves across the Grand Portage (4) Revocation of permit. The Super- to County Road 17 near the Catholic intendent may revoke the commercial Church. fishing permit of any permittee who (2) The powerline right-of-way road ceases to meet the criteria of eligi- from Country Road 73 which moves bility set forth in paragraph (c)(3) of across the Grand Portage Trail. this section or who violates any Gen- (3) The logging road which moves eral, Special, or other related regula- across the Grand Portage Trail in NE tion governing activities at the Sea- 1⁄4, SE 1⁄4, Section 32, T64N, R6E. shore. (4) Abandoned Highway 61 which (5) Beach sanitation and conservation moves across the Grand Portage Trail. of aquatic life. Notwithstanding any (5) The logging road which moves General Regulation of the National across the Grand Portage Trail in SE Park Service to the contrary, all fish- 1⁄4, NW 1⁄4, Section 25, T64N, R5E. ermen, commercial and sport, landing (b) Fishing. Unless otherwise des- fish on the Seashore by any method ignated, fishing in a manner authorized and not using such fish because of size, under applicable State law is allowed. edible quality, or other reason, shall [47 FR 45005, Oct. 13, 1982, as amended at 49 immediately release and return such FR 18451, Apr. 30, 1984] fish alive in the waters from which taken. No dead fish or part thereof may § 7.60 Herbert Hoover National His- be left on any shore, beach, dock, pier, toric Site. fish cleaning table or thrown back into (a) Snowmobiles. After consideration the waters, but must be disposed of of existing special situations, i.e., only at points or places designated for depth of snow, and depending on local the disposal thereof or removed from weather conditions, the Super- the seashore area. intendent may permit the use of snow- (6) Sport-fishing Zone. A zone is estab- mobiles on the shoulder of the paved lished for the protection and enhance- motor road known as Parkside Drive ment of recreational sport-fishing com- between Main Street of West Branch,

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Iowa and Interstate Highway 80, which § 7.63 Dinosaur National Monument. is used by motor vehicle traffic during (a) Commercial hauling. Ranchers and other seasons in conformance with stockmen owning, leasing or renting State law. private lands, or holding grazing per- [47 FR 54933, Dec. 7, 1982] mits issued by the Bureau of Land Management on designated grazing al- § 7.61 Fort Caroline National Memo- lotments adjacent to the Artesia En- rial. trance Road, Blue Mountain Road, and (a) Fishing. Fishing is prohibited Deerlodge Park Road, are authorized to within the Memorial. use these roads for trucking or hauling ranching and agricultural supplies and [26 FR 3363, Apr. 20, 1961, as amended at 32 materials, including livestock, for use FR 16213, Nov. 28, 1967] in normal ranching and stock growing operations. § 7.62 Lake Chelan National Recre- (b) Stock grazing. (1) Privileges for the ation Area. grazing of domestic livestock based on (a) Snowmobiles. After consideration authorized use of certain areas at the of existing special situations, i.e., time of approval of the act of Sep- depth of snow, and depending on local tember 8, 1960 (74 Stat. 857, Pub. L. 86– weather conditions, the superintendent 729), shall continue in effect or shall be may designate as open to the use of renewed from time to time, except for snowmobiles the following locations failure to comply with such terms and within the Lake Chelan National conditions as may be prescribed by the Recreation Area: Superintendent in these regulations (1) All open areas, designated trails and after reasonable notice of default and roadways on public land below the and subject to the following provisions 1320-foot contour line within the of tenure: Stehekin Valley, except cross-country (i) Grazing privileges appurtenant to ski trails and within the perimeter of privately owned lands located within the Buckner Orchard. Snowmobile use the Monument shall not be withdrawn on open public lands or designated until title to the lands to which such trails will be limited to permanent, privileges are appurtenant shall have year-round residents of the Stehekin vested in the United States except for Valley. failure to comply with the regulations (2) That portion of the Stehekin Val- applicable thereto after reasonable no- ley Road normally open to use by tice of default. motor vehicles from the 1320-foot con- (ii) Grazing privileges appurtenant to tour line to the park boundary. privately owned lands located outside the Monument shall not be withdrawn (b) Aircraft. The following are des- for a period of twenty-five years after ignated as locations where the oper- September 8, 1960, and thereafter shall ation of aircraft is allowed: continue during the lifetime of the (1) The entire water surface of Lake original permittee and his heirs if they Chelan. were members of his immediate family (2) The Stehekin landing field, lo- as described herein except for failure to ° ′ cated at approximate latitude 48 21 N, comply with the regulations applicable ° ′ approximate longitude 120 43 W. thereto after reasonable notice of de- (c) Weapons. The following location is fault. designated for target practice between (iii) Members of the immediate fam- the hours of sunrise and sunset, subject ily are those persons who are related to to all applicable Federal, State, and and directly dependent upon a person local laws: in the SE 1⁄4 of sec. 8, T. 33 or persons, living on or conducting N., R. 17 E., WM, approximately 100 grazing operations from lands, as of yards east of mile point 7 on the September 8, 1960, which the National Stehekin Valley Road, a converted bor- Park Service recognized as base lands row pit. appurtenant to grazing privileges in [49 FR 18451, Apr. 30, 1984, as amended at 49 the monument. Such interpretation ex- FR 19652, May 9, 1984; 54 FR 48869, Nov. 28, cludes mature children who, as of that 1989] date, were established in their own

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households and were not directly de- sult in the termination and loss of all pendent upon the base lands and appur- grazing privileges. tenant grazing recognized by the Na- (ii) Whenever partial or total non-use tional Park Service. is desired an application must be made (iv) If title to base lands lying out- in writing to the Superintendent. side the monument is conveyed, or (5) Grazing fees shall be the same as such base lands are leased to someone those approved for the Bureau of Land other than a member of the immediate Management and will be adjusted ac- family of the permittee as of Sep- cordingly. tember 8, 1960, the grazing preference (6) Permittees or nonpermittees who shall be recognized only for a period of have stock on Federal lands within the twenty-five years from September 8, monument at any time or place, when 1960. or where herding or grazing is unau- (v) If title to a portion or part of the thorized may be assessed fifty cents per base land either outside or inside the day per cow or horse and ten cents per monument is conveyed or such base day per sheep as damages. lands are leased, the new owner or les- (7) The Superintendent may accept a see will take with the land so acquired written relinquishment or waiver of or leased after September 8, 1960, such any privileges; however, no such relin- proportion of the entire grazing privi- quishment or waiver will be effective leges as the grazing capacity in animal without the written consent of the unit months of the tract conveyed or owner or owners of the base lands. leased bears to the original area to (8) Permits. Terms and conditions. which a grazing privilege was appur- The issuance and continued effective- tenant and recognized. Conveyance or ness of all permits will be subject, in lease of all such base lands will auto- addition to mandatory provisions re- matically convey all grazing privileges quired by Executive Order or law, to appurtenant thereto. the following terms and conditions: (vi) Grazing privileges which are ap- (i) The permittee and his employees purtenant to base lands located either shall use all possible care in preventing inside or outside the monument as of forest and range fires, and shall assist September 8, 1960, shall not be con- in the extinguishing of forest and range veyed separately therefrom. fires on, or within, the vicinity of the (2) Where no reasonable ingress or land described in the permit, as well as egress is available to permittees or in the preservation of good order with- nonpermittees who must cross monu- in the boundaries of the Monument. ment lands to reach grazing allotments (ii) The Superintendent may require or non-Federal lands within the exte- the permittee before driving livestock rior boundary of the monument or ad- to or from the grazing allotment to jacent thereto, the Superintendent will gather his livestock at a designated grant, upon request, a temporary time and place for the purpose of nonfee annual permit to herd stock on counting the same. a designated driveway which shall (iii) Stock will be allowed to graze specify the time to be consumed in only on the allotment designated in each single drive. the permit. (3) After September 8, 1960, no in- (iv) The permittee shall file with the crease in the number of animal unit Superintendent a copy of his stock months will be allowed on Federal brand or other mark. lands in the monument. (v) The permittee shall, upon notice (4)(i) A permittee whose privileges from the Superintendent that the al- are appurtenant to base lands either lotment designated in the permit is not inside or outside the monument may be ready to be grazed at the beginning of granted total nonuse on a year to year the designated grazing season, place no basis not to exceed three consecutive livestock on the allotment for such a years. Total nonuse beyond this time period as may be determined by the Su- may be granted if necessitated for rea- perintendent as necessary to avoid sons clearly outside the control of the damage to the range. All, or a portion permittee. Total unauthorized nonuse of the livestock shall be removed from beyond three consecutive years will re- the area before the expiration of the

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designated grazing season if the Super- (9) The breach of any of the terms or intendent determines further grazing conditions of the permit shall be would be detrimental to the range. The grounds for termination, suspension, or number of stock and the grazing period reduction of grazing privileges. may be adjusted by the Superintendent (10) Appeals from the decision of the at any time when such action is Superintendent to the Regional Direc- deemed necessary for the protection of tor, and from the Regional Director to the range. the Director shall be made in accord- (vi) No permit shall be issued or re- ance with National Park Service Order newed until payment of all fees and No. 14, as amended (19 FR 8824) and Re- other amounts due the National Park gional Director, Order No. 3, as amend- Service has been made. Fees for per- ed (21 FR 1494). mits are due the National Park Service (11) Nothing in these regulations and must be paid at least 15 days in ad- shall be construed as to prevent the en- vance of the grazing period. No permit forcement of the provisions of the Gen- shall be effective to authorize grazing eral Rules and Regulations and the use thereunder until all fees and other Special Rules and Regulations of the amounts due the National Park Service National Park Service or of any other have been paid. A pro rata adjustment provisions of said rules and regulations of fees will be made in the event of re- applicable to stock grazing. duction of grazing privileges granted in (c) Snowmobiles. (1) Designated routes the permit, except that not more than which will be open to smowmobile use 50 percent of the total annual grazing are approximately 20 miles of the Harp- fee will be refunded in the event re- ers Corner Road in Colorado and ap- duced grazing benefits are taken at the proximately 2 miles of the Cub Creek election of the permittee after his Road in Utah. The Harpers Corner stock are on the range. Road section extends from the Plug (vii) No building or other structure Hat Overlook to the Echo Park Road shall be erected nor shall physical im- Turnoff. The Cub Creek Road section provements of any kind be established extends from the Chew Ranch Road, 1 under the permit except upon plans and mile north of the Green River Bridge, specifications approved by the Na- to the point where the Cub Creek Road tional Park Service. Any such facili- leaves the southern boundary of the ties, structures, or buildings may be re- monument. moved or disposed of to a successor (2) On roads designated for snow- permittee within three months fol- mobile use, only that portion of the lowing the termination of the permit; road or parking area intended for other otherwise they shall become the prop- motor vehicle use may be used by erty of the United States without com- snowmobiles. Such roadway is avail- pensation therefor. able for snowmobile use only when (viii) The permittee shall utilize the there is sufficient snow cover and when lands covered by the permit in a man- these roads are closed to all other ner approved and directed by the Su- motor vehicle use by the public. perintendent which will prevent soil (3) Snowmobile use outside des- erosion thereon and on lands adjoining ignated routes is prohibited. The super- same. intendent shall determine the opening (ix) The right is reserved to adjust and closing dates for use of the des- the fees specified in the permit at any ignated snowmobile routes each year. time to conform with the fees approved [27 FR 2150, Mar. 16, 1962, as amended at 27 for the Bureau of Land Management, FR 3659, Apr. 18, 1962; 34 FR 7330, May 6, 1969; and the permittee shall be furnished a 49 FR 34481, Aug. 31, 1984; 60 FR 55791, Nov. 3, notice of any change of fees. 1995] (x) All livestock are considered as mature animals at 6 months of age and § 7.64 Petersburg National Battlefield. are so counted in determining animal (a) Alcoholic beverages. The possession unit months and numbers of animals. or drinking of alcoholic beverages in (xi) The Superintendent may pre- any public place or in any motor vehi- scribe additional terms and conditions cle is prohibited, except with the writ- to meet individual cases. ten permission of the Superintendent.

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(b) Maintenance of vehicles. Washing, 45 minutes after close of legal shooting cleaning, waxing, or lubricating motor time. The blind shall be left in a clean vehicles or repairing or performing any and sanitary condition. mechanical work upon motor vehicles, (8) Hunters using Service-owned except in emergencies, in any public shore blinds shall enter and leave the place is prohibited. public hunting area via designated (c) Definition. As used in paragraphs routes from the island. (a) and (b) of this section, the term (9) Prior to entering and after leaving ‘‘public place’’ shall mean any place, a public hunting blind, all hunters building, road, picnic area, parking shall check in at the registration box space, or other portion of Petersburg located on the trail to the blind he is National Battlefield to which the pub- or has been using. lic has access. (10) Parties in blinds are limited to [41 FR 40107, Sept. 17, 1976] two hunters and two guns unless otherwise posted at the registration box for § 7.65 Assateague Island National Sea- the blinds. shore. (11) The hunting of upland game shall (a) Hunting. (1) Hunting, except with not be conducted within 300 yards of a shotgun, bow and arrow, or by fal- any waterfowl hunting blind during conry is prohibited. Hunting with a waterfowl season. shotgun, bow and arrow, or by means of (12) Hunting on seashore lands and falconry is permitted in accordance waters, except as designated pursuant with State law and Federal regulations to § 1.5 and § 1.7, is prohibited. in designated hunting areas. (b) Operation of oversand vehicles—(1) (2) Hunting, or taking of a raptor for Definitions. In addition to the defini- any purpose is prohibited except as tions found in § 1.4 of this chapter, the provided for by permit in § 2.5 of this following terms or phrases, when used chapter. in this section, have the meanings (3) A hunter shall not enter upon hereinafter respectively ascribed to Service-owned lands where a previous them. owner has retained use for hunting pur- (i) Oversand vehicle. Any motorized poses, without written permission of vehicle which is capable of traveling such previous owner. over sand including—but not limited (4) Waterfowl shall be hunted only to—over-the-road vehicles such as from numbered Service-owned blinds beachbuggies, four-wheel-drive vehi- except in areas with retained hunting cles, pickup trucks, and standard auto- rights; and no firearm shall be dis- mobiles. charged at waterfowl from outside of a (ii) Self-Contained vehicle. Any towed blind unless the hunter is attempting or self-propelled camping vehicle that to retrieve downed or crippled fowl. is equipped with a toilet and a perma- (5) Waterfowl hunting blinds in pub- nently installed, waste, storage tank lic hunting areas shall be operated capable of holding a minimum of 2 days within two plans: volume of material. (i) First-come, first-served. (iii) Primary dune. Barriers or mounds (ii) Advance written reservation. of sand which are either naturally cre- The superintendent shall determine the ated or artificially established bayward number and location of first-come, of the beach berm which absorb or dis- first-served and/or advance reservation sipate the wave energy of high tides blinds. and coastal storms. (6) In order to retain occupancy (iv) Dunes crossing. A maintained ve- rights, the hunter must remain in or hicle accessway over a primary dune near the blind except for the purpose of designated and marked as a dunes retrieving waterfowl. The leaving of crossing. decoys or equipment for the purpose of (2) Oversand permits. No oversand ve- holding occupancy is prohibited. hicle, other than an authorized emer- (7) Hunters shall not enter the public gency vehicle, shall be operated on a waterfowl hunting area more than 1 beach or designated oversand route in hour before legal shooting time and the park area except under an oversand shall be out of the hunting area within permit issued by the Superintendent.

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(i) The Superintendent is authorized section and in applicable sections of to establish a system of special recre- parts 2 and 4 of this chapter, travel by ation permits for oversand vehicles and oversand vehicles is permitted south of to establish special recreation permit Assateague State Park, daily through- fees for these permits, consistent with out the year at any time, on a des- the conditions and criteria of 36 CFR ignated oversand route bayward of the part 71. primary dune and on designated por- (ii) No permit will be issued for a ve- tions of a beach seaward of the primary hicle: dune. (A) Which is not equipped to travel (ii) Travel by motorcycles is per- over sand and which does not contain mitted only on public highways and the following equipment to be carried parking areas within the park area. at all times when traveling on a beach (iii)(A) Travel by self-contained vehi- or designated oversand route in the cles is permitted under paragraph park: shovel, jack, tow rope or chain, (b)(3)(i) of this section provided that no board or similar support for the jack, overnight parking is allowed on a and low pressure tire gauge; beach seaward of the primary dunes at (B) Which does not conform to appli- any time. cable State laws having to do with li- (B) South of Assateague State Park censing, registering, inspecting, and in- such vehicles may use designated self- suring of such vehicles; contained areas bayward of the pri- (C) Which fails to comply with provi- mary dunes for overnight parking. Ex- sions of § 4.10; and cept, That towed travel trailers may (D) Which does not meet the fol- travel no farther south than the north- lowing standards: On four-wheel-drive ern limits of the Big Fox Levels. vehicles and trailers towed by any ve- (iv) Travel by oversand vehicles, hicle: other than authorized emergency vehicles, is prohibited on the following por- Per unit tions of the park area subject, however, Maximum vehicle length ...... 26 ft. to existing rights of ingress and egress. Maximum vehicle width ...... 8 ft. (A) Between the Assateague State Minimum vehicle ground clearance ...... 7 in. Park and the Ocean City Inlet. Gross vehicle weight rating may not exceed ...... 10,000 lb. Maximum number of axles ...... 2 (B) On the beach seaward of the pri- Maximum number of wheels (per axle) ...... mary dune within designated portions of the North Beach public use complex. On two-wheel-drive vehicles, in addi- (C) Provided, however, That the Su- tion to the six items listed imme- perintendent may establish times when diately above: Minimum width of tire oversand vehicles may use a portion of tread contact on sand, 8 in. each wheel. the beach in a public use complex by Tires with regular mud/snow grip posting appropriate signs or marking tread, not acceptable. Provided, That on a map available at the office of the the Superintendent may issue a single Superintendent—or both. trip permit for a vehicle of greater (4) Rules of the road. (i) Oversand ve- weight or length when such use is not hicles shall be operated only in estab- inconsistent with the purposes of the lished tracks on designated portions of regulations. the park area. No such vehicles shall be (iii) Before issuing a permit, the Su- operated on any portion of a dune ex- perintendent may check the vehicle to cept at posted crossings nor shall such determine whether it complies with the vehicles be driven so as to cut circles requirements of paragraphs (b)(2)(ii) or otherwise needlessly deface the (A) through (D) of this section. sand. (iv) Oversand permits are not trans- (ii) Oversand vehicles shall not be ferable and shall be carried by the op- parked so as to interfere with the flow erator of the vehicle for which it has of traffic on designated oversand been issued while traveling in the park. routes. Such vehicles may not park It shall be displayed as directed by the overnight on a beach seaward of the Superintendent at the time of issuance. primary dune unless one member of the (3) Authorized and prohibited travel. (i) party is actively engaged in fishing at Except as otherwise provided in this all times. Towed travel trailers used as

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self-contained vehicles in the off-road (2) The Superintendent may tempo- portion of the park area may not be rarily limit, restrict or terminate ac- parked on a beach seaward of the pri- cess to the areas designated for PWC mary dunes. use after taking into consideration (iii) Upon approaching or passing public health and safety, natural and within 100 feet of a person on foot, the cultural resource protection, and other operator of an oversand vehicle shall management activities and objectives. reduce speed to 15 miles per hour. [35 FR 45, Jan. 3, 1970, as amended at 39 FR Speed at other times on any designated 31633, Aug. 30, 1974; 41 FR 15008, Apr. 9, 1976; oversand route shall not exceed 25 48 FR 30295, June 30, 1983; 52 FR 10686, Apr. 2, miles per hour. 1986; 68 FR 32375, May 30, 2003] (iv) When two vehicles approach from opposite directions in the same track, § 7.66 North Cascades National Park. both operators shall reduce speed; and (a) Bait for fishing. The use of nonpre- the operator with the ocean on his served fish eggs is permitted. right shall pull out of the track to (b) Snowmobiles. After consideration allow the other vehicle to pass. of existing special situations, i.e., (v) Passengers shall not ride on the depth of snow, and depending on local fenders, hood, roof, or tailgate, or in weather conditions, the superintendent any other position outside of a moving may designate as open to the use of oversand vehicle; and such vehicles snowmobiles the following locations shall not be used to tow a person on within the National Park: any recreational device over the sand (1) The Cascade River Road between or in the air or water of the park area. the park boundary and the Cascade (vi) During an emergency, the Super- Pass Trailhead parking area. intendent may close the park; or he (2) The Stehekin Valley Road be- may suspend for such period as he shall tween the park boundary and Cotton- deem advisable any or all of the fore- wood Camp. going regulations in the interest of [34 FR 11545, July 12, 1969, as amended at 49 public safety; and he may announce FR 19652, May 9, 1984] such closure or suspension by whatever means are available. § 7.67 Cape Cod National Seashore. (c) Personal Watercraft. (1) Personal (a) Off-road operation of motor vehi- Watercraft (PWC) are allowed in cles. Assateague Island National Seashore (1) What do I need to do to operate a ve- within the following locations and hicle off road? To operate a vehicle off under the following conditions: road at Cape Cod National Seashore, (i) Ocean City Inlet: PWC may oper- you must meet the requirements in ate, transit, launch in water or beach paragraphs (b) through (e) of this sec- on land between the north shore of tion. You also must obtain a special Assateague Island and the south mar- permit if you: gin of the established Ocean City Inlet (i) Will use an oversand vehicle (see channel, between Lighted Buoy #10 at paragraphs (a)(6) and (a)(7) of this sec- approximate latitude 38.19.30N, lon- tion for details); gitude 75.05.30W and Lighted Buoy #11 (ii) Will use an oversand vehicle to at approximate latitude 38.19.16N, lon- camp (see paragraph (a)(8) of this sec- gitude 75.09.0W tion for details); or (ii) Chincoteague Bay: PWC may oper- (iii) Are a commercial operator (see ate, transit or launch in waters be- paragraph (a)(9) of this section for de- tween the established Park boundary tails). and the western shore of Assateague Is- (2) Where and when can I operate my land, from Assateague Point north to vehicle off road? You may operate a ve- that portion of Horse Marsh located hicle off road only under the conditions due east of the Memorial Park boat specified in the following table. How- ramp on Chincoteague Island. ever, the Superintendent may close (iii) Oceanside: PWC are allowed to any access or oversand route at any beach along the ocean side of the island time for weather, impassable condi- only in the case of personal injury or tions due to changing beach conditions, mechanical failure. or to protect resources.

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Route When you may use the route

On the outer beach between the opening to Hatches Harbor, April 15 through November 15, except Exit 8 to High Head around Race Point to High Head, including the North and which is closed April 1 through July 20. South Beach access routes at Race Point and the bypass route at Race Point Light. Off road vehicle corridor from Exit 8 to High Head ...... July 21 through November 15. Access road at High Head from the inland parking area to the January 1 through December 31. primary dune. Designated dune parking area at High Head (for fishing only) .. January 1 through December 31. Power Line Route access and fishing parking area ...... Only when the Superintendent opens the route due to high tides, beach erosion, shorebird closure or other circumstances which will, as a result, warrant public use of this access way. On controlled access routes for residents or caretakers of indi- January 1 through December 31. vidual dune cottages in the Province Lands. On commercial dune taxi routes following portions of the outer April 15 through November 15. beach and cottage access routes as described in the appropriate permit. On the outer beach from High Head to Head of the Meadow ... July 1 through August 31. Coast Guard beach in Truro to Long Nook beach ...... April 15 through November 15 (hours posted).

(3) May I launch a boat from a des- the established track before resuming ignated route? Boat trailering and the original direction of travel. launching by a permitted vehicle from (vi) If you make a rut or hole while a designated open route corridor is per- freeing a stuck vehicle, you must fill mitted. the rut or hole before you remove the (4) What travel restrictions and special vehicle from the immediate area. rules must I obey? You must comply (5) What activities are prohibited? The with all applicable provisions of this following are prohibited: chapter, including part 4, as well as the (i) Driving off a designated oversand specific provisions of this section. route. (i) On the beach, you must drive in a (ii) Exceeding a speed of 15 miles per corridor extending from a point 10 feet hour unless posted otherwise. seaward of the spring high tide drift (iii) Parking a vehicle in an oversand line to the berm crest. You may drive route so as to obstruct traffic. below the berm crest only to pass a (iv) Riding on a fender, tailgate, roof, temporary cut in the beach, and you door or any other location on the out- must regain the crest immediately fol- side of a vehicle. lowing the cut. Delineator posts mark (v) Driving a vehicle across a des- the landward side of the corridor in ignated swimming beach at any time critical areas. when it is posted with a sign prohib- (ii) On an inland oversand route, you iting vehicles. must drive only in a lane designated by (vi) Operating a motorcycle on an pairs of delineator posts showing the oversand route. sides of the route. (6) What special equipment must I have (iii) An oversand route is closed at in my vehicle? You must have in your any time that tides, nesting birds, or vehicle all the equipment required by surface configuration prevent vehicle the Superintendent, including: travel within the designated corridor. (i) Shovel; (iv) When two vehicles meet on the (ii) Tow rope, chain, cable or other beach, the operator of the vehicle with similar towing device; the water on the left must yield, except (iii) Jack; that self-contained vehicles always (iv) Jack support board; have the right of way. (v) Low air pressure tire gauge; and (v) When two vehicles meet on a sin- (vi) Five tires that meet or exceed es- gle-lane oversand route, the operator of tablished standards. the vehicle in the best position to yield (7) What requirements must I meet to must pull out of the track only so far operate an oversand vehicle? You may as necessary to allow the other vehicle operate an oversand vehicle only if you to pass safely, and then must back into first obtain an oversand permit from

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the Superintendent. The Super- (A) Access to town shellfish beds at intendent administers the permit sys- Hatches Harbor; tem for oversand vehicles and charges (B) Recovery of personal property, fees that are designed to recover NPS flotsam and jetsam from the beach; administrative costs. (C) Caretaker functions at a dune (i) The oversand permit is a Special cottage; or Use Permit issued under the authority (D) Fishing. of 36 CFR 1.6 and 4.10. You must pro- (9) What requirements must I meet to vide the following information for each use an oversand vehicle for camping? You vehicle for which you request a permit: may use an oversand vehicle to camp (A) Name and address of registered on the beach only in the manner au- owner; thorized in this section or as author- (B) Driver’s license number and State ized by the Superintendent through an- of issue; other approved permitting process. (C) Vehicle license plate number and (i) You must possess a valid permit State of issue; and issued under paragraph (a)(7) of this (D) Vehicle description, including section. year, make, model and color; make, (ii) You may camp only in a self-con- model and size of tires. tained vehicle that you park in a des- (ii) Before we issue a permit, you ignated area. A self-contained vehicle must: has a self-contained water or chemical (A) Demonstrate that your vehicle is toilet and a permanently installed equipped as required in paragraph (a)(6) holding tank with a minimum capacity of this section; of 3 days waste material. There are two (B) Provide evidence that you have designated areas with a maximum complied with all Federal and State li- combined capacity of 100 vehicles. censing registering, inspecting and in- (A) You must drive the self-contained surance regulations; and vehicle off the beach to empty holding (C) View an oversand vehicle oper- tanks at a dumping station at intervals ation educational program and ensure of no more than 72 hours. that all other potential operators view (B) Before returning to the beach, the same program. you must notify the Oversand Station (iii) The Superintendent will affix as specified by the Superintendent. the permit to your vehicle at the time (iii) You must not drive a self-con- of issuance. tained vehicle outside the limits of a (iv) You must not transfer your designated camping area except when oversand permit from one vehicle to entering or leaving the beach by the another. most direct authorized route. (8) What requirements must I meet to (iv) You are limited to a maximum of operate an oversand vehicle in the off sea- 21 days camping on the beach from son? To operate an oversand vehicle be- July 1 through Labor Day. tween November 16 and April 14, you (10) What special requirements must I must obtain from the Superintendent meet if I have a commercial vehicle? (i) To an oversand permit and a limited ac- operate a passenger vehicle for hire on cess pass. We will issue you a limited a designated oversand route, you must access pass if you have a valid oversand obtain a permit from the Super- permit (see paragraph (a)(7) of this sec- intendent. The Superintendent issues tion) and if you have viewed an edu- the permit under the authority of 36 cational program that outlines the spe- CFR 1.6, 4.10 and 5.6. cial aspects of off season oversand use. (ii) You must obey all applicable reg- (i) You may operate a vehicle during ulations in this section and all applica- the off-season only on the portion of ble Federal, State and local regula- the beach between High Head and tions concerning vehicles for hire. Hatches Harbor. (iii) You must provide the following (ii) You must not operate a vehicle information for each vehicle that will during the off-season within two hours use a designated oversand route: either side of high tide. (A) Name and address of tour com- (iii) We may issue a limited access pany and name of company owner; pass for the following purposes: (B) Make and model of vehicle;

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(C) Vehicle license plate number and Provincetown Airport approximately State of issue; and one-half mile south of Race Point (D) Number of passenger seats. Beach in the Provincelands area. (11) How will the Superintendent man- (2) Float equipped aircraft may be age the off-road vehicle program? (i) The landed only on federally controlled Superintendent will issue no more than coastal water in accordance with Fed- a combined total of 3400 oversand per- eral, State, and local laws and regula- mits annually, including self-contained tions. permits. (c) Motorboats. Motorboats are pro- (ii) The Superintendent will monitor hibited from all federally owned ponds the use and condition of the oversand and lakes within the seashore in Truro routes to review the effects of vehicles and Provincetown. on natural, cultural, and aesthetic re- (d) Shellfishing. Shellfishing, by per- sources in designated corridors. If the mit from the appropriate town, is per- Superintendent finds that resource mitted in accordance with applicable degradation or visitor impact is occur- Federal, State, and local laws. ring, he/she may amend, rescind, limit (e) Public nudity. Public nudity, in- the use of, or close designated routes. cluding public nude bathing, by any The Superintendent will do this con- person on Federal land or water within sistent with 36 CFR 1.5 and 1.7 and all the boundaries of Cape Cod National applicable Executive Orders; Seashore is prohibited. Public nudity is (iii) The Superintendent will consult a person’s intentional failure to cover with the Cape Cod National Seashore with a fully opaque covering that per- Advisory Commission regarding man- son’s own genitals, pubic areas, rectal agement of the off-road vehicle pro- area, or female breast below a point gram. immediately above the top of the are- (iv) The Superintendent will recog- ola when in a public place. Public place nize and use volunteers to provide edu- is any area of Federal land or water cation, inventorying, monitoring, field within the Seashore, except the en- support, and other activities involving closed portions of bathhouses, rest- off-road vehicle use. The Super- rooms, public showers, or other public intendent will do this in accordance structures designed for similar pur- with 16 U.S.C. 18 g–j. poses or private structures permitted (v) The Superintendent will report within the Seashore, such as trailers or annually to the Secretary of the Inte- tents. This regulation shall not apply rior and to the public the results of the to a person under 10 years of age. monitoring conducted under this sec- (f) Hunting. (1) Hunting is allowed at tion, subject to availability of funding. times and locations designated as open (12) What are the penalties for violating for hunting. the provisions of this section? Violation (2) Only deer, upland game, and mi- of a term or condition of an oversand gratory waterfowl may be hunted. permit issued in accordance with this (3) Hunting is prohibited from March section is prohibited. A violation may 1 through August 31 of each year. also result in the suspension or revoca- [35 FR 8446, May 29, 1970, as amended at 40 tion of the permit. FR 12789, Mar. 21, 1975; 40 FR 19197, May 2, (13) Has OMB approved the collection 1975; 49 FR 18451, Apr. 30, 1984; 50 FR 31181, of information in this section? As re- Aug. 1, 1985; 63 FR 9147, Feb. 24, 1998] quired by 44 U.S.C. 3501 et seq., the Of- fice of Management and Budget has ap- § 7.68 Russell Cave National Monu- proved the information collection re- ment. quirement contained in this section. (a) Caves—(1) Closed Areas. Entering, The OMB approval number is 1024–0026. exploring, or remaining within any We are collecting this information to cave area other than the public archeo- allow the Superintendent to issue off- logical exhibit without prior written road vehicle permits. You must provide permission of the Superintendent is the information in order to obtain a prohibited. permit. (2) Permits. Permits for entry into (b) Aircraft. (1) Land based aircraft other than public exhibit areas of the may be landed only at the cave will be issued within limitations

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of safety provided the applicant satis- of Diablo Dam or Ross Dam or on those fies the Superintendent that he has posted as closed for fish spawning is proper equipment for cave exploration, prohibited. such as lighting equipment, protective (c) Weapons. The following location is headwear, and appropriate shoes or designated for target practice between boots. Other reasonable administrative the hours of sunrise and sunset, subject requirements may be imposed by the to all applicable Federal, State, and Superintendent provided reasonable local laws: in the SE 1⁄4 of sec. 19, and notice of these requirements is given to the NE 1⁄4 of sec. 30, T. 37 N., R. 12 E., the applicant. WM, approximately 200 yards north- (3) Solo Exploration. Solo exploration west of State Route 20 near mile mark- is not permitted in the caves other er 119, the area known as the than in the public archeological ex- Newhalem rifle range. hibit areas. [49 FR 19652, May 9, 1984 as amended at 50 FR [35 FR 7557, May 15, 1970] 51856, Dec. 20, 1985; 54 FR 48869, Nov. 28, 1989]

§ 7.69 Ross Lake National Recreation § 7.70 Glen Canyon National Recre- Area. ation Area. (a) Snowmobiles. After consideration (a) Designated airstrips. (1) Wahweap, of existing special situations, i.e., latitude 36°59′45″ N., longitude 111°30′45″ depth of snow, and depending on local W. weather conditions, and subject to any (2) Bullfrog, latitude 37°33′00″ N., lon- and all restrictions or prohibitions fur- gitude 110°42′45″ W. ther imposed by the State of Wash- (3) Halls Crossing, latitude 37°28′10″ ington on Highway 20, the super- N., longitude 110°42′00″ W. intendent may designate as open to the (4) Hite, latitude 37°53′30″ N., lon- use of snowmobiles the following loca- gitude 110°23′00″ W. tions within the Ross Lake National ° ′ ″ Recreation Area: (5) Gordon Flats, latitude 38 10 30 N., ° ′ ″ (1) State Highway 20, that portion longitude 110 09 00 W. normally closed to motor vehicles dur- (6) The entire surface of Lake Powell, ing the winter season. subject to the restrictions contained in (2) The Hozomeen entrance road from § 2.17 of this chapter. the U.S./Canadian border to the end of (b) Unattended property. Vehicles or the road at East Landing. boat trailers, or vehicle/boat trailer (3) Access and circulatory roads in combinations, may be left unattended the Hozomeen developed area normally for periods of up to 14 days, when open to public motor vehicle use. parked in parking areas adjacent to (4) The Thornton Lake Road from designated boat launching sites, with- State Highway 20 to Thornton Lake out the prior permission of the Super- Trailhead parking area. intendent. Any vehicle or boat trailer (5) The Damnation Creek Road from or vehicle/boat trailer combination its junction with the Thornton Lake which is left in parking areas adjacent Road to the North Cascades National to designated boat launching sites for Park boundary. over 14 days may be impounded by the (6) The Newhalem Creek Road from Superintendent. State Highway 20 to its junction with (c) Colorado River white-water boat the down-river road on the south side trips. The following regulations shall of the Skagit River. apply to all persons using the waters (7) The down-river road on the south of, or Federally owned land adminis- side of the Skagit River from its junc- tered by the National Park Service tion with the Newhalem Creek Road to along the Colorado River within Glen the end of the road across the Skagit Canyon National Recreation Area, River from the mouth of Sky Creek. from the Lees Ferry launch ramp (b) Aircraft. The operation of aircraft downstream to the eastern boundary of is allowed on the entire water surface Grand Canyon National Park: of Diablo Lake and Ross Lake, except (1) No person shall operate a vessel that operating an aircraft under power engaging in predominantly upstream on water surface areas within 1,000 feet travel or having a total horsepower in

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excess of 55 without a permit from the above rapids, eddies, and riffles or near Superintendent. rough water. (2) U.S. Coast Guard approved life (8) No camping is allowed along the preservers shall be worn by every per- Colorado River bank between the Lees son while traveling in boats or rafts on Ferry launch ramp and the Navajo this section of the river, or while lining Bridge. or portaging near rough water. One (9) All persons issued a river trip per- extra preserver must be carried on each mit shall comply with all terms and vessel for each ten (10) passengers. conditions of the permit. (3) No person shall conduct, lead or (d) Assembly and launching of river guide a river trip through Glen Canyon rafts and boats. The following regula- Recreation Area unless such person tions shall apply to all persons des- possesses a permit issued by the Super- ignated under paragraph (e) of this sec- intendent of Grand Canyon National tion (Colorado white-water trips): Park. The National Park Service reserves the right to limit the number of (1) The assembly and launching of such permits issued, or the number of rafts or boats, and parking or storing persons traveling on trips authorized of any related equipment or supplies is by such permits when in the opinion of restricted to those areas designated by the National Park Service such limita- the Superintendent. tions are necessary in the interest of (2) Within such designated areas, the public safety or protection of the eco- Superintendent may assign or limit logical and environmental values of space and designate time periods of op- the area. eration for each individual river trip or (i) The Superintendent of Grand Can- operator. yon National Park shall issue a permit (e) PWC. (1) A person may launch and upon a determination that the person operate a PWC in park waters or beach leading, guiding, or conducting a river a PWC on park lands, except in the fol- trip is experienced in running rivers in lowing areas: white-water navigation of similar dif- (i) On the Colorado River between ficulty, and possesses appropriate Glen Canyon Dam and the downstream equipment, which is identified in the river boundary of Glen Canyon Na- terms and conditions of the permit. tional Recreation Area where it adjoins (ii) No person shall conduct, lead, Grand Canyon National Park. guide, or outfit a commercial river trip (ii) On the Colorado River upstream without first securing the above permit of Sheep Canyon. and possessing an additional permit au- (iii) On the San Juan River upstream thorizing the conduct of a commercial of Clay Hills pullout. or business activity in the recreation (iv) On the Escalante River upstream area. of Coyote Creek. (iii) An operation is commercial if any fee, charge, or other compensation (v) On the Dirty Devil River up- is collected for conducting, leading, stream of Utah Highway 95 bridge. guiding, or outfitting a river trip. A (2) A person may not operate a PWC river trip is not commercial if there is at speed in excess of flat wake speed on a bona fide sharing of actual expenses. the Escalante River from Cow Canyon (4) All human waste will be taken out to Coyote Creek. of the Canyon and deposited in estab- (3) After December 31, 2012, no one lished receptacles, or will be disposed may operate a PWC that does not meet of by such means as is determined by the 2006 emission standards set by EPA the Superintendent. for the manufacturing of two-stroke (5) No person shall take a dog, cat, or engines. A person operating a PWC other pet on a river trip. that meets the EPA 2006 emission (6) The kindling of a fire is permitted standards through the use of direct in- only on beaches. All fires must be com- jection two-stroke or four-stroke en- pletely extinguished only with water gines, or the equivalent thereof, is not before abandoning the area. subject to this prohibition and will be (7) Swimming and bathing are per- allowed to operate as described in this mitted except in locations immediately section.

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(4) The Superintendent may tempo- (d) Commercial Vehicles. (1) Notwith- rarily limit, restrict or terminate ac- standing the prohibition of commercial cess to the areas designated for PWC vehicles set forth at § 5.6 of this chap- use after taking into consideration ter, the following commercial vehicles public health and safety, natural and are authorized to use that portion of cultural resource protection, and other U.S. Highway 209 located within the management activities and objectives. Delaware Water Gap National Recre- ation Area: [32 FR 5424, Mar. 31, 1967, as amended at 33 (i) Those operated by businesses FR 11358, Aug. 9, 1968; 34 FR 2206, Feb. 14, based within the recreation area; 1969; 34 FR 11302, July 8, 1969; 36 FR 23294, (ii) Those operated by businesses Dec. 8, 1971; 40 FR 27030, June 26, 1975; 41 FR 27723, July 6, 1976; 42 FR 25857, May 20, 1977; which as of July 30, 1983, operated a 48 FR 30295, June 30, 1983; 68 FR 55465, Sept. commercial vehicular facility in Mon- 26, 2003; 72 FR 13706, Mar. 23, 2007] roe, Pike, or Northampton Counties, PA, and the vehicle operation origi- § 7.71 Delaware Water Gap National nates or terminates at such facility; Recreation Area. (iii) On a first come-first served basis, up to 125 northbound and up to (a) [Reserved] 125 southbound commercial vehicles (b) (1) A Designated snowmobile routes. per day serving businesses or persons route in Middle Smithfield Township, in Orange County, Rockland County, Monroe County, Pennsylvania, bounded Ulster County or Sullivan County, New by the Delaware River on the east and York; and Hidden Lake on the west. The route be- (iv) Those operated in order to pro- gins at the Smithfield Beach parking vide services to businesses and persons area and is in two loops. Loop One is a located in or contiguous to the bound- small trail approximately 3 miles long aries of the recreation area. and follows the west bank of the Dela- (2) Contiguous Areas. All land within ware River and closely parallels the the exterior boundaries of Lehman, east side of L. R. 45012 (commonly Delaware, Milford, Dingman, Stroud, known as the River Road). Loop Two is Westfall, Middle Smithfield, Smithfield approximately 6 miles long and begins and Upper Mount Bethel townships is at the northwest end of Loop One; it deemed contiguous to the recreation goes northeasterly between the Dela- area. ware River and River Road for about (e) Commercial vehicle fees—(1) Fee one mile until it crosses River Road; Schedule: Fees are charged for those then southwesterly along the ridge commercial vehicular uses described in which is south of Hidden Lake to a paragraphs (d)(1)(i), (ii) and (iii) of this point opposite the west end of Hidden section based on the number of axles Lake, and then goes southeasterly and wheels on a vehicle, regardless of until it returns to Loop One near River load or weight, as follows: Road. Maps of the route are available (i) Two-axle car, van or truck ...... $3 at Smithfield Beach and at the office of (ii) Two-axle vehicle with trailer ...... $5 the superintendent. Both loops are (iii) Two-axle 6-wheeled vehicle ...... $8 (iv) Three-axle vehicle ...... $10 marked by appropriate signs. (v) Four-axle vehicle ...... $13 (2) [Reserved] (vi) Five or more-axle vehicle ...... $18 (c) Technical rock climbing—(1) Defini- The fees charged are for one trip, one tion. The term ‘‘technical rock climb- way. ing’’ is defined to mean climbing where (2) Exceptions. The following commer- such technical climbing aids as pitons, cial vehicles are exempt from the com- carabiners or snap links, ropes, expan- mercial fee requirements. sion bolts, or other mechanical equip- (i) Vehicles necessary to provide ment are used to make the climb. services to businesses or persons with- (2) Registration. Registration is re- in, or contiguous to the recreation quired with the Superintendent prior area. to any technical rock climbing. The (ii) Any vehicle owned by a Federal, registrant is required to notify the Su- State or municipal agency. perintendent upon completion of the (iii) Any vehicle owned or operated climb. by a publicly owned utility company.

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(iv) Any vehicle operated by a non- tamper with wrecked or abandoned wa- profit or educational organization. terborne craft of any type or condition, (v) Any commercially licensed vehi- or any cargo pertaining thereto, unless cle or vehicle otherwise identified as a permitted in writing by an authorized commercial vehicle, when at that par- official of the National Park Service. ticular time it is being used for non- (d) Boats. (1) No watercraft shall op- commercial purposes. erate in such a manner, nor shall an- (f) Powerless flight. The use of devices chors or any other mooring device be designed to carry persons through the cast or dragged or placed, so as to air in powerless flight is allowed at strike or otherwise cause damage to times and locations designated by the any underwater features. superintendent, pursuant to the terms (2) Anchoring or maneuvering and conditions of a permit. watercraft within the waters that con- (g) Fishing. Unless otherwise des- tain underwater marked swimming ignated, fishing in any manner author- trails and interpretive signs is prohib- ized under applicable State law is al- ited. lowed. (3) Anchoring is prohibited except by [34 FR 13595, Aug. 23, 1969, as amended at 47 permit issued by the Superintendent FR 4256, Jan. 29, 1982; 48 FR 30295, June 30, for deep sand bottom areas or for ad- 1983; 48 FR 46780, 46782, Oct. 14, 1983; 49 FR ministrative purposes. 9421, Mar. 13, 1984; 49 FR 18451, Apr. 30, 1984; (4) Anchoring will be allowed in 50 FR 34130, Aug. 23, 1985; 51 FR 40419, Nov. 7, emergency situations only to protect 1986; 52 FR 34777, Sept. 15, 1987; 69 FR 57181, life and property. Sept. 24, 2004] (5) All watercraft, carrying pas- § 7.72 Arkansas Post National Memo- sengers, for hire, shall comply with ap- rial. plicable regulations and laws of the (a) Launching, beaching, or landing of U.S. Coast Guard and Territory of the vessels. Except in emergencies, no ves- Virgin Islands. sel shall be launched, beached, or land- (e) Fishing. (1) All forms of fishing are ed from or on lands within the Arkan- prohibited including, but not limited sas Post National Memorial. to, spearfishing, rod and reel, hand- line, nets, gill or trammel, traps or [35 FR 13206, Aug. 19, 1970] pots, snares, hooks, poison, cast nets, trawl, seine, and long-line. § 7.73 Buck Island Reef National Monument. (2) The use or possession of any type of fishing equipment or any of the (a) Extractive uses. All extractive uses items listed in paragraph (a) of this are prohibited within the boundaries of section is prohibited within the bound- the Monument, including but not lim- aries of the Monument. ited to harvest or collection (on the land or in the water) of fish for any [29 FR 17091, Dec. 15, 1964, as amended at 48 use, marine mammals, coastal migra- FR 30295, June 30, 1983; 68 FR 16435, Apr. 4, tory pelagic fish, baitfish, lobsters, 2003] conch, whelk, hermit crabs (soldier § 7.74 Virgin Islands National Park. crabs), seashells, corals, dead coral, sea fans, sponges and all associated reef in- (a) [Reserved] vertebrates, plants, fruits and seeds, (b) Marine operations. No dredging, firewood, driftwood, rocks, sand, gas, excavating or filling operations of any oil, and minerals. kind are permitted, and no equipment, (b) Marine operations. No dredging, structures, byproducts or excavated excavating or filling operations of any materials associated with such oper- kind are permitted, and no equipment, ations may be deposited in or on the structures, byproducts or excavated waters or ashore within the boundaries materials associated with such oper- of the Park. ations may be deposited in or on the (c) Wrecks. No person shall destroy, waters or ashore within the boundaries molest, remove, deface, displace or of the Monument. tamper with wrecked or abandoned wa- (c) Wrecks. No person shall destroy terborne craft of any type or condition, molest, remove, deface, displace or or any cargo pertaining thereto unless

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permitted in writing by an authorized possession more than two days’ limit: official of the National Park Service. Provided, That paragraph (e)(5) of this (d) Boats. (1) No watercraft shall be section shall apply. operated in such a manner, nor shall (5) All known means of taking fish, anchors or any other mooring device be crustaceans, mollusks, turtles, or other cast or dragged or placed, so as to marine life are prohibited in Trunk strike or otherwise cause damage to Bay and in other waters containing un- any underwater features. derwater signs and markers. (2) Anchoring or maneuvering [29 FR 17091, Dec. 15, 1964, as amended at 48 watercraft within the waters that con- FR 30296, June 30, 1983] tain underwater marked swimming trails and interpretive signs is prohib- § 7.75 Padre Island National Seashore. ited. (a) Off-road motor vehicle and motor- (3) Vessels desiring to enter Trunk cycle operation. (1) The following regu- Bay must enter and depart between the lations pertain to the operation of two outer buoys delineating the pre- motor vehicles and motorcycles off es- scribed anchorage area, and shall an- tablished roads and parking areas. The chor within described area, and no operation of such vehicles and motor- other, making sure the vessel will lie cycles is subject also to the applicable within this area regardless of wind or provisions of part 4 of this chapter and sea conditions: Except, that hand-pro- paragraphs (e) and (g) of this section. pelled craft may be used to transport (i) No person may operate a motor passengers and equipment between the vehicle or motorcycle without a valid anchorage area and the beach. operator’s license or learner’s permit (4) All vessels carrying passengers for in his possession; an operator who has hire shall comply with applicable laws a learner’s permit must be accom- and regulations of the United States panied by an adult who has a valid op- Coast Guard and Territory of the Vir- erator’s license; a driver’s license or gin Islands. learner’s permit must be displayed (e) Fishing. (1) Taking of fishes or any upon the request of any authorized per- other marine life in any way except son. with rod or line, the rod or line being (ii) In addition to the requirements of held in the hand, is prohibited: Pro- § 4.10 of this chapter, every motor vehi- vided, That fish may be taken by pots cle and motorcycle must have an oper- or traps of conventional Virgin Islands able horn, windshield wiper or wipers design and not larger than five feet at (except motorcycles), brake light or the greatest dimension, and bait fish lights, and rearview mirror. may be taken by nets of no greater (iii) Motor vehicles and motorcycles overall length than 20 feet and of mesh must have valid license plates. not larger than 1 inch stretched: Pro- (iv) Every motor vehicle and motor- vided further, That paragraphs (e) (3), cycle must have a valid State vehicle (4), and (5) of this section shall apply. inspection certificate when such cer- (2) The use or possession of any type tificate is required for highway use in of spearfishing equipment within the the State in which the vehicle is li- boundaries of the park is prohibited. censed. (3) The species of crustaceans known (v) When two motor vehicles or mo- as Florida Spiny Lobster (Panulirus torcycles meet on the beach, the oper- argus) may be taken by hand or hand- ator of the vehicle in southbound traf- held hook. No person shall take female fic shall yield the right-of-way, where lobsters with eggs; or take more than necessary, by turning out of the track two lobsters per person per day; or to the right. have in possession more than two days’ (2) Off-road motor vehicle and motor- limit: Provided, That paragraph (e)(5) of cycle use areas and routes. The following this section shall apply. routes and areas are open to such vehi- (4) Species of mollusks commonly cles: (i) Travel is permitted on all of known as whelks and conchs may be the beach adjacent to the Gulf of Mex- taken by hand. No person shall take ico, except for the approximately 41⁄2 more than two conchs or one gallon of miles of beach between the North and whelks, or both, per day, or have in South Beach Access Roads.

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(ii) The route west of Big Shell (4) Riding on fenders, tailgate, roof, Beach, locally known as the Back or any other position outside of the ve- Road. This route begins on the beach hicle is prohibited. adjacent to the Gulf of Mexico approxi- (f) [Reserved] mately three miles south of Yar- (g) Speed. Except where different borough Pass and returns to the beach speed limits are indicated by posted approximately 15 miles south of Yar- signs or markers, speed of automobiles borough Pass. and other vehicles shall not exceed 25 (iii) The route beginning on the miles per hour where driving is per- beach adjacent to the Gulf of Mexico mitted on the beach. approximately 11 miles south of Yar- (h) Mineral exploration and extrac- borough Pass and ending with its inter- tion—(1) Scope. The regulations in this paragraph are made, prescribed, and section with the Back Road approxi- published pursuant to the Act of Sep- mately one mile west of the beach. tember 28, 1962, 76 Stat. 651, 16 U.S.C. This route is locally known as the 459d–3 (1964), to provide for the occupa- Dunn Ranch Road. tion and use of so much of the surface (iv) Travel is permitted in an area of the land or waters within the Padre within 200 feet of the north bank of the Island National Seashore—for all pur- Mansfield Channel, beginning on the poses reasonably incident to the min- beach adjacent to the Gulf of Mexico ing and removal of oil and gas minerals and ending approximately 3⁄4 mile west and of other minerals which can be re- of the beach. moved by similar means—in a manner (b) Hunting. (1) Hunting is prohibited, that will be consistent with develop- except that during the open season pre- ment of recreational facilities by the scribed by State and Federal agencies, Secretary of the Interior, with surface the hunting of waterfowl is allowed use of the lands and waters in the Sea- upon the waters of Laguna Madre shore by the public for recreational wherever a floating vessel of any type purposes and with preservation of the is capable of being operated, at what- area’s natural features and values. The ever tide level may exist. Provided, provisions of these regulations shall however, that the waters surrounding govern also any right of occupation or North and South Bird Islands and other use of the surface within the bound- designated rookery islands are closed aries of the Seashore, granted by the to all hunting as posted. Hunting, Secretary subsequent to April 11, 1961, where authorized, is allowed in accord- for the exploration, development, pro- ance with all applicable Federal, State duction, storing, processing or trans- and local laws for the protection of porting of oil and gas minerals that are wildlife. removed from outside the boundaries of (2) The erecting of a structure for use the Seashore. They shall not apply to as a hunting blind is prohibited except such rights of occupation or use exist- that a temporary blind may be used ing on April 11, 1961, which are reason- when removed at the end of each hunt- ably necessary. ing day. (2) Operator. As used in this paragraph, an operator shall mean anyone (c)–(d) [Reserved] who in accordance with the provisions (e) Prohibited vehicle operations. The of the aforesaid Act of September 28, following operations are prohibited on 1962, possesses the right (whether as and off established roads and parking owner of a mineral interest, lessee, areas. holder of operating rights, or other- (1) The use of ground effect or wise), to mine or remove minerals from aircushion vehicles is prohibited. lands within the Padre Island National (2) The use of vehicles propelled by Seashore or the right to occupy or use the wind, commonly known as sail the surface of Seashore lands for the cars, is prohibited. exploration, development, production, (3) Towing of persons behind vehicles storing, processing or transporting of on a sled, box, skis, surfboard, para- oil and gas minerals that are removed chute, or in any other way is prohib- from outside the boundaries of the Sea- ited. shore.

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(3)Exercise of non-Federal Oil and Gas § 7.79 Amistad Recreation Area. Rights. Before entering the National (a) Hunting. (1) Hunting is allowed at Seashore for the purpose of conducting times and locations designated as open any operations pursuant to a mineral for hunting. interest authorized under the Act pro- (2) The hunting season and species al- viding for establishment of the Sea- lowed to be taken will be designated on shore, the operator shall comply with an annual basis by the superintendent. the requirements of part 9, subpart B of (3) Deer, javelina, and turkey may be this chapter. taken only by long bow and arrow. (4) All activities relating to the exer- Water fowl and game birds may be cise of mineral interests which take taken only by shotguns and bird shot. place within the boundaries of the park The use of all other weapons for hunt- shall be in accordance with an ap- ing is prohibited. proved Plan of Operations. (b) Fishing. Unless otherwise designated, fishing in a manner authorized (5) Applicability of State laws. All oper- under applicable State law is allowed. ators, as defined in subparagraph (2) of (c) Personal Watercraft (PWC). (1) this paragraph shall abide by all rules PWCs are allowed within Amistad Na- and regulations as may be prescribed tional Recreation Area with the fol- by the Texas Railroad Commission or lowing exceptions: other authority of the State of Texas. (i) The following areas are closed to [31 FR 3458, Mar. 5, 1966, as amended at 39 FR PWC use: 40156, Nov. 14, 1974; 43 FR 6229, Feb. 14, 1978; (A) Hidden Cave Cove (where marked 48 FR 30296, June 30, 1983; 51 FR 35647, Oct. 7, by buoys), located on the Rio Grande. 1986; 52 FR 10686, Apr. 2, 1987] (B) Painted Canyon (where marked by buoys), located on the Rio Grande. § 7.76 Wright Brothers National Memo- (C) Seminole Canyon, starting 0.5 rial. miles from the mouth of the Rio (a) Designated airstrip. Wright Broth- Grande. (D) Government coves at Diablo East ers National Memorial Airstrip, lo- and Rough Canyon to include the water cated at Kill Devil Hills, N.C. and shoreline to the top of the ridge/ (b) Use of airstrip. Except in emer- property line. gencies, no aircraft may be parked, (E) All terrestrial cave and karst fea- stopped, or left unattended at the des- tures. ignated airstrip for more than 24 con- (F) The Lower Rio Grande area below secutive hours, or for more than a total Amistad Dam. of 48 hours during any 30-day period. (G) The water area extending 1000 feet out from the concrete portion of [32 FR 2564, Feb. 7, 1967] Amistad Dam. § 7.77 Mount Rushmore National Me- (ii) PWC are prohibited from landing morial. on any island posted as closed. (2) The Superintendent may tempo- (a) Climbing Mount Rushmore is pro- rarily limit, restrict or terminate ac- hibited. cess to the areas designated for PWC [32 FR 13071, Sept. 14, 1967] use after taking into consideration public health and safety, natural and § 7.78 Harpers Ferry National Histor- cultural resource protection, and other ical Park. management activities and objectives. (a) All persons shall register at park [34 FR 6524, Apr. 16, 1969, as amended at 34 headquarters before climbing any por- FR 15415, Oct. 3, 1969; 49 FR 18451, Apr. 30, tion of the cliff face of Maryland 1984; 69 FR 30216, May 27, 2004; 72 FR 13706, Mar. 23, 2007] Heights. A registrant shall check out, upon completion of climbing, in the § 7.80 Sleeping Bear Dunes National manner specified by the registering of- Lakeshore. ficial. (a) Powerless flight. The use of devices [34 FR 8356, May 30, 1969] designed to carry persons through the air in powerless flight is allowed at

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times and locations designated by the (5) Maps showing designated use superintendent, pursuant to the terms areas are available at park head- and conditions of a permit. quarters. (b) Fishing. Unless otherwise des- (c) Off-road vehicles. (1) Off-road ignated, fishing in a manner authorized motor vehicles may be operated for au- under applicable State law is allowed. thorized purposes in the following designated areas within the Lakeshore: [49 FR 18451, Apr. 30, 1984] (i) The frozen surface of Lake Supe- § 7.81 Point Reyes National Seashore. rior that surrounds every island from the shoreline out to the authorized (a) Powerless flight. The use of devices boundary; and designed to carry persons through the (ii) The frozen surface of Lake Supe- air in powerless flight is allowed at rior from Sand Point to the mainland times and locations designated by the unit’s eastern boundary. superintendent, pursuant to the terms (2) Off-road motor vehicle use is au- and conditions of a permit. thorized solely for the purpose of pro- [49 FR 18451, Apr. 30, 1984] viding access for legal forms of: (i) Ice fishing; § 7.82 Apostle Islands National Lake- (ii) Hunting and trapping; shore. (iii) Winter camping; (a) Fishing. Unless otherwise des- (iv) Other non-motorized recreational ignated, fishing in a manner authorized activities; and under applicable State law is allowed. (v) Access to non-NPS property by owners, and to NPS properties by ‘‘use (b) Snowmobiles. (1) Snowmobiles may and occupancy’’ lessees and their be operated for authorized purposes in guests. the following designated areas within (3) Off-road motor vehicles may be the Lakeshore: used for administrative, law enforce- (i) The frozen surface of Lake Supe- ment, and emergency services as deter- rior that surrounds every island from mined by the Superintendent. the shoreline out to the authorized (4) Off-road motor vehicle use in boundary; areas and for purposes other than those (ii) The frozen surface of Lake Supe- stated in paragraphs (c)(1) and (c)(2) is rior from Sand Point to the mainland prohibited. unit’s eastern boundary; (5) Maps showing designated use 1 (iii) The ⁄4 mile section of the Big areas are available at park head- Sand Bay Road that passes through the quarters. park mainland unit to non-NPS prop- (d) Ice augers and power engines. (1) erty. Ice auger means a portable gasoline or (2) Snowmobile use is authorized electric powered engine connected to a solely for the purpose of providing ac- rotating helical shaft for boring cess for legal forms of: through the frozen surface of a lake. (i) Ice fishing; (2) Power engine means a mobile gaso- (ii) Hunting and trapping; line or electric powered engine or de- (iii) Winter camping; vice that is connected to a rotating (iv) Other non-motorized recreational saw blade or teeth linked in an endless activities; and chain for cutting through the frozen (v) Access to non-NPS property by ice surface of a lake. owners, and to NPS properties by ‘‘use (3) Notwithstanding the requirements and occupancy’’ lessees and their of 36 CFR 2.12(a)(3), operation of an ice guests. auger or power engine is authorized on (3) Snowmobiles may be used for ad- designated portions of Lake Superior ministrative, law enforcement, and for the specific purpose of cutting emergency services as determined by through the ice surface to provide ac- the Superintendent. cess for legal ice fishing activity. (4) Snowmobile use in areas and for (4) Areas designated for use of an ice purposes other than those stated in auger or power engine include: paragraphs (b)(1) and (b)(2) of this sec- (i) The frozen surface of Lake Supe- tion is prohibited. rior that surrounds every island from

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the shoreline out to the authorized (2) Permits. The superintendent may boundary; and issue written permits for scuba diving (ii) The frozen surface of Lake Supe- in springs within the boundaries of the rior from Sand Point to the mainland Ozark National Scenic Riverways; Pro- unit’s eastern boundary. vided, (5) Maps showing designated use (i) That the permit applicant will be areas are available at park head- engaged in scientific or educational in- quarters. vestigations which will have demon- (6) Use of an ice auger or power en- strable value to the National Park gine on any land surface or frozen Service in its management or underwater surface outside of designated use standing of riverways resources. areas is prohibited without a permit. (ii) [Reserved] (c) Commercial Activities. The activi- [49 FR 18451, Apr. 30, 1984, as amended at 70 ties listed herein constitute commer- FR 16716, Apr. 1, 2005] cial activities which are prohibited § 7.83 Ozark National Scenic within the boundaries of Ozark Na- Riverways. tional Scenic Riverways, except in accordance with the provisions of a per- (a) Restrictions for motorized vessels. (1) mit, contract, or other written agree- On waters situated within the bound- ment with the United States. The Na- aries of Ozark National Scenic tional Park Service reserves the right Riverways, the use of a motorized ves- to limit the number of such permits, sel is limited to a vessel equipped with contracts or other written agreements, an outboard motor only. when, in the judgment of the Service, (2) For the purposes of this section, such limitation is necessary in the in- horsepower ratings on a particular terest of visitor enjoyment, public motor will be based upon the prevailing safety, or preservation or protection of industry standard of power output at the resources or values of the the propeller shaft as established by Riverways. the manufacturer. (1) The sale or rental of any goods or (3) The use of a motorized vessel is equipment to a member or members of allowed as follows: the public which is undertaken in the (i) Above the Big Spring landing on course of an ongoing or regular com- the Current River and below Alley mercial enterprise. Spring on the Jacks Fork River with (2) The performance of any service or an outboard motor not to exceed 40 activity for a member or members of horsepower. the public in exchange for monetary or (ii) Above Round Spring on the Cur- other valuable consideration. rent River and above Alley Spring on (3) The delivery or retrieval within the Jacks Fork River with an outboard the boundaries of Ozark National Sce- motor not to exceed 25 horsepower. nic Riverways of watercraft or associ- (iii) Above Akers Ferry on the Cur- ated boating equipment which has been rent River from May 1 to September 15 rented to a member or members of the with an outboard motor not to exceed public at a location not within the 10 horsepower. Riverways, when such delivery or re- (iv) Above Bay Creek on the Jacks trieval is performed by a principal, em- Fork River from March 1 to the Satur- ployee or agent of the commercial en- day before Memorial Day with an out- terprise offering the equipment for board motor not to exceed 10 horse- rental and when these services are per- power. formed as an integral part, necessary (4) Operating a motorized vessel complement, or routine adjunct of or other than as allowed in § 7.83(a) is pro- to the rental transaction, whether or hibited. not any charge, either separately or in (b) Scuba Diving. (1) Scuba diving is combination with any other charge, is prohibited within all springs and spring made for these services. branches on federally owned land with- (4) The performance, by a principal, in the boundaries of Ozark National employee, or agent of a commercial en- Scenic Riverways without a written terprise, within the boundaries of permit from the superintendent. Ozark National Scenic Riverways of

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any other service or activity for which (2) The taking of abalone and lobsters a fee, charge or other compensation is for commercial purposes is prohibited not collected, but which is an integral in the following areas: part, necessary complement, or routine (i) Anacapa Island. Northside to exte- adjunct of or to any commercial trans- rior boundary of the monument be- action undertaken by that enterprise tween east end of Arch Rock 119°21′– for which monetary or other valuable 34°01′ and west end of island, 119°27′– consideration is charged or collected, 34°01′. even though such transaction is initi- (ii) Santa Barbara Island. Eastside to ated, performed, or concluded outside exterior boundary of monument 119°02′– the boundaries of the Riverways. 33°28′ and 119°02′–33°29′30″. (5) The solicitation of any business, (3)(i) The use of all nets is prohibited employment, occupation, profession, within the outer edge of the kelp line trade, work or undertaking, which is surrounding Anacapa and Santa Bar- engaged in with some continuity, regu- bara Islands. larity or permanency for any liveli- (ii) The use of trammel or gill nets is hood, gain, benefit, advantage, or prof- prohibited in less than 20 fathoms of it. water in all areas surrounding Anacapa (d) Fishing. (1) Unless otherwise des- and Santa Barbara Islands. ignated, fishing in a manner authorized (4) The Superintendent shall require under applicable State law is allowed. all persons fishing commercially with- (2) The superintendent may designate in Channel Islands National Monu- times and locations and establish con- ment, on waters open for this purpose, ditions under which the digging of bait to obtain an annual permit from him. for personal use is allowed. Such permits shall be issued on request (e) Frogs, turtles and crayfish. (1) The except that: superintendent may designate times (i) Lobster permits for Anacapa and and locations and establish conditions Santa Barbara Islands will be issued governing the taking of frogs, turtles only to applicants who filed with the and/or crayfish upon a written deter- California State Department of Fish mination that the taking of frogs, tur- and Game fish receipts for lobsters tles and/or crayfish: caught at Anacapa and Santa Barbara (i) Is consistent with the purposes for Islands during the period July 1, 1968, which the area was established; and to July 1, 1971. (ii) Will not be detrimental to other (ii) Abalone permits for Anacapa and park wildlife or the reproductive po- Santa Barbara Islands will be issued tential of the species to be taken; and only to applicants who filed with the (iii) Will not have an adverse effect California State Department of Fish on the ecosystem. and Game fish receipts for abalone (2) Violation of established condi- caught at Anacapa and Santa Barbara tions or designations is prohibited. Islands during the period July 1, 1968, to July 1, 1971. [38 FR 5851, Mar. 5, 1973, as amended at 41 FR 23959, June 14, 1976; 49 FR 18451, Apr. 30, 1984; [38 FR 5622, Mar. 17, 1973, as amended at 48 50 FR 43388, Oct. 25, 1985; 56 FR 30696, July 5, FR 30296, June 30, 1983] 1991; 56 FR 37158, Aug. 5, 1991] § 7.85 Big Thicket National Preserve. § 7.84 Channel Islands National Park. (a) Hunting. Except as otherwise pro- (a) [Reserved] vided in this section, hunting is per- (b) Wrecks. No person shall destroy, mitted in accordance with § 2.2 of this molest, remove, deface, displace, or chapter. tamper with wrecked and abandoned (1) Hunting is permitted only during water or airborne craft or any cargo designated seasons, as defined for game pertaining thereto. animals or birds by the State of Texas. (c) Fishing. The taking of any fish, During other periods of the year, no crustaceans, mollusk, or other marine hunting is permitted. life shall be in compliance with State (2) During applicable open seasons, regulations except that: only the following may be hunted: (1) No invertebrates may be taken in (i) Game animals, rabbits, and feral water less than five (5) feet in depth. or wild hogs.

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(ii) Game birds and migratory game (a)(2)(iii), the following areas, which birds. are shown on a map numbered BC–91– (3) The use of dogs or calling devices 001, dated November 1975, and available for hunting game animals or fur-bear- for public inspection at the office of ing animals is prohibited. the Superintendent, are open to motor- (4) The use or construction of stands, ized vehicles: blinds or other structures for use in (A) The area south and west of Loop hunting or for other purposes is prohib- Road (State Road #B94). ited. (B) The area north of Tamiami Trail. (b) Trapping. Trapping, for fur-bear- ing animals only, is permitted in ac- (ii) The following areas which are cordance with § 2.2 of this chapter. shown on a map numbered BC–91–001, (c) Hunting and Trapping Permits. In dated November 1975, and available for addition to applicable State licenses or public inspection at the office of the permits, a permit from the Super- Superintendent, are closed to motor- intendent is required for hunting or ized vehicles: trapping on Preserve lands. Permits (A) The areas between the Loop Road will be available, free of charge, at Pre- (State Hwy. #B94) and the Tamiami serve headquarters and can be obtained Trail (U.S. Hwy. #B41), except that the in person or by mail. Superintendent may issue a permit to (d) Firearms, Traps, and Other Weap- provide for reasonable access by legal ons. Except as otherwise provided in residents or to provide access by au- this paragraph, § 2.4 of this chapter thorized oil and gas companies. shall be applicable to Preserve lands. (B) Big Cypress Florida Trail, Sec- (1) During open hunting or trapping tion 1, One marked main hiking trail, seasons, the possession and use of fire- from Tamiami Trail to Alligator Alley; arms or other devices capable of de- and the two marked loop trails are stroying animal life is permitted in ac- closed to the use of all motorized vehi- cordance with § 2.4 of this chapter. cles, except that vehicles may cross the (2) The possession of firearms or trails. other weapons at night, from one hour after sunset to one hour before sunrise (iii) The Superintendent may tempo- is prohibited. rarily or permanently close or restrict the use of any areas and routes other- [45 FR 46072, July 9, 1980, as amended at 48 wise designated for use of motor vehi- FR 30296, June 30, 1983] cles, or close or restrict such areas or § 7.86 Big Cypress National Preserve. routes to the use of particular types of motor vehicles by the posting of appro- (a) Motorized vehicles—(1) Definitions. priate signs, or by marking on a map (i) The term ‘‘motorized vehicle’’ which shall be available for public in- means automobiles, trucks, glades or spection at the office of the Super- swamp buggies, airboats, amphibious or air cushion vehicles or any other de- intendent, or both. In determining vice propelled by a motor and designed, whether to close or restrict the uses of modified for or capable of cross coun- the areas or routes under this para- try travel on or immediately over land, graph, the Superintendent shall be water, marsh, swampland or other ter- guided by the criteria contained in sec- rain, except boats which are driven by tions 3 and 4 of E.O. 11644 (37 FR 2877) a propeller in the water. as amended, and shall also consider (ii) The term ‘‘operator’’ means any factors such as other visitor uses, safe- person who operates, drives, controls ty, wildlife management, noise, ero- or has charge of a motorized vehicle. sion, geography, vegetation, resource (iii) The term ‘‘Preserve lands’’ protection, and other management con- means all federally owned or controlled siderations. Prior to making a tem- lands and waters administered by the porary or permanent closure the Super- National Park Service within the intendent shall consult with the execu- boundaries of the Preserve. tive director of the Florida Game and (2) Travel in Preserve areas. (i) Unless Fresh Water Fish Commission. Prior to closed or restricted by action of the instituting a permanent closure of an Superintendent under paragraph area or route, notice of such intention

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shall be published in the FEDERAL REG- claimants to these structures existing ISTER and the public shall be provided a prior to the effective date of these reg- period of 30 days to comment. ulations, may be occupied and used by (3) Operations, limitations and equip- said claimants pursuant to a nonrenew- ment—(i) Vehicle operation. (A) Motor- able, nontransferrable permit. This use ized vehicle permits shall be required shall be for a maximum term of five (5) after December 21, 1980. years from the date of Federal acquisi- (B) Motorized vehicles shall not be tion for preserve purposes of the land operated in a manner causing, or likely upon which the structures are situated to cause, significant damage to or dis- or five years from the effective date of turbance of the soil, wildlife habitat, these regulations, whichever occurs improvements, cultural, or vegetative first: Provided, however, That the resources. Cutting, grading, filling or claimant to the structures by applica- ditching to establish new trails or to tion: improve old trails is prohibited, except (i) Reasonably demonstrates by affi- under written permit where necessary davit, bill of sale or other documenta- in the exploration for, extraction or re- tion proof of possessory interest or moval of oil and gas. right of occupancy in the cabin or (ii) Vehicle Limitations and Equip- structure; ment. (ii) Submits a sketch and photograph (A) [Reserved] of the cabin or structure and a map (B) The Superintendent, by the post- showing its geographic location; ing of appropriate signs or by marking (iii) Agrees to vacate or remove the on a map, which shall be available for structure from the preserve upon the public inspection at the office of the expiration of the permit, and Superintendent, may require during (iv) Acknowledges in the permit that dry periods, that a motorized vehicle or he/she has no interest in the real prop- a particular class of motorized vehicle, erty. operated off established roads and (2) Structures built after the effec- parking areas, shall be equipped with a tive date of these regulations will be spark arrestor that meets Standard removed upon acquisition by the Fed- 5100–1a of the Forest Service, U.S. De- eral Government of the lands upon partment of Agriculture, or the 80 per- which the structures are situated. cent efficiency level when determined (3) Structures that are razed or de- by the appropriate Society of Auto- stroyed by fire or storm, or deteriorate motive Engineers (SAE) Standard. structurally to the point of being un- (C) A motorized vehicle, except an safe or uninhabitable shall not be re- airboat, when operated off of estab- built and the permit shall be cancelled. lished roads and parking areas during This shall not be deemed to prohibit the period from one-half hour after routine maintenance or upkeep on an sunset to one-half hour before sunrise, existing structure. shall display at least one forward-fac- (4) The National Park Service re- ing white headlight and one red lighted serves the right to full and unre- taillight each of which shall be visible stricted use of the lands under permit for a distance of 500 feet in their re- including, but not limited to, such pur- spective directions under clear atmos- poses as managed hunting programs ex- pheric conditions. ecuted in accordance with applicable (D) Airboats and amphibious vehicles State Game and Fish laws and regula- shall fly a safety flag at least 10 inches tions, use of existing roads and trails, wide by 12 inches long at a minimum and unrestricted public access. height of 10 feet above the bottom of (c) Aircraft: Designated landing sites. the vehicle or boat, and shall display (1) Except as provided below, aircraft one white light aft visible for 360° at a may be landed in the preserve only at distance of 500 feet when running dur- improved landing strips for which a ing the period from one-half hour be- permit has been issued and which were fore sunset to one-half hour after sun- in existence and in usable condition at rise. the time the lands were acquired for (b) Camp structures. (1) Buildings or preserve purposes, or the effective date other structures on lands not owned by of these regulations, whichever occurs

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first. A permit may be issued to the tions applicable thereto shall be former land owner or airstrip user upon grounds for termination, suspension or application to the Superintendent. The denial of grazing privileges. application shall include a sketch (4) Except as provided below, failure showing location; a copy of the airstrip to use land under permit for grazing or license, if any; a description of the size to renew the permit shall automati- of strip, type of landing surface, height cally terminate the permit and grazing of obstructions, special markings; and privileges. The Superintendent may a list of the camps served. issue a nonuse permit on an annual (2) A map showing the locations, size, basis not to exceed three consecutive and limitations of each airstrip des- years, except that nonuse beyond this ignated under a permit shall be avail- time may be permitted if necessitated able for public inspection at the office by reasons clearly outside the control of the Superintendent. of the permittee. (3) Rotorcraft used for purposes of oil (5) Annual fees based on Depart- and gas exploration or extraction, as mental regulations (43 CFR 4125.1–1 provided for in part 9, subpart B of this (m)) will be charged for all livestock chapter, may be operated only in ac- grazing upon preserve lands. cordance with an approved operating (6) Each permittee shall comply with plan or a permit issued by the Super- the range management plan approved intendent. by the Superintendent for the area (d) [Reserved] under permit. (e) Hunting, Fishing, Trapping and (7) State laws and regulations relat- Gathering. (1) Hunting, fishing and ing to fencing, sanitation and branding trapping are permitted in accordance are applicable to graziers using pre- with the general regulations found in serve lands. parts 1 and 2 of this chapter and appli- (8) The National Park Service re- cable Florida law governing Coopera- serves the right to full and unre- tive Wildlife Management Areas. stricted use of the lands under permit (2) The Superintendent may permit including, but not limited to, such pur- the gathering or collecting by hand and poses as managed hunting programs ex- for personal use only of the following: ecuted in accordance with applicable (i) Tree snails (Liguus Fasciatus); State Game and Fish laws and regula- Provided, however, That under conditions, use of existing roads and trails, tions where it is found that significant unrestricted public access, and the adverse impact on park resources, wild- right to revoke the permit if the activ- life populations or visitor enjoyment of ity is causing or will cause consider- resources will result, the Super- able adverse effect on the soil, vegeta- intendent shall prohibit the gathering, tion, watershed or wildlife habitat. or otherwise restrict the collecting of (9) Corporations formed by owners or these items. Portions of a park area in lessees who were actually using lands which restrictions apply shall be des- within the preserve for grazing pur- ignated on a map which shall be avail- poses on October 11, 1974, may be issued able for public inspection at the office annual permits for a period not to ex- of the Superintendent, or by the post- ceed twenty-five (25) years from the ing of appropriate signs, or both. date of acquisition for preserve pur- (f) Grazing. (1) Grazing privileges poses. shall be available under permit to own- [44 FR 45128, Aug. 1, 1979, as amended at 48 ers or lessees who were actually using FR 30296, June 30, 1983] land within the Preserve for grazing purposes on October 11, 1974, or who § 7.87 Kaloko-Honokohau National His- elected to request a permit at the time torical Park. the land was acquired for preserve pur- (a) Is public nudity prohibited at poses (See 36 CFR 2.60). Kaloko-Honokohau National Historical (2) Such permit may be renewed dur- Park? Yes. Public nudity, including ing the lifetime of the permittee or his nude bathing, by any person on Federal spouse. land or water within the boundaries of (3) The breach of any of the terms or Kaloko-Honokohau National Historical conditions of the permit or the regula- Park is prohibited. This section does

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not apply to a person under 10 years of § 7.90 [Reserved] age. (b) What is public nudity? Public nu- § 7.91 Whiskeytown Unit, dity is a person’s failure, when in a Whiskeytown-Shasta-Trinity Na- public place, to cover with a fully tional Recreation Area. opaque covering that person’s genitals, (a) Water sanitation. (1) Vessels with pubic areas, rectal area or female marine toilets so constructed as to per- breast below a point immediately mit wastes to be discharged directly above the top of the areola. into the water shall have such facili- (c) What is a public place? A public ties sealed to prevent discharge. place is any area of Federal land or (2) Chemical or other type marine water subject to Federal jurisdiction toilets with approved holding tanks or within the boundaries of Kaloko- storage containers will be permitted, Honokohau National Historical Park, but will be discharged or emptied only except the enclosed portions of rest- at designated sanitary pumping sta- rooms or other structures designed for tions. privacy or similar purposes. (b) Overnight occupancy of a vessel on the Whiskeytown Lake is prohib- [64 FR 19483, Apr. 21, 1999] ited. (c) Powerless flight. The use of devices § 7.88 Indiana Dunes National Lake- shore. designed to carry persons through the air in powerless flight is allowed at (a) Fishing. Unless otherwise des- times and locations designated by the ignated, fishing in a manner authorized superintendent, pursuant to the terms under applicable State law is allowed. and conditions of a permit. (b) Powerless flight. The use of devices (d) Gold Panning. (1) As used in this to carry persons through the air in section, the term ‘‘gold panning’’ powerless flight is allowed at times and means the attempted or actual removal locations designated by the super- of gold from a stream by using either a intendent pursuant to the terms and metal or plastic gold pan and a trowel, conditions of a permit. spoon or other digging implement hav- [49 FR 18451, Apr. 30, 1984] ing a blade surface not exceeding 4 inches wide and 8 inches long. § 7.89 New River Gorge National River. (2)(i) Unless otherwise designated by (a) Hunting—(1) May I hunt within the superintendent, gold panning is al- New River Gorge National River? Yes, lowed on all streams. Streams, or por- you may hunt if you: tions thereof, that are designated (i) Possess a valid West Virginia closed to gold panning are marked on a State hunting license or permit, or are map available for public inspection at exempt under provisions of West Vir- the office of the superintendent, or by ginia law. the posting of signs, or both. (ii) Comply with the hunting seasons, (ii) Prior to engaging in gold pan- harvest limits, and any other condi- ning, a person shall register with, and tions established by the State of West pay a special recreation permit fee to, Virginia. the superintendent. The superintendent shall establish the special (iii) Do not violate any closures or recreation permit fee in accordance limitations established by the Super- with regulations in part 71 of this chap- intendent for reasons of public safety, ter. resource protection, or other manage- (iii) A person may remove gold from ment considerations. the Unit only in accordance with these (2) Do West Virginia state hunting laws regulations. apply within New River Gorge National (3) The following are prohibited: River? Yes, non-conflicting State hunt- (i) Removing gold by any method ing laws are adopted as part of the reg- other than gold panning, including, but ulations in this section and apply with- not limited to, the use of suction, a in New River Gorge National River. crevice cleaner, screen separator, view (b) [Reserved] box, sluice box, rocker, dredge or any [68 FR 55317, Sept. 25, 2003] other mechanical or hydraulic device,

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or skin diving equipment such as a motor vehicles used by the public. snorkel, mask or wetsuit. These routes will be marked by signs, (ii) Using any toxic substance or snow poles or other appropriate means. chemical, including mercury, in gold The superintendent shall determine the panning activities. opening and closing dates for use of (iii) Conducting gold panning outside designated snowmobile routes each the confines of existing stream water year. Routes will be open to snow- levels, or digging into a stream bank, mobile travel when they are considered or digging that results in the disturb- to be safe for travel but not necessarily ance of the ground surface or the un- free of safety hazards. Snowmobiles dermining of any vegetation, historic may travel in these areas with the per- feature or bridge abutment. mission of the superintendent, but at [36 FR 14267, Aug. 3, 1971, as amended at 38 their own risk. FR 5245, Feb. 27, 1973; 49 FR 18452, Apr. 30, (3) Snowmobile use outside des- 1984; 54 FR 23649, June 2, 1989] ignated routes is prohibited. (c) Fishing. Unless otherwise des- § 7.92 Bighorn Canyon National Recre- ignated, fishing in any manner author- ation Area. ized under applicable State law is al- (a) Aircraft-designated airstrip. (1) Fort lowed. Smith landing strip, located at approx- (d) Personal Watercraft (PWC). (1) imate latitude 45°19′ N., approximate PWC use is allowed in Bighorn Canyon longitude 107°55′41″ W. in the National Recreation Area, except in S1⁄2S1⁄2SE1⁄4 sec. 8, and the S1⁄2SW1⁄4SW1⁄4 the following areas: sec. 9, T. 6 S., R. 31 E., Montana Prin- (i) In the gated area south of cipal Meridian. Yellowtail Dam’s west side to spillway (2) [Reserved] entrance works and Bighorn River (b) Snowmobiles. (1) Designated routes from Yellowtail Dam to cable 3,500 feet to be open to snowmobile use: On the north. west side of Bighorn Lake, beginning (ii) At Afterbay Dam from fenced immediately east of the Wyoming areas on west side of dam up to the Game and Fish Department Residence dam. on the Pond 5 road northeast to the (iii) In Afterbay Lake, the area be- Kane Cemetery. North along the main tween dam intake works and buoy/ traveled road past Mormon Point, Jim cable line 100 feet west. Creek, along the Big Fork Canal, cross- (iv) At Government docks as posted. ing said canal and terminating on the (v) At the Ok-A-Beh gas dock, except south shore of Horseshoe Bend, and the for customers. marked lakeshore access roads leading off this main route to Mormon Point, (vi) From Yellowtail Dam upstream north and south mouth of Jim Creek, to the log boom. South Narrows, and the lakeshore road (vii) In Bighorn Lake and shoreline between Mormon Point and the south south of the area known as the South mouth of Jim Creek. On the east side Narrows (legal description R94W, T57N of Bighorn Lake beginning at the junc- at the SE corner of Section 6, the SW tion of U.S. Highway 14A and the John corner of Section 5, the NE corner of Blue road, northerly on the John Blue Section 7, and the NW corner of Sec- road to the first road to the left, on tion 8). Personal watercraft users are said road in a westerly direction to its required to stay north of the boundary terminus at the shoreline of Bighorn delineated by park installed buoys. Lake. All frozen lake surfaces are (2) The Superintendent may tempo- closed to snowmobiling. rarily limit, restrict, or terminate ac- (2) On roads designated for snow- cess to the areas designated for PWC mobile use only that portion of the use after taking into consideration road or parking area intended for other public health and safety, natural and motor vehicle use may be used by cultural resource protection, and other snowmobiles. Such roadway is avail- management activities and objectives. able for snowmobile use only when the [36 FR 21666, Nov. 12, 1971, as amended at 48 designated road or parking area is FR 29845, June 30, 1983; 52 FR 34777, Sept. 15, closed by snow depth to all other 1987; 70 FR 31353, June 1, 2005]

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§ 7.93 Guadalupe Mountains National (4) Ice skating. Ice skating is prohib- Park. ited except in areas and at times des- (a) Cave entry. No person shall enter ignated by the Superintendent. Skat- any cave or passageway of any cave ing in such a manner as to endanger without a permit. the safety of other persons is prohibited. [48 FR 30296, June 30, 1983] (c) Model planes. Flying a model powered plane from any park area is pro- § 7.94 Harry S Truman National His- hibited without a permit. toric Site. (d) Fishing. Unless otherwise des- The Truman Home structure at ignated, fishing in a manner authorized Harry S Truman National Historic Site under applicable State law is allowed. is closed to all public use and access (e) Swimming. Bathing, swimming or until June 1, 2010. wading in any fountain or pool except where officially authorized is prohib- [74 FR 51239, Oct. 6, 2009] ited. Bathing, swimming or wading in the Tidal Basin, the Chesapeake and § 7.95 [Reserved] Ohio Canal, or Rock Creek, or entering § 7.96 National Capital Region. from other areas covered by this section the Potomac River, Anacostia (a) Applicability of regulations. This River, Washington Channel or George- section applies to all park areas admin- town Channel, except for the purpose of istered by National Capital Region in saving a drowning person, is prohib- the District of Columbia and in Arling- ited. ton, Fairfax, Loudoun, Prince William, (f) Commercial vehicles and common and Stafford Counties and the City of carriers—(1) Operation in park areas pro- Alexandria in Virginia and Prince hibited; exceptions. Commercial vehicles Georges, Charles, Anne Arundel, and and common carriers, loaded or un- Montgomery Counties in Maryland and loaded, are prohibited on park roads to other federal reservations in the en- and bridges except on the section of virons of the District of Columbia, Constitution Avenue east of 19th policed with the approval or concur- Street or on other roads and bridges rence of the head of the agency having designated by the Superintendent, or jurisdiction or control over such res- when authorized by a permit or when ervations, pursuant to the provisions of operated in compliance with paragraph the act of March 17, 1948 (62 Stat. 81). (f)(2) of this section. (b) Athletics—(1) Permits for organized (2) George Washington Memorial Park- games. Playing baseball, football, cro- way; passenger-carrying vehicles; permits; quet, tennis, and other organized fees. (i) Taxicabs licensed in the Dis- games or sports except pursuant to a trict of Columbia, Maryland, or Vir- permit and upon the grounds provided ginia, are allowed on any portion of the for such purposes, is prohibited. George Washington Memorial Parkway (2) Wet grounds. Persons holding a without a permit or payment of fees. permit to engage in athletics at certain (ii) Passenger-carrying vehicles for times and at places authorized for this hire or compensation, other than taxi- use are prohibited from exercising the cabs, having a seating capacity of not privilege of play accorded by the per- more than fourteen (14) passengers, ex- mit if the grounds are wet or otherwise cluding the operator, when engaged in unsuitable for play without damage to services authorized by concession the turf. agreement to be operated from the (3) Golf and tennis; fees. No person Washington National Airport and/or may use golf or tennis facilities with- Dulles International Airport, are al- out paying the required fee, and in lowed on any portion of the George compliance with conditions approved Washington Memorial Parkway in Vir- by the Regional Director. Trespassing, ginia without a permit or payment of intimidating, harassing or otherwise fees. However, when operating on a interfering with authorized golf play- sightseeing basis an operator of such a ers, or interfering with the play of ten- vehicle shall comply with paragraph nis players is prohibited. (f)(2)(iv) of this section.

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(iii) Passenger-carrying vehicles for parkway. Payment shall be made quar- hire or compensation, other than those terly within twenty (20) days after the to which paragraphs (f)(2) (i) and (ii) of end of the quarter based upon a certifi- this section apply, are allowed on the cation by the operator of the total George Washington Memorial Parkway mileage operated upon the parkway. upon issuance of a permit by the Re- (iv) Sightseeing passenger-carrying gional Director, under the following vehicles for hire or compensation other conditions: than taxicabs may be permitted on the (A) When operating on a regular George Washington Memorial Parkway schedule: to provide passenger service upon issuance of a permit by the Re- on any portion between Mount Vernon gional Director, to provide sightseeing and the Arlington Memorial Bridge, or service on any portion of the parkway. to provide limited direct nonstop pas- Permits may be issued either on an an- senger service from Key Bridge to a nual basis for a fee of three dollars terminus at the Central Intelligence ($3.00) for each passenger-carrying seat Agency Building at Langley, Virginia, in such vehicle; on a quarterly basis for and direct return, or to provide limited a fee of seventy-five cents (75) per seat; direct nonstop passenger service from or on a daily basis at the rate of one the interchange at Route 123 to a ter- dollar ($1.00) per vehicle per day. minus at the Central Intelligence (3) Taxicabs—(i) Operations around Agency Building at Langley, Virginia, Memorials. Parking, except in des- and direct return. Permittees shall file ignated taxicab stands, or cruising on a schedule of operation and all sched- the access roads to the Washington ule changes with the Regional Director Monument, the Lincoln Memorial, the showing the number of such vehicles Jefferson Memorial, and the circular and total miles to be operated on the roads around the same, of any taxicab parkway. or hack without passengers is prohib- (B) When operating nonscheduled di- ited. However, this section does not rect, nonstop service primarily for the prohibit the operation of empty cabs accommodation of air travelers arriv- responding to definite calls for hack ing at or leaving from Dulles Inter- service by passengers waiting at such national Airport or Washington Na- Memorials, or of empty cabs which tional Airport: between Dulles Inter- have just discharged passengers at the national Airport and a terminal in entrances of the Memorials, when such Washington, DC, over the George operation is incidental to the empty Washington Memorial Parkway be- cabs’ leaving the area by the shortest tween Virginia Route 123 and Key Bridge; or between Washington Na- route. tional Airport and a terminal in Wash- (ii) Stands. The Superintendent may ington, D.C., over the George Wash- designate taxicab stands in suitable ington Memorial Parkway between and convenient locations to serve the Washington National Airport and 14th public. Street Bridge; or between Dulles Inter- (4) The provisions of this section pro- national Airport and Washington Na- hibiting commercial trucks and com- tional Airport over the George Wash- mon carriers do not apply within other ington Memorial Parkway between Federal reservations in the environs of Virginia Route 123 and Washington Na- the District of Columbia and do not tional Airport. Permittees shall file a apply on that portion of Suitland Park- report of all operations and total miles way between the intersection with operated on the George Washington Maryland Route 337 and the end of the Memorial Parkway with the Regional Parkway at Maryland Route 4, a length Director. of 0.6 mile. (C) Permits are issued to operators of (5) Parking. Violation of a traffic con- vehicles described in paragraphs trol device regulating parking is pun- (f)(2)(iii) (A) and (B) normally for a pe- ishable by fine. In any violation of a riod of one year, effective from July 1 traffic control device regulating park- until the following June 30, at the rate ing, proof that the described vehicle of one cent (1) per mile for each mile was parked in violation, together with each such vehicle operates upon the proof that the defendant was at the

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time the registered owner of the vehi- on the east, Madison Place NW.; and on cle, shall constitute a prima facie pre- the west, Jackson Place NW. sumption that the registered owner of (vii) The term ‘‘Ellipse’’ means the the vehicle was the person who com- park areas, including sidewalks adja- mitted the violation. cent thereto, within these bounds: on (g) Demonstrations and special events— the south, Constitution Avenue NW.; (1) Definitions. (i) The term ‘‘demon the north, E Street, NW.; on the onstrations’’ includes demonstrations, west, 17th Street NW.; and on the east, picketing, speechmaking, marching, 15th Street NW. holding vigils or religious services and (viii) The term ‘‘Regional Director’’ all other like forms of conduct which means the official in charge of the Na- involve the communication or expres- tional Capital Region, National Park sion of views or grievances, engaged in Service, U.S. Department of the Inte- by one or more persons, the conduct of rior, or an authorized representative which has the effect, intent or propen- thereof. sity to draw a crowd or onlookers. This (ix) The term ‘‘other park areas’’ in- term does not include casual park use cludes all areas, including sidewalks by visitors or tourists which does not adjacent thereto, other than the White have an intent or propensity to attract House area, administered by the Na- a crowd or onlookers. tional Capital Region. (ii) The term ‘‘special events’’ in- (x) The term ‘‘Vietnam Veterans Me- cludes sports events, pageants, celebra- morial’’ means the structures and adja- tions, historical reenactments, regat- tas, entertainments, exhibitions, pa- cent areas extending to and bounded by rades, fairs, festivals and similar the south curb of Constitution Avenue events (including such events presented on the north, the east curb of Henry by the National Park Service), which Bacon Drive on the west, the north side are not demonstrations under para- of the north Reflecting Pool walkway graph (g)(1)(i) of this section, and on the south and a line drawn perpen- which are engaged in by one or more dicular to Constitution Avenue two persons, the conduct of which has the hundred (200) feet from the east tip of effect, intent or propensity to draw a the memorial wall on the east (this is crowd or onlookers. This term also also a line extended from the east side does not include casual park use by of the western concrete border of the visitors or tourists which does not have steps to the west of the center steps to an intent or propensity to attract a the Federal Reserve Building extending crowd or onlookers. to the Reflecting Pool walkway). (iii) The term ‘‘national celebration (2) Permit requirements. Demonstra- events’’ means the annually recurring tions and special events may be held special events regularly scheduled by only pursuant to a permit issued in ac- the National Capital Region, which are cordance with the provisions of this listed in paragraph (g)(4)(i) of this sec- section except: tion. (i) Demonstrations involving 25 per- (iv) The term ‘‘White House area’’ sons or fewer may be held without a means all park areas, including side- permit provided that the other condi- walks adjacent thereto, within these tions required for the issuance of a per- bounds; on the south, Constitution Av- mit are met and provided further that enue NW.; on the north, H Street NW.; the group is not merely an extension of on the east, 15th Street, NW.; and on another group already availing itself of the west, 17th Street NW. the 25-person maximum under this pro- (v) The term ‘‘White House sidewalk’’ vision or will not unreasonably inter- means the south sidewalk of Pennsyl- fere with other demonstrations or spe- vania Avenue NW., between East and cial events. West Executive Avenues NW. (ii) Demonstrations may be held in (vi) The term ‘‘Lafayette Park’’ the following park areas without a per- means the park areas, including side- mit provided that the conduct of such walks adjacent thereto, within these demonstrations is reasonably con- bounds: on the south, Pennsylvania Av- sistent with the protection and use of enue NW.; on the north, H Street NW.; the indicated park area and the other

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requirements of this section. The nu- (i) White House area. No permit may merical limitations listed below are ap- be issued authorizing demonstrations plicable only for demonstrations con- in the White House area, except for the ducted without a permit in such areas. White House sidewalk, Lafayette Park Larger demonstrations may take place and the Ellipse. No permit may be in these areas pursuant to a permit. issued authorizing special events, ex- (A) Franklin Park. Thirteenth Street, cept for the Ellipse, and except for an- between I and K Streets NW., for no nual commemorative wreath-laying more than 500 persons. ceremonies relating to the statutes in (B) McPherson Square. Fifteenth Lafayette Park. Street, between I and K Streets NW., (ii) Other park areas. No permits may for no more than 500 persons. be issued authorizing demonstrations (C) U.S. Reservation No. 31. West of or special events in the following other 18th Street and south of H Street NW., park areas: for no more than 100 persons. (A) The Washington Monument, (D) Rock Creek and Potomac Parkway. which means the area enclosed within West of 23rd Street, south of P Street the inner circle that surrounds the NW., for no more than 1,000 persons. Monument’s base, except for the offi- (E) U.S. Reservation No. 46. North side cial annual commemorative Wash- of Pennsylvania Avenue, west of ington birthday ceremony. Eighth Street and south of D Street, (B) The Lincoln Memorial, which SE., for no more than 25 persons and means that portion of the park area south of D Street SE., for no more than which is on the same level or above the 25 persons. base of the large marble columns sur- (3) Permit applications. Permit appli- rounding the structure, and the single cations may be obtained at the Office series of marble stairs immediately ad- of Public Affairs, National Capital Re- jacent to and below that level, except gion, 1100 Ohio Drive SW., Washington, for the official annual commemorative DC 20242. Applicants shall submit per- Lincoln birthday ceremony. mit applications in writing on a form (C) The Jefferson Memorial, which provided by the National Park Service means the circular portion of the Jef- so as to be received by the Regional Di- ferson Memorial enclosed by the outer- rector at least 48 hours in advance of most series of columns, and all por- any proposed demonstration or special tions on the same levels or above the event. This 48-hour period will be base of these columns, except for the waived by the Regional Director if the official annual commemorative Jeffer- size and nature of the activity will not son birthday ceremony. reasonably require the commitment of (D) The Vietnam Veterans Memorial, park resources or personnel in excess of except for official annual Memorial that which are normally available or Day and Veterans Day commemorative which can reasonably be made avail- ceremonies. Note: The darkened por- able within the necessary time period. tions of the diagrams at the conclusion The Regional Director shall accept per- of paragraph (g) of this section show mit applications only during the hours the areas where demonstrations or spe- of 8 a.m.–4 p.m., Monday through Fri- cial events are prohibited. day, holidays excepted. All demonstra- (4) Permit processing. (i) NPS proc- tion applications, except those seeking esses permit applications for dem- waiver of the numerical limitations ap- onstrations and special events in order plicable to Lafayette Park (paragraph of receipt. NPS will not accept applica- (g)(5)(ii) of this section), are deemed tions more than one year in advance of granted, subject to all limitations and a proposed continuous event (including restrictions applicable to said park set-up time, if any). Use of a particular area, unless denied within 24 hours of area is allocated in order of receipt of receipt. However, where a permit has fully executed applications, subject to been granted, or is deemed to have the limitations in this section. been granted pursuant to this sub- (ii) Specific national celebration section, the Regional Director may re- events have priority use of particular voke that permit pursuant to para- park areas as shown in the following graph (g)(6) of this section. table:

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The following event . . . Has priority use of the following area . . . At the following time . . .

(A) Lighting of the National Christmas Northern half of the oval portion of the The last four weeks in December as well Tree and Christmas Pathway of Peace. Ellipse. as necessary set-up and take-down between October 1 through February 1. (B) Cherry Blossom Festival ...... Park areas adjacent to the Tidal Basin Two weeks usually in late March or early and the sidewalk areas adjacent to April as well as the an additional two Constitution Avenue, between 15th & weeks for the necessary set-up and 17th Streets NW. take-down. (C) Fourth of July Celebration ...... Washington Monument Grounds and the Time required for necessary staging and Lincoln Memorial Reflecting Pool area. fireworks set-up and take-down, total- ing three weeks in late June and early July. (D) Smithsonian Folklife Festival ...... The area bounded on the south by Jef- For a two-week period in approximately ferson Drive NW; on the north by late June and early July and an addi- Madison Drive, NW; on the east by tional eight weeks for the necessary 7th Street, NW; on the west by 14th set-up and take-down. Street, NW. (E) Columbus Day Commemorative At the Columbus statue on the Union On Columbus Day. Wreath-Laying. Plaza. (F) Presidential Inaugural Ceremonies ..... See paragraph (g)(4)(iii) of this section .. See paragraph (g)(4)(iii) of this section.

(iii) In connection with Presidential the assembly, staging, security and Inaugural Ceremonies the following weather protection of the pre-Inau- areas are reserved for priority use as gural parade components and floats on set forth in this paragraph. Inaugural Day, except for: (A) The White House sidewalk and (1) The placement of jumbotrons and Lafayette Park, exclusive of the north- sound towers by the Architect of the east quadrant for the exclusive use of Capitol or the Joint Congressional the Presidential Inaugural Committee Committee on Inaugural Ceremonies so on Inaugural Day. that the Inaugural ceremony may be (B) Portions of Pennsylvania Avenue, observed by the Joint Congressional National Historic Park and Sherman Committee’s ticketed standing room Park, as designated in the maps in- ticket holders between 4th and 1st cluded in paragraph (g)(4)(iii)(E) of this Streets and the general public between section, for the exclusive use of the 7th and 4th Streets; and Presidential Inaugural Committee on (2) A 150-foot-by-200-foot area on the Inaugural Day for: National Mall just east of 7th Street, (1) Ticketed bleachers viewing and for the exclusive use of the Presi- access areas, except that members of dential Inaugural Committee for tele- the public may use a ticketed bleacher vision and radio media broadcasts on seat that has not been claimed by the Inaugural Day. ticket holder 10 minutes before the In- (D) The Presidential Inaugural Com- augural Parade is scheduled to pass the mittee may also use portions of its des- bleacher’s block; ignated areas reasonably necessary for (2) Portable toilets, except that they setting up and taking down stands, will be available to the public; bleachers, media and parade support (3) Television and radio media and structures as shown in the following Armed Forces Inaugural Committee table: parade support structures; The Presidential Inaugural Committee During the following (4) The area in front of the John A. may use the following area . . . period . . . Wilson Building for the District of Co- (1) The White House sidewalk and La- November 1 lumbia reviewing stand; fayette Park. through March 1. (5) Viewing areas designated for indi- (2) Pennsylvania Avenue, National His- December 7 viduals with disabilities, except that toric Park and Sherman Park. through February 10. they will be available to any disabled (3) The National Mall between 14th and January 6 through persons. 1st Streets. January 30. (C) The area of the National Mall between 14th and 1st Streets, for the ex- (E) Maps of designated portions of clusive use of the Armed Forces Inau- Pennsylvania Avenue, National His- gural Committee on Inaugural Day for toric Park and Sherman Park referred

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to in paragraph (g)(4)(iii)(B) of this section are as follows:

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(iv) Other demonstrations or special (g)(4)(ii) of this section to the extent events are permitted in park areas that they do not significantly interfere under permit for the National Celebra- with the National Celebration Events. tion Events listed in paragraph

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Except for Inaugural ceremony activi- (A) Maintains good order and self-dis- ties, no activity containing structures cipline in conducting the demonstra- is permitted closer than 50 feet to an- tion and any necessary movement of other activity containing structures persons; and without the mutual consent of the (B) Observes the numerical limita- sponsors of those activities. tions and waiver provisions described (v) NPS will issue a permit for a dem- in paragraphs (g)(5)(i) and (ii) of this onstration on the White House side- section. walk and in Lafayette Park at the (vi) NPS will issue permits author- same time only if the requirements of izing demonstrations or special events this paragraph are met. The organiza- for the periods shown in the following tion, group, or other sponsor of the table. NPS may extend these periods demonstration must undertake in good for demonstrations only, unless an- faith all reasonable action, including other application requests use of the the provision of sufficient marshals, to particular area and that application ensure that the sponsor: precludes double occupancy.

Park area Permit validity period Permit validity period for inaugural activities

(A) White House area, 7 days ...... Between October 24 through April 1 for reasonable and necessary set-up except the Ellipse. and take-down activities for the White House Sidewalk and Lafayette Park. (B) The Ellipse and all 4 months ...... Between December 7 through February 10 for reasonable and necessary other park areas. set-up and take-down activities for Pennsylvania Avenue, National His- toric Park and Sherman Park.

(vii) A permit may be denied in writ- (5) Permit limitations. Issuance of a ing by the Regional Director upon the permit is subject to the following limi- following grounds: tations: (A) A fully executed prior application (i) No more than 750 persons are per- for the same time and place has been mitted to conduct a demonstration on received, and a permit has been or will the White House sidewalk at any one be granted authorizing activities which time. do not reasonably permit multiple oc- (ii) No more than 3,000 persons are cupancy of the particular area; in that permitted to conduct a demonstration event, an alternate site, if available for in Lafayette Park at any one time. the activity, will be proposed by the (A) The Regional Director may waive Regional Director to the applicant. the 3,000 person limitation for Lafay- ette Park and/or the 750 person limita- (B) It reasonably appears that the tion for the White House Sidewalk proposed demonstration or special upon a showing by the applicant that event will present a clear and present good faith efforts will be made to plan danger to the public safety, good order, and marshal the demonstration in such or health. a fashion so as to render unlikely any (C) The proposed demonstration or substantial risk of unreasonable dis- special event is of such a nature or du- ruption or violence. ration that it cannot reasonably be ac- (B) In making a waiver determina- commodated in the particular area ap- tion, the Regional Director shall con- plied for; in that event, the Regional sider and the applicant shall furnish at Director shall propose an alternate site least ten days in advance of the pro- to the applicant, if available for the ac- posed demonstration, the functions the tivity; in this connection, the Regional marshals will perform, the means by Director shall reasonably take into ac- which they will be identified, and their count possible damage to the park, in- method of communication with each cluding trees, shrubbery, other plant- other and the crowd. This requirement ings, park installations and statues. will be satisfied by completion and sub- (D) The application proposes activi- mission of the same form referred to in ties contrary to any of the provisions paragraph (g)(3) of this section. of this section or other applicable law (iii) No permit will be issued for a or regulation. demonstration on the White House

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Sidewalk and in Lafayette Park at the trical and other sensitive equipment or same time except when the organiza- displays. Temporary structures may tion, group, or other sponsor of such not be used outside designated camping demonstration undertakes in good areas for living accommodation activi- faith all reasonable action, including ties such as sleeping, or making prep- the provision of sufficient marshals, to arations to sleep (including the laying insure good order and self-discipline in down of bedding for the purpose of conducting such demonstration and sleeping), or storing personal belong- any necessary movement of persons, so ings, or making any fire, or doing any that the numerical limitations and digging or earth breaking or carrying waiver provisions described in para- on cooking activities. The above-listed graphs (g)(5) (i) and (ii) of this section activities constitute camping when it are observed. reasonably appears, in light of all the (iv) The Regional Director may re- circumstances, that the participants, strict demonstrations and special in conducting these activities, are in events weekdays (except holidays) be- fact using the area as a living accom- tween the hours of 7:00 to 9:30 a.m. and modation regardless of the intent of 4:00 to 6:30 p.m. if it reasonably appears necessary to avoid unreasonable inter- the participants or the nature of any ference with rush-hour traffic. other activities in which they may also (v) Special events are not permitted be engaging. Temporary structures are unless approved by the Regional Direc- permitted to the extent described tor. In determining whether to approve above, provided prior notice has been a proposed special event, the Regional given to the Regional Director, except Director shall consider and base the de- that: termination upon the following cri- (A) Structures are not permitted on teria: the White House sidewalk. (A) Whether the objectives and pur- (B) All such temporary structures poses of the proposed special event re- shall be erected in such a manner so as late to and are within the basic mis- not to harm park resources unreason- sion and responsibilities of the Na- ably and shall be removed as soon as tional Capital Region, National Park practicable after the conclusion of the Service. permitted demonstration or special (B) Whether the park area requested event. is reasonably suited in terms of acces- (C) The Regional Director may im- sibility, size, and nature of the propose reasonable restrictions upon the posed special event. use of temporary structures in the in- (C) Whether the proposed special terest of protecting the park areas in- event can be permitted within a rea- volved, traffic and public safety consid- sonable budgetary allocation of Na- erations, and other legitimate park tional Park Service funds considering value concerns. the event’s public appeal, and the an- ticipated participation of the general (D) Any structures utilized in a dem- public therein. onstration extending in duration be- (D) Whether the proposed event is du- yond the time limitations specified in plicative of events previously offered in paragraphs (g)(5)(iv) (A) and (B) of this National Capital Region or elsewhere section shall be capable of being re- in or about Washington, DC. moved upon 24 hours notice and the (E) Whether the activities con- site restored, or, the structure shall be templated for the proposed special secured in such a fashion so as not to event are in conformity with all appli- interfere unreasonably with use of the cable laws and regulations. park area by other permittees author- (vi) In connection with permitted ized under this section. demonstrations or special events, tem- (E) Individuals or groups of 25 per- porary structures may be erected for sons or fewer demonstrating under the the purpose of symbolizing a message small group permit exemption of para- or meeting logistical needs such as graph (g)(2)(i) of this section are not al- first aid facilities, lost children areas lowed to erect temporary structures or the provision of shelter for elec- other than small lecterns or speakers’

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platforms. This provision does not re- speaker’s platform as is reasonably restrict the use of portable signs or ban- quired to serve the demonstration par- ners. ticipants is allowed as long as such (vii) No signs or placards shall be per- platform is being erected, dismantled mitted on the White House sidewalk or used, provided that only one speak- except those made of cardboard, er’s platform is allowed per dem- posterboard or cloth having dimensions onstrating group, and provided further no greater than three feet in width, that such speaker’s platform is author- twenty feet in length, and one-quarter ized by a permit issued pursuant to inch in thickness. No supports shall be paragraph (g) of this section. permitted for signs or placards except (3) When less than one hundred (100) those made of wood having cross-sec- persons are participating in a dem- tional dimensions no greater than onstration in the Park, a temporary three-quarter of an inch by three-quar- ‘‘soapbox’’ speaker’s platform is alter of an inch. Stationary signs or plac- lowed as long as such platform is being ards shall be no closer than three feet erected, dismantled or used, providing from the White House sidewalk fence. that only one speaker’s platform is al- All signs and placards shall be attended lowed per demonstrating group, and at all times that they remain on the provided further that the speaker’s plat- White House sidewalk. Signs or plac- form is no larger than three (3) feet in ards shall be considered to be attended length, three (3) feet in width, and only when they are in physical contact three (3) feet in height, and provided with a person. No signs or placards further that such speaker’s platform is shall be tied, fastened, or otherwise at- authorized by a permit issued pursuant tached to or leaned against the White to paragraph (g) of this section. House fence, lamp posts or other struc- (4) For the purpose of this section, tures on the White House sidewalk. No the term ‘‘structure’’ includes props signs or placards shall be held, placed and displays, such as coffins, crates, or set down on the center portion of crosses, theaters, cages, and statues; the White House sidewalk, comprising furniture and furnishings, such as ten yards on either side of the center desks, chairs, tables, bookcases, cabi- point on the sidewalk; Provided, how- nets, platforms, podiums and lecterns; ever, that individuals may demonstrate shelters, such as tents, boxes and other while carrying signs on that portion of enclosures; wagons and carts; and all the sidewalk if they continue to move other similar types of property which along the sidewalk. might tend to harm park resources in- (viii) No parcel, container, package, cluding aesthetic interests. Provided bundle or other property shall be however that the term ‘‘structure’’ does placed or stored on the White House not include signs; bicycles, baby car- sidewalk or on the west sidewalk of riages and baby strollers lawfully in East Executive Avenue NW., between the Park that are temporarily placed Pennsylvania Avenue NW., and E in, or are being moved across, the Street NW., or on the north sidewalk of Park, and that are attended at all E Street NW., between East and West times while in the Park (the term ‘‘at- Executive Avenues NW.; Provided, how- tended’ is defined as an individual ever, that such property, except struc- being within three (3) feet of his or her tures, may be momentarily placed or bicycle, baby carriage or baby stroller); set down in the immediate presence of and wheelchairs and other devices for the owner on those sidewalks. the handicapped in use by handicapped (ix) The following are prohibited in persons. Lafayette Park: (B) The use of signs except for the (A) The erection, placement or use of following: structures of any kind except for the (1) Hand-carried signs are allowed re- following: gardless of size. (1) Structures that are being hand- (2) Signs that are not being hand-car- carried are allowed. ried and that are no larger than four (4) (2) When one hundred (100) or more feet in length, four (4) feet in width and persons are participating in a dem- one-quarter (1⁄4) inch in thickness (ex- onstration in the Park, a temporary clusive of braces that are reasonably

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required to meet support and safety re- cation equipment so that it will not quirements and that are not used so as unreasonably disturb nonparticipating to form an enclosure of two (2) or more persons in, or in the vicinity of, the sides) may be used in Lafayette Park, area. provided that no individual may have (xii) A permit may contain addi- more than two (2) such signs in the tional reasonable conditions and addi- Park at any one time, and provided fur- tional time limitations, consistent ther that such signs must be attended with this section, in the interest of at all times (the term ‘‘attended’ is de- protecting park resources, the use of fined as an individual being within nearby areas by other persons, and three (3) feet of his or her sign(s)), and other legitimate park value concerns. such signs may not provided further that (xiii) A permit issued under this sec- be elevated in a manner so as to exceed tion does not authorize activities out- a height of six (6) feet above the ground side of areas under administration by at their highest point, may not be ar- the National Capital Region. Appli- ranged or combined in a manner so as cants may also be required to obtain a to exceed the size limitations set forth permit from the District of Columbia in this paragraph, and may not be arranged in such a fashion as to form an or other appropriate governmental en- enclosure of two (2) or more sides. For tity for demonstrations or special example, under this provision, two events sought to be conducted either four-feet by four-feet signs may not be wholly or in part in other than park combined so as to create a sign eight areas. feet long and four feet wide, and three (6) Permit revocation. A permit issued such signs may not be arranged to cre- for a demonstration is revocable only ate a sign four feet long and twelve feet upon a ground for which an application wide, and two or more signs of any size therefor would be subject to denial may not be leaned or otherwise placed under paragraphs (g) (4) or (5) of this together so as to form an enclosure of section. Any such revocation, prior to two or more sides, etc. the conduct of the demonstration, shall (x) Stages and sound amplification be in writing and shall be approved by may not be placed closer than one hun- the Regional Director. During the con- dred (100) feet from the boundaries of duct of a demonstration, a permit may the Vietnam Veterans Memorial and be revoked by the ranking U.S. Park sound systems shall be directed away Police supervisory official in charge if from the memorial at all times. continuation of the event presents a (xi) Sound amplification equipment clear and present danger to the public is allowed in connection with per- safety, good order or health or for any mitted demonstrations or special violation of applicable law or regula- events, provided prior notice has been tion. A permit issued for a special given to the Regional Director, except event is revocable, at any time, in the that: reasonable discretion of the Regional (A) Sound amplification equipment Director. may not be used on the White House (7) Further information on admin- sidewalk, other than hand-portable istering these regulations can be found sound amplification equipment which in policy statements published at 47 FR the Regional Director determines is 24299, June 4, 1982, and at 47 FR 24302, necessary for crowd-control purposes. June 4, 1982. Copies of the policy state- (B) The Regional Director reserves ments may be obtained from the Re- the right to limit the sound amplifi- gional Director.

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(h) Soliciting. Soliciting or demanding modation purposes such as sleeping ac- gifts, money, goods or services is pro- tivities, or making preparations to hibited. sleep (including the laying down of (i) Camping. (1) Camping is defined as bedding for the purpose of sleeping), or the use of park land for living accom- storing personal belongings, or making

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any fire, or using any tents or shelter than 21⁄2 feet by 8 feet or 4 feet by 4 or other structure or vehicle for sleep- feet. The dimensions of a sales site ing or doing any digging or earth may not exceed 6 feet wide by 15 feet breaking or carrying on cooking activi- long by 6 feet high. With or without a ties. The above-listed activities con- permit, such sale or distribution is pro- stitute camping when it reasonably ap- hibited in the following areas: pears, in light of all the circumstances, (i) Lincoln Memorial area which is on that the participants, in conducting the same level or above the base of the these activities, are in fact using the large marble columns surrounding the area as a living accommodation regard- structure, and the single series of mar- less of the intent of the participants or ble stairs immediately adjacent to and the nature of any other activities in below that level. which they may also be engaging. (ii) Jefferson Memorial area enclosed Camping is permitted only in areas by the outermost series of columns, designated by the Superintendent, who and all portions on the same levels or may establish limitations of time al- above the base of these columns. lowed for camping in any public camp- (iii) Washington Monument area en- ground. Upon the posting of such limi- closed within the inner circle that sur- tations in the campground, no person rounds the Monument’s base. shall camp for a period longer than (iv) The interior of all park buildings, that specified for the particular camp- including, but not limited to, those ground. portions of Ford’s Theatre adminis- (2) Further information on admin- istering these regulations can be found tered by the National Park Service. in policy statements published at 47 FR (v) The White House Park area 24302 (June 4, 1982). Copies of the policy bounded on the north by H Street, NW; statements may be obtained from the on the south by Constitution Avenue, Regional Director. NW; on the west by 17th Street, NW; (j)(1) In Lafayette Park the storage and on the east by 15th Street, NW; ex- of construction material, tools, lum- cept for Lafayette Park, the White ber, paint, tarps, bedding, luggage, pil- House sidewalk (the south Pennsyl- lows, sleeping bags, food, clothing, lit- vania Avenue, NW sidewalk between erature, papers and all other similar East and West Executive Avenues) and property is prohibited. the Ellipse; Provided, however, that the (2) Notwithstanding (j)(1) of this sec- free distribution of literature con- tion, a person in Lafayette Park may ducted without the aid of stands or have literature, papers, food, clothing, structures, is permitted on East Execu- blankets and a reasonable cover to pro- tive Avenue. tect such property, occupying up to (vi) Vietnam Veterans Memorial area three (3) cubic feet of space, so long as extending to and bounded by the south such property is attended at all times curb of Constitution Avenue on the while in the Park (the term ‘‘attended’’ north, the east curb of Henry Bacon is defined as a person being within Drive on the west, the north side of the three (3) feet of his or her property). north Reflecting Pool walkway on the (k) Sales. (1) No sales shall be made south and a line drawn perpendicular nor admission fee charged and no arti- to Constitution Avenue two hundred cle may be exposed for sale without a (200) feet from the east tip of the me- permit except as noted in the following morial wall on the east (this is also a paragraphs. line extended from the east side of the (2) No merchandise may be sold dur- western concrete border of the steps to ing the conduct of special events or the west of the center steps to the Fed- demonstrations except for books, news- eral Reserve Building extending to the papers, leaflets, pamphlets, buttons Reflecting Pool walkway); Provided, and bumper stickers. A permit is re- however, that the free distribution of quired for the sale or distribution of literature conducted without the aid of permitted merchandise when done with stands or structures, is permitted on the aid of a stand or structure. Such the Constitution Avenue and Henry stand or structure may consist of one Bacon Drive sidewalks adjacent to the table per site, which may be no larger Vietnam Veterans Memorial.

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(3) Persons engaged in the sale or dis- rity and logistical support. This infor- tribution of printed matter under this mation will be used to further those section shall not obstruct or impede purposes. The obligation is required to pedestrians or vehicles, harass park obtain a benefit. visitors with physical contact, mis- [51 FR 37011, Oct. 17, 1986, as amended at 57 represent the purposes or affiliations of FR 4576, Feb. 6, 1992; 57 FR 29797, July 7, 1992; those engaged in the sale or distribu- 60 FR 17649, Apr. 7, 1995; 60 FR 33351, June 28, tion, or misrepresent whether the 1995; 60 FR 55791, Nov. 3, 1995; 62 FR 30234, printed matter is available without June 3, 1997; 62 FR 32203, June 13, 1997; 72 FR cost or donation. 54843, Sept. 27, 2007; 73 FR 67744, Nov. 17, 2008; (l) Rock Creek Park. (1) Notwith- 75 FR 8807, Feb. 26, 2010] standing the provisions of 36 CFR 5.1, § 7.97 Golden Gate National Recre- the Superintendent of Rock Creek ation Area. Park may permit the recognition of and the advertising by the primary (a) Boat landings—Alcatraz Island. Ex- sponsor or sponsors of not more than cept in emergencies, the docking of two professional tennis tournaments any privately-owned vessel, as defined per year at the Rock Creek Tennis Cen- in § 1.4 of this chapter, or the landing of any person at Alcatraz Island without ter. a permit or contract is prohibited. The (2) All activities conducted under Superintendent may issue a permit this paragraph shall be appropriate to upon a determination that the appli- park values and consistent with the cant’s needs cannot be provided by au- protection of park resources and shall thorized commercial boat transpor- comply with criteria specified in a tation to Alcatraz Island and that the written permit. proposed activities of the applicant are (3) Any permit issued under this compatible with the preservation and paragraph shall be valid only for those protection of Alcatraz Island. periods of time during which a profes- (b) Powerless flight. The use of devices sional tennis tournament is being held, designed to carry persons through the and shall limit all advertising and rec- air in powerless flight is allowed at ognition to the confines of the tennis times and locations designated by the stadium structure and the contiguous superintendent, pursuant to the terms paved plaza, not to include any of the and conditions of a permit. fields or paved parking lots except (c) Designated bicycle routes. The use within the interior of permitted tents of a bicycle is permitted according to on Parking Lot A. These areas shall be § 4.30 of this chapter and, in non-devel- marked on a map available in the Su- oped areas, as follows: perintendent’s office. (1) Bicycle use is permitted on routes (4) No advertising or recognition ac- which have been designated by the Su- tivities may take place without a writ- perintendent as bicycle routes by the ten permit as specified in this para- posting of signs, and as designated on graph. Any person who violates a pro- maps which are available in the office vision of this paragraph is subject to of the superintendent and other places the penalty provisions of 36 CFR 1.3 convenient to the public. and revocation of the permit if a per- (2) Bicycle speed limits are as fol- mit exists. lows: (m) Information collection. The infor- (i) 15 miles per hour: Upon all des- mation collection requirements con- ignated routes in Golden Gate National tained in this section have been ap- Recreation Area. proved by the Office of Management (ii) 5 miles per hour: On blind curves and Budget under 44 U.S.C. 3507 and as- and when passing other trail users. signed clearance number 1024–0021. The (3) The following are prohibited: information is being collected to pro- (i) The possession of a bicycle on vide notification to park managers, routes not designated as open to bicy- United States Park Police, Metropoli- cle use. tan Police, and the Secret Service of (ii) Operating a bicycle on designated the plans of organizers of large-scale bicycle routes between sunset and sun- demonstrations and special events in rise without exhibiting on the bicycle order to assist in the provision of secu- or on the operator an activated white

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light that is visible from a distance of right-of-way reserved by the seller or at least 500 feet to the front and with a by public road right-of-way. You may red light or reflector visible from at also cross National Park Service ad- least 200 feet to the rear. ministered lands within the Appa- (d) Dogs—Crissy Field and Ocean lachian National Scenic Trail corridor Beach Snowy Plover Areas. (1) Dogs at the following locations: must be restrained on a leash not more (2) Nahmakanta Lake Spur—The spur than six feet in length starting July 1 snowmobile route that leads from and ending May 15, in the following Maine Bureau of Parks and Lands areas: Debsconeag Pond Road to the south- (i) Crissy Field Wildlife Protection eastern shore of Nahmakanta Lake. Area (WPA): Dog walking restricted to (3) Lake Hebron to Blanchard-Shirley on-leash only in the area encompassing Road Spur—The spur snowmobile route the shoreline and beach north of the that leads from Lake Hebron near Mon- Crissy Field Promenade (excluding the son, Maine to the Maine Inter- paved parking area, sidewalks and connecting Trail System Route 85 near grass lawn of the former Coast Guard the Blanchard-Shirley Road. Station complex) that stretches east (4) Massachusetts Turnpike to Lower from the Torpedo Wharf to approxi- Goose Pond Crossing—That part of the mately 700 feet east of the former Massachusetts Interconnecting Trail Coast Guard station, and all tidelands System Route 95 from the Massachu- and submerged lands to 100 yards off- setts Turnpike Appalachian Trail shore. Bridge to the northeastern shore of (ii) Ocean Beach Snowy Plover Pro- Lower Goose Pond. tection Area (SPPA): Dog walking re- (5) Temporary crossings of National stricted to on-leash only in the area Park Service administered Appa- which encompasses the shoreline and lachian Trail corridor lands may be beach area west of the GGNRA bound- designated by the Park Manager in the ary, between Stairwell 21 to Sloat Bou- Superintendent’s Compendium of Or- levard, including all tidelands and sub- ders when designated snowmobile merged lands to 1,000 feet offshore. routes are temporarily dislocated by (2) Notice of these annual restric- timber haul road closures. tions will be provided through the post- (6) Maps that show the crossings of ing of signs at the sites, on maps iden- National Park Service administered tifying the restricted areas on the lands within the Appalachian National park’s official website and through Scenic Trail may be obtained from the maps made available at other places Park Manager, Appalachian National convenient to the public. Scenic Trail, Harpers Ferry Center, Harpers Ferry, West Virginia 25425. [38 FR 32931, Nov. 29, 1973, as amended at 49 (c) Is powerless flight permitted? The FR 18452, Apr. 30, 1984; 57 FR 58716, Dec. 11, 1992; 73 FR 54321, Sept. 19, 2008] use of devices designed to carry persons through the air in powerless flight is § 7.100 Appalachian National Scenic allowed at times and locations des- Trail. ignated by the Park Manager, pursuant (a) What activities are prohibited? (1) to the terms and conditions of a per- The use of bicycles, motorcycles or mit. other motor vehicles is prohibited. The [67 FR 8481, Feb. 25, 2002] operation of snowmobiles is addressed in paragraph (b). PART 8—LABOR STANDARDS APPLI- (2) The use of horses or pack animals CABLE TO EMPLOYEES OF NA- is prohibited, except in locations designated for their use. TIONAL PARK SERVICE CONCES- (b) Where can I operate my snowmobile? SIONERS (1) You may cross the Appalachian Na- tional Scenic Trail corridor by using Sec. 8.1 Definitions. established, State-approved snow- 8.2 Basis and purpose. mobile trails in Maine, New Hamp- 8.3 Applicability. shire, Vermont, Massachusetts and 8.4 Federal and State labor laws. Connecticut that are allowed by deeded 8.5 Access for investigators.

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