51 Part 7—Special Regulations, Areas of The

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. 7.11 Saguaro National Park. 7.67 Cape Cod National Seashore. 7.12 Gulf Islands National Seashore. 7.68 Russell Cave National Monument. 7.13 Yellowstone National Park. 7.69 Ross Lake National Recreation Area. 7.14 Great Smoky Mountains National 7.70 Glen Canyon National Recreation Area. Park. 7.71 Delaware Water Gap National Recre- 7.15 Shenandoah National Park. ation Area. 7.16 Yosemite National Park. 7.72 Arkansas Post National Memorial. 7.17 Cuyahoga Valley National Recreation 7.73 Buck Island Reef National Monument. Area. 7.74 Virgin Islands National Park. 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 Fort Jefferson National Monument. 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. 7.94–7.95 [Reserved] 7.39 Mesa Verde National Park. 7.96 National Capital Region. 7.40 Hopewell Village National Historic 7.97 Golden Gate National Recreation Area. Site. 7.100 Appalachian National Scenic Trail. 7.41 Big Bend National Park. 7.42 Pipestone National Monument. AUTHORITY: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); 7.43 Natchez Trace Parkway. Sec. 7.96 also issued under D.C. Code 8–137 7.44 Canyonlands National Park. (1981) and D.C. Code 40–721 (1981). 7.45 Everglades National Park. 7.46 Virgin Islands Coral Reef National ALPHABETICAL LISTING Monument. 7.47 Carlsbad Caverns National Park. Name Section 7.48 Lake Mead National Recreation Area. Acadia National Park, Maine ...... 7.56 7.49 [Reserved] Amistad Recreation Area, Tex ...... 7.79 7.50 Chickasaw Recreation Area. Apostle Islands National Lakeshore, Wis ...... 7.82 7.51 Curecanti Recreation Area. Appalachian National Scenic Trail ...... 7.100 7.52 Cedar Breaks National Monument. Arkansas Post National Memorial, Ark ...... 7.72

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ALPHABETICAL LISTING—Continued ALPHABETICAL LISTING—Continued

Name Section Name Section

Assateague Island National Seashore, Md.–Va ..... 7.65 Petersburg National Battlefield, VA ...... 7.64 Badlands National Park, SD ...... 7.23 Pipestone National Monument, Minn ...... 7.42 Big Bend National Park, Tex ...... 7.41 Pictured Rocks National Lakeshore, Mich ...... 7.32 Big Cypress National Preserve, Fla ...... 7.86 Point Reyes National Seashore, Calif ...... 7.81 Big Thicket National Preserve, Tex ...... 7.85 Rockefeller, Jr., John D., Memorial Parkway, Wyo 7.21 Bighorn Canyon National Recreation Area, Mont.– Rocky Mountain National Park, Colo ...... 7.7 Wyo ...... 7.92 Ross Lake National Recreation Area, Wash ...... 7.69 Black Canyon of the Gunnison National Monu- Russell Cave National Monument, Ala ...... 7.68 ment, Colo ...... 7.53 Saguaro National Park, AZ ...... 7.11 Blue Ridge Parkway, Va.-N.C ...... 7.34 Sequoia-Kings Canyon National Parks, Calif ...... 7.8 Buck Island Reef National Monument, Virgin Is- Shenandoah National Park, Va ...... 7.15 lands ...... 7.73 Sleeping Bear Dunes National Lakeshore, Mich .... 7.80 Buffalo National River, Ark ...... 7.35 St. Croix National Scenic Rivers, Wis ...... 7.9 Canyon de Chelly National Monument, Ariz ...... 7.19 Theodore Roosevelt National Park, N. Dak ...... 7.54 Canyonlands National Park, Utah ...... 7.44 Upper Delaware Scenic and Recreational River, Cape Cod National Seashore, Mass ...... 7.67 Pa.–N.Y ...... 7.24 Cape Hatteras National Seashore, N.C ...... 7.58 Virgin Islands Coral Reef National Monument ...... 7.46 Carlsbad Caverns National Park, N. Mex ...... 7.47 Virgin Islands National Park, Virgin Islands ...... 7.74 Cedar Breaks National Monument, Utah ...... 7.52 Voyageurs National Park, Minn ...... 7.33 Channel Islands National Park, Calif ...... 7.84 Whiskeytown Unit, Whiskeytown-Shasta-Trinity Chickasaw Recreation Area, Okla ...... 7.50 National Recreation Area, Calif ...... 7.91 Colonial National Historical Park, Va ...... 7.1 Wright Brothers National Memorial, N.C ...... 7.76 Lake Roosevelt National Recreation Area, Wash ... 7.55 Yellowstone National Park, Wyo.-Mont.-Idaho ...... 7.13 Crater Lake National Park, Oreg ...... 7.2 Yosemite National Park, Calif ...... 7.16 Curecanti Recreation Area, Colo ...... 7.51 Zion National Park, Utah ...... 7.10 Cuyahoga Valley National Recreation Area, Ohio .. 7.17 Death Valley National Monument, Calif ...... 7.26 Delaware Water Gap National Recreation Area, [32 FR 6932, May 5, 1967; 32 FR 7333, May 17, N.J.–Pa ...... 7.71 1967, as amended at 32 FR 21037, Dec. 30, 1967] Devil’s Tower National Monument, Wyo ...... 7.30 Dinosaur National Monument, Utah-Colo ...... 7.63 EDITORIAL NOTE: The Alphabetical Listing Everglades National Park, Fla ...... 7.45 is updated annually by the Office of the Fed- Fire Island National Seashore, N.Y ...... 7.20 eral Register. Fort Caroline National Memorial, Fla ...... 7.61 Fort Jefferson National Monument, Fla ...... 7.27 § 7.1 Colonial National Historical Park. Gateway National Recreation Area, N.Y.–N.J ...... 7.29 Glacier National Park, Mont ...... 7.3 (a) Boating. Except in emergencies, Glen Canyon National Recreation Area, Utah-Ariz 7.70 no privately owned vessel shall be Golden Gate National Recreation Area, Calif ...... 7.97 launched from land within Colonial Na- Grand Canyon National Park, Ariz ...... 7.4 Grand Portage National Monument, Minn ...... 7.59 tional Historical Park and no privately Grand Teton National Park, Wyo ...... 7.22 owned vessel shall be beached or landed Great Smoky Mountains National Park, N.C.-Tenn 7.14 on land within said Park. Guadalupe Mountains National Park, Tex ...... 7.93 Gulf Islands National Seashore, Fla.–Miss ...... 7.12 (b) Commercial passenger—carrying Harpers Ferry National Historical Park, Md.–W.V .. 7.78 motor vehicles. Permits shall be re- Hawaii Volcanoes National Park, Hawaii ...... 7.25 quired for the operation of commercial Herbert Hoover National Historic Site, Iowa ...... 7.60 passenger-carrying vehicles, including Hopewell Village National Historic Site, Pa ...... 7.40 Hot Springs National Park, Ark ...... 7.18 taxi-cabs, carrying passengers for hire Indiana Dunes National Lakeshore, Ind ...... 7.88 on any portion of the Colonial Park- Isle Royale National Park, Mich ...... 7.38 way. The fees for such permits shall be Jean Lafitte National Historical Park, La ...... 7.37 Kaloko-Honokohau National Historical Park, Ha- as follows: waii ...... 7.87 (1) Annual permit for the calendar Lake Chelan National Recreation Area, Wash ...... 7.62 year: $3.50 for each passenger-carrying Lake Mead National Recreation Area, Ariz.-Nev .... 7.48 seat in the vehicle to be operated. Lake Meredith National Recreation Area, Tex ...... 7.57 Mammoth Cave National Park, Ky ...... 7.36 (2) Quarterly permit for a period be- Mesa Verde National Park, Colo ...... 7.39 ginning January 1, April 1, July 1, or Mount Rainier National Park, Wash ...... 7.5 October 1: $1 for each passenger-car- Mount Rushmore National Memorial, S. Dak ...... 7.77 Muir Woods National Monument, Calif ...... 7.6 rying seat in the vehicle to be oper- Natchez Trace Parkway, Miss.-Tenn.-Ala ...... 7.43 ated. National Capital Region, D.C. area ...... 7.96 (3) Permit good for one day, 5-pas- New River Gorge National River, WV ...... 7.89 senger vehicle: $1. North Cascades National Park, Wash ...... 7.66 Olympic National Park, Wash ...... 7.28 (4) Permit good for one day, more Ozark National Scenic Riverways, Mo ...... 7.83 than 5-passenger vehicle: $3. Padre Island National Seashore, Tex ...... 7.75 Perry’s Victory and International Peace Memorial, [32 FR 16213, Nov. 28, 1967, as amended at 48 Ohio ...... 7.31 FR 30293, June 30, 1983]

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

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such reasonable special conditions re- 2. Any building or structure used for the lating to the health and safety of visi- purpose of conducting the business herein tors both to the park and to the estab- permitted shall be kept in a safe, and sightly lishments as the Superintendent may condition. 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 llllll, to operate during 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. (specify type of es- lllllllllllll 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 the Interior, shall be admitted to any of. share or part of this permit or derive, di- Issued at Glacier National Park, Mont., rectly or indirectly, any pecuniary benefit this llllll day of llllllll, arising therefrom. 19ll. 8. Standard Equal Employment Provision Superintendent to be set out in full as provided for by Execu- tive Orders 10925 and 11114. I, llllllllllll, the permittee 9. The following special provisions are named herein, accept this permit subject to made a part of this permit: lllllllll the terms, convenants, obligations, and reservations 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 lands within Glacier National Park. Corporation—the officer authorized to execute 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 provisions of paragraph (e)(3) of this section, Witness: no person shall occupy any building or structure intended for human habi- Name tation, 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 boundaries such building is located. (Reverse of Permit) (ii) No person shall construct, rebuild GENERAL REGULATORY PROVISIONS OF THIS or alter any water supply or sewage PERMIT disposal system without a written permit issued by the Superintendent. The 1. Permittee shall exercise this privilege subject to the supervision of the Super- Superintendent will issue such permit intendent of the Park and shall comply with only after receipt of written notifica- the regulations of the Secretary of the Inte- tion from the appropriate Federal, rior governing the Park. State, or county officer that the plans

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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 disposal system may be inspected without tering the United States section of Gla- the consent of the occupant of the cier National Park will be accepted at premises or a warrant if there is prob- the official rate of exchange in pay- able cause to believe that such system ment of the recreation fees prescribed presents an immediate and severe dan- for the park. ger to the public health. (f) Commercial passenger-carrying (3) Defective systems. (i) If upon in- motor vehicles. The prohibition against spection, any water supply system or the commercial transportation of pas- sewage disposal system is found by the sengers by motor vehicles to Glacier inspecting officer not to be in conform- National Park, contained in § 5.4 of this ance with applicable State and county chapter, shall be subject to the fol- standards, the Superintendent will lowing exceptions: send to the ostensible owner and/or the (1) Commercial transport of pas- occupant of such property, by certified sengers by motor vehicles on those por- mail, a written notice specifying what tions of the park roads from Sherburne steps must be taken to achieve compli- entrance to the Many Glacier area; ance. If after one year has elapsed from from Two Medicine entrance to Two the mailing of such written notice the Medicine Lake; from West Glacier en- deficiency has not been corrected, such trance to the Camas Entrance; U.S. deficiency shall constitute a violation Highway 2 from Walton to Java; and of this regulation and shall be the basis the Going-to-the-Sun Road from West for court action for the vacation of the Glacier entrance to Lake McDonald premises. Lodge and from St. Mary entrance to (ii) If upon inspection, any water sup- Rising Sun will be permitted. ply or sewage disposal system is found (2) Commercial passenger-carrying by the inspecting officer not to be in motor vehicles operated in the above conformance with established State areas, on a general, infrequent, and and county standards and it is found nonscheduled tour in which the visit to further that there is immediate and se- the park is incidental to such tour, and vere danger to the public health or the carrying only round-trip passengers health of the occupants, the Super- traveling from the point of origin of intendent shall post appropriate no- the tour, will be accorded admission to tices at conspicuous places on such the park. Such tours shall not provide, premises, and thereafter, no person in effect, a regular and duplicating shall occupy the premises on which the service conflicting with, or in competi- system is located until the Super- tion with, the tours provided for the

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public pursuant to contract authoriza- a river trip is experienced in running tion from the Secretary as determined rivers in white water navigation of by the Superintendent. similar difficulty, and possesses appropriate equipment, which is identified in [34 FR 5842, Mar. 28, 1969, as amended at 36 FR 9248, May 21, 1971; 37 FR 7499, Apr. 15, the terms and conditions of the permit. 1972; 48 FR 29847, June 29, 1983; 48 FR 30293, (ii) No person shall conduct, lead, June 30, 1983; 52 FR 10685, Apr. 2, 1987; 60 FR guide, or outfit a commercial river trip 35841, July 12, 1995; 60 FR 55791, Nov. 3, 1995] without first securing the above permit and possessing an additional permit au- § 7.4 Grand Canyon National Park. thorizing 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 (i) The Superintendent shall issue a whose wheels have been removed or permit upon a determination that the which, for other reasons, cannot be im- person leading, guiding, or conducting mediately towed from their location,

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excluding trailers being used as resi- gestion, visual pollution, or fuel and dences which are occupying sites des- lubricant drip pollution. ignated for this purpose by the Super- (6) The Superintendent shall have the intendent. A legally inoperative vehi- right of inspection at all reasonable cle is a motor vehicle capable of move- times to ensure compliance with the ment under its own power, but not li- requirements of this paragraph. censed to legally operate on roads. [34 FR 14212, Sept. 10, 1969 as amended at 36 (2) Leaving, storing, or placing upon FR 23293, Dec. 8, 1971; 42 FR 25857, May 20, federally owned lands within the park 1977; 43 FR 1793, Jan. 12, 1978; 52 FR 10685, any immobilized or legally inoperative Apr. 2, 1987] vehicle for a period exceeding 30 days is prohibited, except under the terms of a § 7.5 Mount Rainier National Park. permit issued by the Superintendent. (a) Fishing. (1) The following waters (3) A revocable permit for an immo- are closed to fishing: bilized or legally inoperative vehicle (i) Tipsoo Lake. may be issued without fee by the Su- (ii) Shadow Lake. perintendent for a specific period of (iii) Klickitat Creek above the White time, upon a finding that the issuance River Entrance water supply intake. of such a permit will not interfere with (iv) Laughing Water Creek above the park management or impair park re- Ohanapecosh water supply intake. sources. (v) Frozen Lake. (i) Any permit issued will be valid for (vi) Reflection Lakes. the period stated on the permit, unless (vii) Ipsut Creek above the Ipsut otherwise revoked or terminated by Creek Campground water supply in- the Superintendent, and will state the take. name and address of the owner, the de- (2) Except for artificial fly fishing, scription of the vehicle, and the exact the Ohanapecosh River and its tribu- location where it may be left, stored or taries are closed to all fishing. placed. (3) There shall be no minimum size 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, clude, but shall not be limited to, the current route conditions, adequacy of creation of a safety hazard, traffic con- equipment and clothing, and qualifying

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experience necessary for the route con- (c) Fishing. Fishing is prohibited templated. within the Monument. (c) Backcountry Camping—(1) [24 FR 11035, Dec. 30, 1959, as amended at 34 Backcountry camping permits required. FR 5255, Mar. 14, 1969; 39 FR 14338, Apr. 23, No person or group of persons traveling 1974] together may camp in the backcountry without a valid backcountry camping § 7.7 Rocky Mountain National Park. permit. Permits may be issued to each (a) Fishing. (1) Fishing restrictions, permittee or to the leader of the group based on management objectives de- for a group of persons. The permit scribed in the park’s Resources Man- must be attached to the pack or camp- agement Plan, are established annually ing equipment of each permittee in a by the Superintendent. clearly visible location. No person may (2) The Superintendent may impose closures and establish conditions or re- camp in any location other than that strictions, in accordance with the cri- designated in the permit for a given teria and procedures of §§ 1.5 and 1.7 of date. this chapter, on any activity per- (2) Group size limitations. Groups ex- taining to fishing, including, but not ceeding five persons must camp at a limited to species of fish that may be group site, but groups may not exceed taken, seasons and hours during which twelve persons. The Superintendent fishing may take place, methods of may, however, taking, size, creel, and possession lim- (i) Waive group size limitations on its. routes in the climbing zone when he de- (3) Fishing in closed waters or vio- termines that it will not result in envi- lating a condition or restriction estab- ronmental degradation; and lished by the Superintendent is prohib- (ii) Establish special zones and group ited. size limitations during the winter sea- (b) Trucking Permits. (1) The Super- son to balance the impact of cross- intendent may issue a permit for country skiers, snowshoers, and trucking on a park road when the load snowmobilers on the resource. carried originates and terminates with- (d) Snowmobile use—(1) Designated in the counties of Larimer, Boulder, or 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. (v) The Stevens Canyon Road from (c) Boats. (1) The operation of motor- Stevens Canyon Entrance to the Ste- boats is prohibited on all waters of the vens Canyon Road tunnel at Box Can- park. yon. (2) All vessels are prohibited on Bear 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 or a snowplane must com- struction and maintenance projects au- ply with all requirements applicable to thorized by the Superintendent. This snowmobiles. restriction shall not apply to outboard Snowcoach means a self-propelled motors on waters open to mass transit vehicle intended for travel motorboating. on snow, having a curb weight of over (l)(1) What is the scope of this regula- 1000 pounds (450 kilograms), driven by a tion? The regulations contained in track or tracks and steered by skis or paragraphs (l)(2) through (1)(17) of this tracks, and having a capacity of at section are intended to apply to the use least 8 passengers. of recreational and commercial snow- Snowplane means a self-propelled ve- mobiles. Except where indicated, para- hicle intended for oversnow travel and graphs (1)(2) through (l)(17) do not driven by an air-displacing propeller. apply to non-administrative snowmobile or snowcoach use by NPS, con- (3) May I operate a snowmobile in Yel- tractor or concessioner employees who lowstone National Park? (i) You may op- live or work in the interior of Yellow- erate a snowmobile in Yellowstone Na- stone, or other non-recreational users tional Park in compliance with use authorized by the Superintendent. limits, guiding requirements, operating (2) What terms do I need to know? This hours and dates, equipment, and oper- paragraph also applies to non adminis- ating conditions established pursuant trative snowmobile use by the NPS, to this section. The Superintendent contractor or concessioner employees, may establish additional operating or other non-recreational users author- conditions and shall provide notice of ized by the Superintendent. those conditions in accordance with Commercial guide means a guide who § 1.7(a) of this chapter or in the FED- operates as a snowmobile guide for a ERAL REGISTER. fee or compensation and is authorized (ii) The authority to operate a snow- to operate in the park under a conces- mobile in Yellowstone National Park sion contract. In this regulation, established in paragraph (l)(3)(i) is in ‘‘guide’’ also means ‘‘commercial effect only through the winter season guide.’’ of 2006–2007. Historic snowcoach means a Bom- (4) May I operate a snowcoach in Yel- bardier snowcoach manufactured in lowstone National Park? (i) Commercial 1983 or earlier. Any other snowcoach is snowcoaches may be operated in Yel- considered a non-historic snowcoach. lowstone National Park under a con- Oversnow route means that portion of cessions contract. Non-commercial the unplowed roadway located between snowcoaches may be operated if au- the road shoulders and designated by thorized by the Superintendent. snow poles or other poles, ropes, fenc- Snowcoach operation is subject to the ing, or signs erected to regulate over- conditions stated in the concessions snow activity. Oversnow routes include contract and all other conditions iden- pullouts or parking areas that are tified in this section. groomed or marked similarly to road- (ii) Beginning with the winter of ways and are adjacent to designated 2005–2006, all non-historic snowcoaches oversnow routes. An oversnow route must meet NPS air emissions require- may also be distinguished by the inte- ments. These requirements are the ap- rior boundaries of the berm created by plicable EPA emission standards for the packing and grooming of the the vehicle at the time it was manufac- unplowed roadway. The only motorized tured.

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(iii) All critical emission-related ex- specified in paragraph (l)(6)(i) of this haust components (as defined in 40 CFR section. 86.004–25(b)(3)(iii) through (v)) must be (C) The snowmobile test procedures functioning properly. Malfunctioning specified by EPA (40 CFR parts 1051 and critical emissions-related components 1065) shall be used to measure air emis- must be replaced with the original sions from model year 2004 and later equipment manufacturer (OEM) com- snowmobiles. Equivalent procedures ponent, where possible. Where OEM may be used for earlier model years. parts are not available, aftermarket (ii) For sound emissions, snowmo- parts may be used. biles must operate at or below 73dB(A) (iv) Modifying or disabling a as measured at full throttle using test snowcoach’s original pollution control procedures similar to Society of Auto- equipment is prohibited except for motive Engineers J192 test procedures maintenance purposes. (revised 1985). Snowmobiles may be (v) Individual snowcoaches may be tested at any barometric pressure subject to periodic inspections to de- equal to or above 23.4 inches Hg uncor- termine compliance with the require- rected. ments of paragraphs (l)(4)(ii) through (iii) The Superintendent may pro- (l)(4)(iv) of this section. hibit entry into the park of any snow- (vi) Historic snowcoaches are not re- mobile that has been modified in a quired to meet air emissions restric- manner that may adversely affect air tions. or sound emissions. (vii) The authority to operate a (7) Where must I operate my snowmobile snowcoach in Yellowstone National in Yellowstone National Park? (i) You Park established in paragraph (l)(4)(i) must operate your snowmobile only is in effect only through the winter upon designated oversnow routes estab- season of 2006–2007. lished within the park in accordance (5) Must I operate a certain model of with § 2.18(c) of this chapter. The fol- snowmobile? Only commercially avail- lowing oversnow routes are so des- able snowmobiles that meet NPS air ignated for snowmobile use through and sound emissions requirements as the winter season of 2006–2007: set forth in this section may be oper- (A) The Grand Loop Road from its ated in the park. The Superintendent junction with Terrace Springs Drive to will approve snowmobile makes, mod- Norris Junction. els, and year of manufacture that meet (B) Norris Junction to Canyon Junc- those requirements. Any snowmobile tion. model not approved by the Super- (C) The Grand Loop Road from Norris intendent may not be operated in the Junction to Madison Junction. park. (D) The West Entrance Road from the (6) How will the Superintendent ap- park boundary at West Yellowstone to prove snowmobile makes, models, and Madison Junction. year of manufacture for use in the park? (i) Beginning with the 2005 model year, (E) The Grand Loop Road from Madi- all snowmobiles must be certified son Junction to West Thumb. under 40 CFR part 1051, to a Family (F) The South Entrance Road from Emission Limit no greater than 15 g/ the South Entrance to West Thumb. kW-hr for hydrocarbons and to a Fam- (G) The Grand Loop Road from West ily Emission Limit no greater than 120 Thumb to its junction with the East g/kW-hr for carbon monoxide. Entrance Road. (A) 2004 model year snowmobiles may (H) The East Entrance Road from the use measured emissions levels (official East Entrance to its junction with the emission results with no deterioration Grand Loop Road. factors applied) to comply with the (I) The Grand Loop Road from its emission limits specified in paragraph junction with the East Entrance Road (l)(6)(i) of this section. to Canyon Junction. (B) Snowmobiles manufactured prior (J) The South Canyon Rim Drive. to the 2004 model year may be operated (K) Lake Butte Road. only if they have been shown to have (L) In the developed areas of Madison emissions no greater than the limits Junction, Old Faithful, Grant Village,

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Lake, Fishing Bridge, Canyon, Indian (i) All recreational snowmobile oper- Creek, and Norris. ators must be accompanied by a com- (M) Firehole Canyon Drive between mercial guide. noon and 9 p.m. each day. (ii) Snowmobile parties must travel (ii) The Superintendent may open or in a group of no more than 11 snowmo- close these routes, or portions thereof, biles, including that of the guide. for snowmobile travel after taking into (iii) Guided parties must travel to- consideration the location of wintering gether within a maximum of one-third wildlife, appropriate snow cover, public mile of the first snowmobile in the safety, and other factors. Notice of group. such opening or closing shall be pro- (10) Are there limits established for the vided by one or more of the methods numbers of snowmobiles permitted to oper- listed in § 1.7(a) of this chapter. ate in the park each day? The numbers (iii) This paragraph also applies to of snowmobiles allowed to operate in non-administrative snowmobile use by the park each day is limited to a cer- NPS, contractor or concessioner em- tain number per entrance or location. ployees, or other non-recreational The limits are listed in the following users authorized by the Super- table: intendent. (iv) Maps detailing the designated TABLE 1 TO § 7.13—DAILY SNOWMOBILE LIMITS oversnow routes will be available from Total Park Headquarters. number of (8) What routes are designated for commercially Park entrance/location guided snowcoach use? (i) Authorized snowmobile snowcoaches may only be operated on allocations the routes designated for snowmobile (i) YNP—North Entrance* ...... 30 use in paragraphs (l)(7)(i)(A) through (ii) YNP—West Entrance ...... 400 (l)(7)(i)(M) of this section and the fol- (iii) YNP—South Entrance ...... 220 lowing additional oversnow routes (iv) YNP—East Entrance ...... 40 through the winter season 2006–2007: (v) YNP—Old Faithful* ...... 30 (A) Firehole Canyon Drive. *These limits may be reallocated between these two areas (B) Fountain Flat Road. as necessary, so long as the total daily number of snowmobiles for the two areas does not exceed 60. (C) Virginia Cascades Drive. (D) North Canyon Rim Drive. (11) When may I operate my snowmobile (E) Riverside Drive. or snowcoach? The Superintendent will (F) That portion of the Grand Loop determine operating hours and dates. Road from Canyon Junction to Expect for emergency situations, Washburn Hot Springs overlook. changes to operating hours may be (ii) The Superintendent may open or made annually and the public will be close these oversnow routes, or por- notified of those changes through one tions thereof, or designate new routes or more of the methods listed in § 1.7(a) for snowcoach travel after taking into of this chapter. consideration the location of wintering (12) What other conditions apply to the wildlife, appropriate snow cover, public operation of oversnow vehicles? (i) The safety, and other factors. Notice of following are prohibited: such opening or closing shall be pro- (A) Idling an oversnow vehicle more vided by one or more of the methods than 5 minutes at any one time. listed in § 1.7(a) of this chapter. (B) Driving an oversnow vehicle (iii) This paragraph also applies to while the driver’s motor vehicle license non-administrative snowcoach use by or privilege is suspended or revoked. NPS, contractor or concessioner em- (C) Allowing or permitting an unli- ployees, or other non-recreational censed driver to operate an oversnow users authorized by the Super- vehicle. intendent. (D) Driving an oversnow vehicle in (9) Must I travel with a commercial willful or wanton disregard for the guide while snowmobiling in Yellow- safety of persons, property, or park re- stone and what other guiding require- sources or otherwise in a reckless man- ments apply? ner.

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(E) Operating an oversnow vehicle (ii) Operating or being in actual without a lighted white headlamp and physical control of an oversnow vehicle red taillight. is prohibited when the driver is a snow- (F) Operating an oversnow vehicle mobile guide or a snowcoach driver and that does not have brakes in good the alcohol concentration in the opera- working order. tor’s blood or breath is 0.04 grams or (G) The towing of persons on skis, more of alcohol per 100 milliliters of sleds or other sliding devices by blood or 0.04 grams or more of alcohol oversnow vehicles, except in emer- per 210 liters of breath. gency situations. (iii) This paragraph also applies to (ii) The following are required: non-administrative snowmobile use by (A) All oversnow vehicles that stop NPS, contractor or concessioner em- on designated routes must pull over to the far right and next to the snow ployees, or other non-recreational berm. Pullouts must be utilized where users as authorized by the Super- available and accessible. Oversnow ve- intendent. hicles may not be stopped in a haz- (14) Do other NPS regulations apply to ardous location or where the view the use of oversnow vehicles? (i) The use might be obscured, or operating so of oversnow vehicles in Yellowstone is slowly as to interfere with the normal not subject to §§ 2.18 (b), (d), (e), and flow of traffic. 2.19(b) of this chapter. (B) Oversnow vehicle drivers must (ii) This paragraph also applies to possess a valid motor vehicle driver’s non-administrative snowmobile use by license. A learner’s permit does not NPS, contractor or concessioner em- satisfy this requirement. The license ployees, or other non-recreational must be carried by the driver at all users as authorized by the Super- times. intendent. (C) Equipment sleds towed by a snow- (15) Are there any forms of non-motor- mobile must be pulled behind the snow- ized oversnow transportation allowed in mobile and fastened to the snowmobile the park? (i) Non-motorized travel con- with a rigid hitching mechanism. sisting of skiing, skating, snowshoeing, (D) Snowmobiles must be properly or walking is permitted unless other- registered and display a valid registra- wise restricted pursuant to this section tion from the United States or Canada. (iii) The Superintendent may impose or other provisions of 36 CFR part 1. other terms and conditions as nec- (ii) The Superintendent may des- essary to protect park resources, visi- ignate areas of the park as closed, re- tors, or employees. The public will be open such areas, or establish terms and notified of any changes through one or conditions for non-motorized travel more methods listed in § 1.7(a) of this within the park in order to protect chapter. visitors, employees, or park resources. (iv) This paragraph also applies to (iii) Dog sledding and ski-joring are non-administrative snowmobile use by prohibited. NPS, contractor or concessioner em- (16) May I operate a snowplane in Yel- ployee, or other non-recreational users lowstone? The operation of a snowplane as authorized by the Superintendent. in Yellowstone is prohibited. (13) What conditions apply to alcohol (17) Is violating any of the provisions of use while operating an oversnow vehicle? this section prohibited? Violating any of In addition to the regulations con- the terms, conditions or requirements tained in 36 CFR 4.23, the following of paragraphs (l)(1) through (l)(16) of conditions apply: this section is prohibited. Each occur- (i) Operating or being in actual phys- rence of non-compliance with these ical control of an oversnow vehicle is prohibited when the driver is under 21 regulations is a separate violation. years of age and the alcohol concentra- (m) Swimming. The swimming or tion in the driver’s blood or breath is bathing in a natural, historical, or ar- 0.02 grams or more of alcohol per 100 cheological thermal pool or stream milliliters of blood or 0.02 grams or that has waters originating entirely more of alcohol per 210 liters of breath.

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from a thermal spring or pool is pro- mediately returned unharmed to the hibited. water from which taken. (i) No trout or bass less than 7″ in [36 FR 12014, June 24, 1971, as amended at 37 FR 24034, Nov. 11, 1972; 39 FR 9964, Mar. 15, length may be retained. 1974; 43 FR 21460, May 18, 1978; 45 FR 56343, (ii) No size limit on redeye Aug. 25, 1980; 48 FR 30293, June 30, 1983; 52 FR (rockbass). 10686, Apr. 2, 1987; 52 FR 19346, May 22, 1987; (8) Possession limit. (i) Possession 59 FR 43736, Aug. 25, 1994; 66 FR 7265, Jan. 22, limit shall mean and include the num- 2001; 67 FR 69477, Nov. 18, 2002; 68 FR 69282, ber of trout, bass or redeye (rockbass) Dec. 11, 2003; 69 FR 65360, Nov. 10, 2004] caught in park waters which may be in § 7.14 Great Smoky Mountains Na- possession, regardless of whether they tional Park. are fresh, stored in ice chests, or otherwise preserved. A person must stop and (a) Fishing—(1) License. A person fish- desist from fishing for the remainder of ing within the park must have in pos- the day upon attaining the possession session the proper State fishing license limit. issued by either Tennessee or North (ii) Five, fish, trout, bass, or redeye, Carolina. A holder of a valid resident or a combination thereof, is the max- or nonresident license issued by either imum number which a person may re- State may fish throughout the park ir- tain in one day or be in possession of at respective of State boundaries, except any one time. in Closed and Excluded Waters. (9) The superintendent may designate (2) Closed and Excluded Waters. All certain waters as Experimental Fish waters of Mingus Creek, Lands Creek, Chestnut Branch and that portion of Management Waters and issue tem- LeConte Creek as posted through the porary and special rules regulating park residential area of Twin Creeks, fishing use by posting signs and are closed to and excluded from fish- issuance of official public notification. ing. All persons shall observe and abide by (3) Open Waters. (i) All of the waters such officially posted rules pertaining of the Oconaluftee River downstream to these specially designated waters. from where it joins with Raven Fork to (b) Beer and alcoholic beverages. The the park boundary and that portion of possession of beer or any alcoholic bev- Raven Fork from its junction with the erages in an open or unsealed con- Oconaluftee River upstream and paral- tainer, except in designated picnic, leling the Big Cove Road to the park camping, or overnight lodging facili- boundary are open to fishing in accord- ties, is prohibited. ance with the Cherokee Fish and Game [24 FR 11041, Dec. 30, 1959, as amended at 31 Management regulations. FR 5827, Apr. 15, 1966; 32 FR 21038, Dec. 30, (ii) All other park waters are open to 1967; 33 FR 18156, Dec. 6, 1968; 40 FR 16315, fishing in accordance with National Apr. 11, 1975; 40 FR 25590, June 17, 1975; 48 FR Park Service regulations. 30294, June 30, 1983; 48 FR 31022, July 6, 1983] (4) Season. Open all year for rainbow and brown trout, smallmouth bass, and § 7.15 Shenandoah National Park. redeye (rockbass). All other fish are (a) Backcountry camping. For pur- protected and may not be taken by any poses of clarification at Shenandoah means. National Park, ‘‘backcountry camp- (5) Time. Fishing is permitted from ing’’ is defined as any use of portable sunrise to sunset only. shelter or sleeping equipment in the (6) Fish and equipment and bait. Fish- backcountry. ‘‘Backcountry’’ is defined ing is permitted only by use of one as those areas of the park which are handheld rod and line. more than 250 yards from a paved road, (i) Only artificial flies or lures hav- and more than one-half mile from any ing one single hook may be used. park facilities other than trails, un- (ii) The use or possession of any form paved roads and trail shelters. The Su- of fish bait other than artificial flies or perintendent may designate areas lures on any park stream while in pos- where backcountry camping is prohib- session of fishing tackle is prohibited. ited if there would be potential damage (7) Size limits. All trout or bass caught to park resources or disruption to less than the legal length shall be im- other park uses. Such areas will be

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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 nied when such action is necessary to and be covered with not less than three protect park resources or park visitors, (3) inches of soil. or to regulate levels of visitor use in [24 FR 11041, Dec. 30, 1959, as amended at 28 legislatively-designated wilderness FR 1797, Feb. 27, 1963; 32 FR 17661, Dec. 12, areas; 1967; 39 FR 9964, Mar. 15, 1974; 48 FR 30294, (2) No person may camp in or with a June 30, 1983; 49 FR 18450, Apr. 30, 1984; 52 FR group of more than nine (9) other per- 10686, Apr. 2, 1987; 52 FR 19345, May 22, 1987; sons; 63 FR 13343, Mar. 19, 1998] (3) No person or group may backcountry camp: § 7.16 Yosemite National Park. (i) Within 250 yards or in view from (a) Fishing—(1) Open season and limit any paved park road or the park bound- of catch. The open season for fishing ary; and the daily bag limit and possession (ii) Within one-half mile or in view limit shall conform to that of the State from any automobile campground, of California for the Central Sierra Re- lodge, restaurant, visitor center, picnic gion, except as otherwise provided by area, ranger station, administrative or paragraph (k) of this section. maintenance area, or other park devel- (2)–(3) [Reserved] opment or facility except a trail, an (4) Fishing from horseback. Fishing unpaved road or a trail shelter; from horseback in any lake or stream (iii) On or in view from any trail or is prohibited. unpaved road, or within sight of any (5) Gathering or securing grubs. Gath- sign which has been posted by park au- ering or securing grubs for bait thorities to designate a no camping through the destruction or tearing area; apart of down trees or logs within sight (iv) Within view of another camping of roads, trails or inhabited areas is party, or inside or within view from a prohibited. trail shelter: Provided, however, That (b) Closed roads. (1) The road between backcountry campers may seek shelter Hetch Hetchy Dam and Lake Eleanor is and sleep within or adjacent to a trail closed to all motor vehicle travel ex- shelter with other camping groups, cept vehicles belonging to the United during periods of severely unseasonable States Government, the State of Cali- weather when the protection and fornia, or the City of San Francisco, amenities of such shelter are deemed California. essential; (2) [Reserved] (v) Within 25 feet of any stream; and (c) Powerless flight. The use of devices (4) No person shall backcountry camp designed to carry persons through the more than two (2) consecutive nights air in powerless flight is allowed at at a single location. The term ‘‘loca- times and locations designated by the tion’’ shall mean that particular camp- superintendent, pursuant to the terms site and the surrounding area within a and conditions of a permit. two hundred fifty (250) yard radius of (d) [Reserved] that campsite. (e) Camping. (1) Camping is permitted (b) Powerless flight. The use of devices in Yosemite National Park for not designed to carry persons through the more than a total of 30 days in any cal- air in powerless flight is allowed at endar year: Provided, however, That times and locations designated by the during the period from June 1 to Sep- superintendent, pursuant to the terms tember 15, inclusive, camping within and conditions of a permit. the Yosemite Valley is limited to not

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more than a total of 7 days and camp- of food and drink authorized in this ing within all other portions of the paragraph to be issued by the Super- park, during the same period, is lim- intendent shall contain general regu- ited to not more than a total of 14 latory provisions as hereinafter set days. forth, and will include such special (2) Quiet shall be maintained at all conditions as the Superintendent may camps between 10 p.m. and 6 a.m. deem necessary to cover existing local (f)–(g) [Reserved] circumstances, and shall be in a form (h) Regulations governing eating and substantially as follows: drinking establishments and sale of food and drink. (1) No restaurant, coffee FRONT OF PERMIT shop, cafeteria, short order cafe, lunch No. lll room, tavern, sandwich stand, soda fountain, or other eating and drinking UNITED STATES establishment, including kitchens, or DEPARTMENT OF THE INTERIOR other place in which food and drink is prepared for sale elsewhere, may be op- NATIONAL PARK SERVICE erated on any privately-owned lands REVOCABLE PERMIT FOR OPERATION OF EATING within Yosemite National Park unless AND DRINKING ESTABLISHMENTS, AND FOR a permit for the operation thereof has SALE OF FOOD AND DRINK first been secured from the Super- Permission is hereby granted llllllof intendent. llllllll, during the period from (2) The Superintendent will issue llllllll 19ll to llllllll such a permit only after an inspection 19ll, inclusive to operate a of the premises to be licensed by the (Specify type of establishment) County Health Officer and written noon the following described privately-owned tice that the premises comply with the lands within Yosemite National Park, over substantive requirements of State and which the United States exercises exclusive jurisdiction llllll subject to the gen- County health laws and ordinances eral provisions and any special conditions which would apply to the premises if stated on the reverse hereof. the privately-owned lands were not Issued at llllll this lllll day of subject to the jurisdiction of the llllllll, 19ll. United States. Superintendent (3) The Superintendent or his duly The undersigned hereby accepts this permit authorized representative shall have subject to the terms, covenants, obligations the right of inspection at all reason- and reservations, expressed or implied there- able times for the purpose of in. ascertaining whether eating and drink- Two witnesses to signature(s): ing establishments are being operated 1 lllllllllllllllllllllll in a sanitary manner. (4) No fee will be charged for the (Address) issuance of such a permit. (5) The applicant or permittee may (Address) appeal to the Regional Director, Na- 1 Sign name or names as written in body of tional Park Service, from any final ac- permit; for copartnership, permittees should tion of the Superintendent refusing, sign as ‘‘Members of firm’’; for corporation, conditioning or revoking the permit. the officer authorized to execute contracts, etc., should sign, with title, the sufficiency Such an appeal, in writing, shall be of such signature being attested by the sec- filed within twenty days after receipt retary, with corporate seal, in lieu of wit- of notice by the applicant or permittee nesses. of the action appealed from. Any final decision of the Regional Director may REVERSE OF PERMIT be appealed to the Director of the Na- GENERAL REGULATORY PROVISIONS OF THIS tional Park Service within 15 days PERMIT after receipt of notice by the applicant 1. Permittee shall exercise this privilege or permittee of the Regional Director’s subject to the supervision of the Super- decision. intendent of the Park and shall comply with (6) The revocable permit for eating the regulations of the Secretary of the Inte- and drinking establishments and sale rior governing the Park.

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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 other refuse from the business herein per- and was in use prior to the effective mitted as required by the Superintendent. date of this regulation shall be subject 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 5. Permittee, his agents, and employees disposal system would meet the re- shall take all reasonable precautions to pre- quirements of the State and county vent forest fires and shall assist the Super- intendent to extinguish forest fires within health laws and ordinances were such the vicinity of the place of business herein system not located on lands within the permitted, and in the preservation of good park. In the event such existing system order within the vicinity of the business op- is found by the Health Officer to be erations herein permitted. substandard and a hazard to health, the 6. Failure of the permittee to comply with person, corporation, or other organiza- all State and County substantive laws and tion controlling the structure served ordinances applicable to eating and drinking by such system shall have one (1) year establishments and the sale of food and after service of a written notice by the drink, or to comply with any law or any regulations of the Secretary of the Interior gov- Superintendent to comply with the re- erning the Park, or with the conditions im- quirements of the State and county posed by this permit, will be grounds for rev- health laws and ordinances. Such no- ocation of this permit. tice shall describe briefly the defi- 7. No disorderly conduct shall be permitted ciency as noted by the County Health on the premises. Officer and shall specify what steps 8. This permit may not be transferred or must be taken to achieve conformity assigned without the consent, in writing, of with health regulations. In the event the Superintendent. 9. Neither Members of, nor Delegates to the deficiency described in the notice Congress, or Resident Commissioners, offi- is not remedied within the period set cers, agents, or employees of the Department forth above, the structures affected by of the Interior shall be admitted to any or served by such sewage system shall share or part of this permit or derive di- be deemed unfit for human habitation rectly or indirectly, any pecuniary benefit and shall be vacated until such defi- arising therefrom. ciency is remedied and a certificate of 10. The following special provisions are approval is filed with the Super- made a part of this permit: intendent. (i) Motorboats. Motorboats are prohib- (2) Water supply facilities—(i) Con- ited on all the natural lakes and struction of new facilities. Domestic streams of Yosemite National Park. water supply facilities for the use of (j) Domestic water supplies and sewage two (2) or more families or for use of disposal systems—(1) Sewage disposal sys- the general public may not be con- tems—(i) Construction. Any dwelling or structed, installed, or reconstructed on establishment constructed on privately the privately owned land within Yo- owned land within Yosemite National semite National Park unless the plans Park for the purpose of housing one or for such facilities are consistent with more persons must be served by an ap- the requirements of State and county proved sewage disposal system prior to health laws and ordinances which occupancy. Such system may not be would be applicable if such water sup- initially constructed or rebuilt without ply facilities were located on privately a permit issued by the Superintendent. owned lands outside of the park. Facili- Such permit shall be issued only after ties for such a new water supply sys- the receipt by the Superintendent of tem shall not be constructed or recon- written notification by the County structed without a permit issued by Health Officer that the plans for such the Superintendent. A permit will be construction or reconstruction are con- issued only after the receipt by the Su- sistent with the requirements of the perintendent of written notification by State and county health laws and ordi- the County Health Officer that the

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plans for the construction or recon- age or water supply systems shall be struction of the water supply system issued without charge by the Super- are consistent with the requirements of intendent after written notification by the State and county health laws and the County Health Officer that the ordinances applicable to structures and plans and specifications for any pro- establishments located outside of the posed system are deemed to be in con- park. formity with the requirements of the (ii) Existing systems. All water supply State and county health laws and ordi- systems for the use of two (2) or more nances. Any applicant or permittee ag- families or for use by the general pub- grieved by an action of the Super- lic, regardless of size and whether or intendent in refusing or in condi- not constructed and in use prior to the tioning a permit for the construction effective date of this regulation, shall or reconstruction of a sewage disposal be subject to inspection from time to or a water supply system may appeal time by the County Health Officer or to the Regional Director, National his duly authorized representative for Park Service. Such appeal shall be the purpose of ascertaining whether or filed in writing within 20 days after re- not such water supply systems meet ceipt of notice by the applicant or per- the requirements of the State and mittee of the action of the Super- county health laws and ordinances. In intendent. A final decision of the Re- the event any existing system is found gional Director may be similarly ap- by the Health Officer to be substandard pealed to the Director of the National and a hazard to health, the person, cor- Park Service within 15 days after re- poration, or other organization con- ceipt of notice by the applicant or per- trolling the premises served by such mittee of the Regional Director’s deci- system shall have one (1) year after sion. service of a written notice by the Su- perintendent to comply with the re- (5) Permits. Permit to construct or requirements of the State and county construct domestic water facilities or a health laws and ordinances. Such no- sewage disposal system authorized to tice shall describe briefly the defi- be issued by the Superintendent in this ciency as noted by the County Health paragraph shall contain general regu- Officer and shall specify what steps latory provisions as hereinafter set must be taken to achieve conformity forth and may include such special con- with health regulations. In the event ditions as the Superintendent deems the deficiency described by the notice necessary. A permit shall be in a form is not remedied within the period set substantially as follows: forth above, the structures affected by No. lll such deficiency shall be considered unfit for human habitation and shall be UNITED STATES DEPARTMENT OF THE INTERIOR vacated until such deficiency is rem- NATIONAL PARK SERVICE edied and certificate of approval by the PERMIT TO CONSTRUCT, BUILD, OR REBUILD DO- County Health Officer is filed with the MESTIC WATER SYSTEMS AND SEWAGE DIS- Superintendent. POSAL SYSTEMS (3) Inspection. The County Health Of- ficer or his duly authorized representa- Permission is hereby granted lllll of tive shall have the right of inspection lllll to construct, build, or rebuild a for the purpose of ascertaining whether llllllllllllllllll (Specify water system, sewage disposal system) on domestic water supplies and sewage the following described privately owned disposal systems located on privately lands within Yosemite National Park, over owned lands within Yosemite National which the United States exercises exclusive Park meet State and county health jurisdiction standards. Inspection may be made by llllllllllllllllllll sub- the County Health Officer to assure ject to the general provisions and any special that construction of such systems, and conditions stated on the reverse hereof. facilities as may be built, rebuilt, or Issued at llllll this lllllll installed complies with approved plans. day of lllllllll, 19ll. (4) Issuance of permits. Permits for the llllllllllllllllllllllll construction or reconstruction of sew- (Superintendent)

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The undersigned hereby accepts this per- istration fee of $6 will be charged for mit subject to the terms, covenants, obliga- vehicles registered with the super- tions, and reservations, expressed or implied intendent which are not connected therein. 1 llllllllllll with the operation of the park. (m) Trucking. (1) The fees for special Two witnesses to signature(s): 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 Address lllllllllllllllllll capacity of trucks, trailers, or 1 Sign name or names as written in body of semitrailers, as follows: permit; for copartnership, permittees should sign as ‘‘Members of firm’’; for corporation Trucks, less than 1 ton. the officer authorized to execute contracts Trucks of 1 ton and over, but not to exceed etc., should sign, with title, the sufficiency 10 tons. of such signature being attested by the sec- Appropriate automobile permit fee. $5 for retary, with corporate seal, in lieu of wit- each ton or fraction thereof. nesses (i) The fee charged is for one round REVERSE OF PERMIT trip between any two park entrances GENERAL REGULATORY PROVISIONS OF THIS provided such trip is made within one PERMIT 24-hour period; otherwise the fee is for 1. Permittee shall construct, build, or re- a one-way trip. build a domestic water system and/or a sew- (ii) Trucks carrying bona fide park age disposal system in accordance with the visitors and/or their luggage or camp- standards of the Mariposa County Health De- ing equipment may enter the park partment. upon payment of the regular recreation 2. Permittee shall not occupy constructed dwelling or establishment until completion fees. of a bona fide, operational sewage disposal (2) The fee provided in paragraph system. (m)(1) of this section also shall apply to 3. Failure of the permittee to comply with permits which the superintendent may all State and county laws and ordinances ap- issue for trucking through one park en- plicable to domestic water supplies and the disposal of sewage, including household trance to and from privately owned waste, or with the conditions imposed by lands contiguous to the park bound- this permit will be grounds for requiring the aries, except that such fee shall be con- permittee to vacate the dwelling or estab- sidered an annual vehicle fee covering lishment until compliance. the use of park roads between the point 4. Permittee shall take all reasonable precautions to prevent forest fires and shall as- of access to such property and the sist the Superintendent to extinguish forest nearest park exit connecting with a fires within the vicinity of the structure State or county road. herein permitted. 5. This permit may not be transferred or [24 FR 11042, Dec. 30, 1959, as amended at 25 assigned without the consent, in writing, of FR 3124, Apr. 12, 1960; 25 FR 4992, June 7, 1960; the Superintendent. 26 FR 9993, Oct. 25, 1961; 27 FR 2469, Mar. 15, 6. The following special provisions are 1962; 27 FR 8543, Aug. 25, 1962; 29 FR 5887, May made a part of this permit: 5, 1964; 29 FR 7324, June 5, 1964; 31 FR 11454, Aug. 31, 1966; 34 FR 12341, July 26, 1969; 35 FR (k) Skelton Lakes and Delaney Creek 10658. July 1, 1970; 40 FR 25004, June 12, 1975; from its beginning at the outlet of the 48 FR 30294, June 30, 1983; 49 FR 18450, Apr. lower Skelton Lake to its interception 30, 1984; 52 FR 10686, Apr. 2, 1987; 60 FR 55791, with the Tuolumne Meadows—Young Nov. 3, 1995] Lakes Trail, are closed to all public fishing. § 7.17 Cuyahoga Valley National Recre- (l) Motor vehicles driven or moved ation Area. upon a park road must be registered (a) Alcoholic beverages—(1) Possession. and properly display current license The possession or consumption of a plates. Such registration may be with a State or other appropriate authority bottle, can, or other receptacle con- or, in the case of motor vehicles oper- taining an alcoholic beverage which ated exclusively on park roads, with has been opened, a seal broken, or the the superintendent. An annual reg- contents of which have been partially

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removed is prohibited, except in resi- public inspection in the Office of the dences or other areas specifically au- Superintendent and at other conven- thorized by the superintendent as to ient locations within the monument, time and place. canyons or portions thereof which may (2) Definition—Alcoholic beverages. be visited or entered without being so Any liquid beverage containing 1⁄2 of 1 accompanied. percent or more of alcohol by weight. (b) The Superintendent may issue permits to properly qualified persons [47 FR 24299, June 4, 1982] to act as guides for the purpose of accompanying visitors within the can- § 7.18 Hot Springs National Park. yons. (a) Commercial Vehicles. Permits shall be required for the operation of com- [32 FR 13129, Sept. 15, 1967] mercial passenger-carrying vehicles, § 7.20 Fire Island National Seashore. including taxicabs, carrying passengers for hire over park roads for sightseeing (a) Operation of motor vehicles—(1) purposes. The fees for such permits Definitions. The following definitions shall be as follows: shall apply to all provisions of this (1) Fleet operator; equipment that in- paragraph (a): cludes any combination of commercial (i) ‘‘Act’’ means the Act of Sep- passenger-carrying vehicles, including tember 11, 1964 (Pub. L. 88–587, 78 Stat. taxicabs. Calendar-year permit—$25. 928, 16 U.S.C. 459e et seq.), or as the (2) Bus operator; equipment limited same may be amended or supple- to a single bus-type vehicle with pas- mented, which authorizes the estab- senger-carrying seat capacity in excess lishment of the Seashore. (ii) ‘‘Seashore lands’’ means any of eight persons. Calendar-year per- lands or interests in lands owned or mit—$20. hereafter acquired by the United (3) Taxicab operator; equipment lim- States within the authorized bound- ited to a single vehicle with a capacity aries of the Seashore. It shall also of not over eight passenger-carrying mean any lands or interests in lands seats. Calendar-year permit—$12. owned by the United States which are (4) The fees for permits issued for on the island, outside the authorized commercial passenger-carrying vehicle boundaries of the Seashore, and man- operations starting on or after July 1 aged for recreational purposes by the of each calender year will be one-half National Park Service pursuant to an of the respective rates mentioned in agreement with another Federal agen- paragraphs (a)(1), (2), and (3) of this cy. section. (iii) ‘‘Island’’ means the entirety of (b) Use of water. The taking or car- Fire Island, New York; without regard rying away of water, hot or cold, from for property ownership, jurisdiction, or any of the springs, fountains, or other the boundaries of Fire Island National sources of supply in Hot Springs Na- Seashore. tional Park for the purpose of sale, or (iv) ‘‘Mainland’’ means the land of for any use other than personal drink- Long Island, N.Y. ing, is prohibited. (v) ‘‘Motor vehicle’’ means a device [24 FR 11042, Dec. 30, 1959, as amended at 32 which is self-propelled by internal com- FR 15710, Nov. 15, 1967; 48 FR 30294, June 30, bustion or electrical energy and in, 1983] upon, or by which any person or material is or may be transported on land. § 7.19 Canyon de Chelly National (vi) ‘‘Dune crossing’’ means an access Monument. route over a primary dune which has (a) Visitors are prohibited from en- been designated and appropriately tering the canyons of Canyon de Chelly posted. National Monument unless accom- (vii) ‘‘Public utility vehicle’’ means panied by National Park Service em- any motor vehicle operated and owned ployees or by authorized guides: Pro- or leased by a public utility or public vided, however, That the Super- service company franchised or licensed intendent may designate, by marking to supply, on the island, electricity, on a map which shall be available for water, or telephone service, while that

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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, Island for less than 12 months of the commonly referred to as the ‘‘Burma year. Road,’’ for limited travel by public (x) ‘‘Essential service vehicle’’ means utility and law enforcement vehicles any motor vehicle other than a public and fire fighting apparatus. utility vehicle whose use on the Island (iv) Posted dune crossings from the is essential to the continued use of beach to the ‘‘Burma Road’’ or to path- residences on the Island. This may in- ways within the island communities. clude vehicles used for the following (3) Alternative means of transportation. purposes, while in use for such pur- In providing for access to the island, poses: (A) Transporting heating fuel and the Superintendent shall require max- bottled gas. imum possible reliance on those means (B) Sanitation or refuse removal. of transportation which are other than (xi) ‘‘Official vehicle’’ means any private motor vehicles and which have motor vehicle operated and owned or the minimum feasible impact on Sea- leased by a Federal, State, or local gov- shore lands. As used in this paragraph ernmental agency, except for law en- (a), the term ‘‘alternative transpor- forcement vehicles and fire fighting ap- tation’’ shall mean a waterborne con- paratus, while that vehicle is being veyance that is licensed for hire and used to transact the official business of that provides a reasonable means of that agency. transportation between the mainland (xii) ‘‘Construction and business ve- and the island. Such alternative trans- hicle’’ means any motor vehicle other portation shall be deemed to exist for than a public utility vehicle or essen- each particular factual situation in tial service vehicle involved in con- which: struction, maintenance, or repair of (i) The schedule of the transportation structures on the Island or the trans- service in question permits departure portation of materials or supplies to from an island terminal before 9 a.m. retail business establishments on the and departure from a mainland ter- Island. minal after 5 p.m. on the same day; and (2) Routes for motor vehicle travel. No (ii) When the interval between the motor vehicle may be operated on Sea- earliest and latest service provided by shore lands except on routes designated the transportation service in question for that purpose and subject to the lim- on any day exceeds 8 hours, such serv- itations of this paragraph (a). The fol- ice provides at least one round trip be- lowing are the routes for off-road tween the mainland and the island dur- motor vehicle travel on Seashore lands, ing that interval; and which shall be designated on a map (iii) The island transportation ter- available at the office of the Super- minal in question is no more than one intendent or by the posting of signs mile from the point of origin or des- where appropriate: tination on the island or from a point (i) Along the Atlantic Ocean on the on the island to which access by motor south shore of Fire Island, within the vehicle is permitted; and Seashore boundaries between the wa- (iv) The mode of transportation in ter’s edge and 20 feet seaward of the question is adequate to carry the per- beach grass (Ammophila breviligata) son or object to be transported.

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(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 be supplied for that purpose. The fol- equipment on the island rather than lowing will be eligible to submit per- the mainland. mit applications: (7) Vehicle restrictions. Any motor ve- (i) Those persons who are year-round hicle whose owner or operator has been residents. found to qualify for a permit, according (ii) Those persons who held part-time to the standards set forth in para- permits prior to January 1, 1978. graphs (a) (5) and (6), must, prior to the (iii) Those persons, firms, partner- issuance of such permit: ships, corporations, organizations, or (i) Have a valid permit or other au- agencies which provide services essen- thorization for operation on the island tial to public facilities and the occu- issued by the local government agency pancy of residences on the Island. or agencies within whose jurisdiction (iv) Those persons who desire access the travel is to be performed, if such by motor vehicle to Seashore lands in permission or authorization is required order to engage in fishing or hunting by such agency or agencies. thereon, provided such access is com- (ii) Be capable of four-wheel drive op- patible with conservation and preserva- eration. tion of Seashore resources. (iii) Have a rated gross vehicle (v) Those owners of estates in real weight not in excess of 10,000 pounds, property located on the Island who unless the use of a larger vehicle will have a demonstrated need for tem- result in a reduction of overall motor porary access to that property on days vehicle travel. when there is no alternative transpor- (iv) Meet the requirements of tation. § 4.10(c)(3) of this chapter and conform (vi) Holders of reserved rights of use to all applicable State laws regarding and occupancy. licensing, registration, inspection, in- (6) Standards for issuance of permits. surance, and required equipment. Permits will not be issued for the con- (8) Limitations on number of permits. (i) venience of travel on Seashore lands. The Superintendent may limit the The Superintendent shall approve an total number of permits for motor ve- application for a motor vehicle permit hicle travel on Seashore lands, and/or with appropriate limitations and re- limit the number of permits issued for strictions or deny the application, in each category of eligible applicants accordance with the provisions of this listed in paragraph (a)(5) of this section paragraph (a). Permits will be issued as the Superintendent deems necessary only for those motor vehicles whose for resource protection, public safety, travel on Seashore lands is deemed by or visitor enjoyment. In establishing or the Superintendent to be essential to revising such limits, the Super- the management or enjoyment of Sea- intendent shall consider such factors as shore resources, or to the occupancy of the type of use or purpose for which residences or the ownership of real travel is authorized, the availability of property on the island. In making this other means of transportation, limits determination, the Superintendent established by local jurisdictions, his- shall consider the purposes of the Act toric patterns of use, conflicts with in providing for the conservation and other users, existing multiple permits

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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 cording to eligible applicant category, for the Villages of Ocean Beach and are as follows: Saltaire, the Superintendent may ap- (A) Year-round residents. No more portion permits to allow minimal serv- than 145 permits at any time are issued ice needs to each community. to year-round residents. A year-round (E) Construction and business vehicles. resident who is denied a permit because No more than 80 permits at any time the limit has been reached is placed on are issued to construction and business a waiting list. When the number of out- vehicles. An operator of a construction standing permits drops below 145, per- or business vehicle who is denied a permits are issued in order of the date of mit because the limit has been reached receipt of the application. When mul- is placed on a waiting list. When the tiple applications are received on the same day, priority is given to persons number of outstanding permits drops both living and working full time on below 80, permits are issued in order of the Island. One year-round resident the date of receipt of the application. permit is allowed per household. Per- An operator of a construction or busi- mit applications are mailed by the Su- ness vehicle may apply for either a 30- perintendent by December 1 of each day-per-job permit or a one-year letter year to those year-round residents eli- permit. Only a year-round construction gible to renew their permit. The dead- firm or a year-round business is eligi- line for receipt of completed applicable for a one-year letter permit and tions is January 31 of the permit year. only as long as the firm or business re- Applications received after January 31 mains in year-round operation. Not- are not considered as renewals of exist- withstanding possession of either a 30- ing permits. Should the 145 limit be day permit or a one-year letter permit, reached, late applications are placed at when water transportation is available, the end of the waiting list. a firm or business shall accomplish all (B) Part-time residents. Permits are transportation of materials, supplies, issued only to part-time residents who and crews by use of the nearest avail- held a residential permit as of January able ferry, freight, or other overwater 1, 1978. No more than 100 part-time transportation method. When water resident permits are issued. A part- transportation is available, vehicles time resident who becomes a year- permitted under a 30-day permit may round resident is eligible to apply for a remain at the job site but must be re- year-round resident permit in accord- moved upon the completion of the job. ance with paragraph (a)(8)(ii)(A) of this (F) Municipal employees. A year-round section. A year-round resident permit resident who is a full-time employee of holder as of January 1, 1978, who no one of the two villages or of one of the longer qualifies as a year-round resi- 15 unincorporated communities identi- dent, may be eligible to obtain a part- fied in the Act is eligible for a permit time resident permit as long as the 100 if such employment necessitates year- limit is not exceeded and the part-time round Island residence. Five (5) munic- resident definition is satisfied. ipal employee permits are available for (C) Holders of reserved rights of use and each village or community except on occupancy. A holder of a reserved right the basis of documented community of use and occupancy, or a lessee there- need.

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(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. (9) Permit limitations. (i) No permit (ii) Except as provided in paragraph issued under these regulations shall be (a)(10)(iii) of this section, on any day valid for more than one year. The superintendent may issue permits for on which travel by motor vehicle is au- lesser periods, as appropriate for the thorized due to a lack of alternative travel required or the time of year at transportation, travel shall be limited which a permit is issued. to not more than one round trip per ve- (ii) Permits for public utility, serv- hicle per day between the mainland ice, and official vehicles shall specify and the Island, and may be performed the number of vehicles and identify at any time except the following peri- each vehicle whose use is authorized ods: thereby. Permits for other motor vehi- (A) From 9 a.m. to 6 p.m. on all Sat- cles will apply only to the single, spe- urdays, Sundays, and national holidays cific vehicle for which issued. from May 1 through June 13 and from (iii) Permits are not transferable to September 15 through October 31. another motor vehicle or to a new (B) From 9 a.m. to 6 p.m. on all week- owner or lessee of the vehicle for which days, and from 6 p.m. Friday to 9 a.m. issued. the following Monday on all weekends, (iv) Permits may specify a single or from June 14 through September 14. multiple uses or purposes for which (iii) Exceptions. (A) From the Monday travel on Seashore lands is permitted. after Labor Day through the Friday be- The limitations and restrictions on au- fore Memorial Day, a year-round resi- thorized travel set forth in paragraph dent may make no more than two (a)(10) of this section shall apply, how- round trips per day for residential pur- ever, depending upon the specific use or poses. purpose for which a permitted motor (B) The Seashore is closed to all rec- vehicle is being utilized at the time of reational vehicles from January 1 travel. through March 31 and from June 14 (v) Permits may contain such other through September 14. During the peri- limitations or conditions as the Super- ods when the Seashore is open for rec- intendent deems necessary for resource reational vehicle traffic, an operator of protection, public safety, or visitor en- a recreational vehicle may make no joyment. Limitations may include, but more than two round trips per day. On will not be limited to, restrictions on weekend days in September and Octo- locations where vehicle travel is au- ber, a recreational vehicle may enter thorized and times, dates, or frequency the Island until 9:00 a.m. A rec- of travel, in accordance with the provi- reational vehicle that has entered the sions of this paragraph (a). Island may then remain or may depart (10) Authorized travel. (i) Except as but may not re-enter the Island until specifically provided elsewhere in this after 6:00 p.m. paragraph (a)(10), travel across Sea- (iv) The Superintendent may, for sit- shore lands by motor vehicles with uations where the restrictions in para- valid permits will be authorized only graph (a)(10)(ii) would create a severe on those days in which the island loca- hardship, authorize additional trips or tion, which is the point of origin or travel at other hours.

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(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. thorized only pursuant to the terms (12) Violations. (i) Failure to comply and conditions of a permit issued by with the conditions of any permit the Superintendent on a case by case issued pursuant to this paragraph will basis. constitute a violation of these regula- (vii) In an emergency involving the tions. protection of life or a threatened sub- (ii) In addition to any penalty re- stantial loss of property, travel by a quired by § 1.3(a) of this chapter for a motor vehicle which is under permit is violation of regulations in this para- authorized at any time. graph, the Superintendent may sus- (viii) The Superintendent may suspend or revoke the permit of a motor pend any travel by motor vehicle oth- vehicle involved in such a violation. erwise permitted under this paragraph (b) Operation of Seaplane and Amphib- (a) when in his judgment such travel is ious Aircraft. (1) Aircraft may be oper- inconsistent with the purpose of the ated on the waters of the Great South Act or when such factors as weather, Bay and the Atlantic Ocean within the tides, or other physical conditions boundaries of Fire Island National Sea- render travel hazardous or would en- shore, except as restricted in § 2.17 of danger Seashore resources. Such sus- this chapter and by the provisions of pension of travel shall be announced by paragraph (b)(2) of this section. the posting of appropriate signs or (2) Except as provided in paragraph verbal order of the Superintendent. (b)(3) of this section, the waters of the (ix) In accordance with the proce- Great South Bay and the Atlantic dures set forth in § 1.5 of this chapter, Ocean within the boundaries of Fire Is- the Superintendent may establish a land National Seashore are closed to limit on the number of motor vehicles take-offs, landings, beachings, ap- permitted on any portion of, or the en- proaches or other aircraft operations tirety of, the Seashore lands at any one at the following locations: time when such limits are required in (i) Within 1000 feet of any shoreline, the interests of public safety, protec- including islands. tion of the resources of the area, or co- (ii) Within 1000 feet of lands within ordination with other visitor uses. the boundaries of the incorporated vil- (x) The provisions of this paragraph lages of Ocean Beach and Saltaire and (a)(10) shall not apply to firefighting the village of Seaview. apparatus or to motor vehicles oper- (3) Aircraft may taxi on routes per- ated and owned or leased by a duly con- pendicular to the shoreline to and from stituted law enforcement agency hav- docking facilities at the following loca- ing jurisdiction within the Seashore. tions: (11) Rules of travel. (i) When two (i) Kismet—located at approximate motor vehicles approach from opposite longitude 73° 121⁄2′ and approximate directions in the same track on Sea- latitude 40° 381⁄2′. shore lands, both operators shall re- (ii) Lonelyville—located at approxi- duce speed and the operator with the mate longitude 73° 11′ and approximate water to his left shall yield the right of latitude 40° 381⁄2′.

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(iii) Atlantique—located at approxi- rounding East Fire Island and West mate longitude 73° 101⁄2′ and approxi- Fire Island. mate latitude 40° 381⁄2′. (ii) Navigation channels marked by (iv) Fire Island Pines—located at ap- buoys or identified on the NOAA navi- proximate longitude 73° 041⁄2′ and ap- gational chart (12352) to include access proximate latitude 40° 40′. channels to and from Fair Harbor, (v) Water Island—located at approxi- Dunewood, Lonelyville, Atlantique, mate longitude 73° 02′ and approximate Cherry Grove, Fire Island Pines, Davis latitude 40° 401⁄2′. Park, Moriches Inlet, Kismet, Saltaire, (vi) Davis Park—located at approxi- Ocean Beach, Ocean Bay Park, Point mate longitude 73° 001⁄2′ and approxi- O’Woods, Oakleyville, and Water Is- mate latitude 40° 41′. land. (4) Aircraft operation in the vicinity (iii) The Long Island Intracoastal of marinas, boats, boat docks, floats, Waterway within the park boundaries. piers, ramps, bird nesting areas, or (iv) At ‘‘flat wake’’ speeds (maximum bathing beaches must be performed 6 mph) within designated marked chan- with due caution and regard for per- nels to access town/community docks sons and property and in accordance and harbors/marinas. with any posted signs or uniform wa- (2) The Superintendent may tempo- terway markers. rarily limit, restrict or terminate ac- (5) Aircraft are prohibited from land- cess to the areas designated for PWC ing or taking off from any land sur- use after taking into consideration faces, any estuary, lagoon, marsh, public health and safety, natural and pond, tidal flat, paved surface, or any cultural resource protection, and other waters temporarily covering a beach; management activities and objectives. except with prior authorization of the [42 FR 62483, Dec. 13, 1977, as amended at 44 Superintendent. Permission shall be FR 44493, July 30, 1979; 47 FR 11011, Mar. 15, based on the need for emergency serv- 1982; 50 FR 24511, June 11, 1985; 52 FR 7376, ice, resource protection, resource man- 7377, Mar. 10, 1987; 52 FR 10686, Apr. 2, 1987; 70 agement or law enforcement. FR 38767, July 6, 2005] (6) Aircraft operations shall comply with all Federal, State and county or- § 7.21 John D. Rockefeller, Jr. Memo- dinances and rules for operations as rial Parkway. may be indicated in available naviga- (a)(1) What is the scope of this regulation charts or other aids to aviation tion? The regulations contained in which are available for the Fire Island paragraphs (a)(2) through (a)(17) of this area. section are intended to apply to the use (c) Information collection. The infor- of recreational and commercial snow- mation collection requirements con- mobiles. Except where indicated, para- tained in this section have been ap- graphs (a)(2) through (a)(17) do not proved by the Office of Management apply to non-administrative snow- and Budget under 44 U.S.C. 3501 et seq. mobile or snowcoach use by NPS, con- and assigned clearance number 1024– tractor or concessioner employees who 0026. This information is being col- live or work in the interior of Yellow- lected in order for the superintendent stone, or other non-recreational users to issue permits and grant administra- authorized by the Superintendent. tive benefits. The obligation to respond (2) What terms do I need to know? All is required in order to obtain a benefit. the terms in § 7.13(l)(2) of this part (d) Personal watercraft. (1) Personal apply to this section. This paragraph watercraft (PWC) may operate in the also applies to non-administrative following locations and under the fol- snowmobile use by NPS, contractor or lowing conditions: concessioner employees, or other non- (i) Great South Bay from the western recreational users authorized by the boundary of the national seashore adja- Superintendent. cent to Robert Moses State Park, east (3) May I operate a snowmobile in the to the western boundary of the Sunken Parkway? (i) You may operate a snow- Forest, excluding any area within 1,000 mobile in the Parkway in compliance feet of the shoreline, except as pro- with use limits, guiding requirements, vided in (ii), including the area sur- operating hours and dates, equipment,

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and operating conditions established Parkway. The Superintendent will ap- pursuant to this section. The Super- prove snowmobile makes, models and intendent may establish additional op- year of manufacture that meet those erating conditions and shall provide restrictions. Any snowmobile model notice of those conditions in accord- not approved by the superintendent ance with § 1.7(a) of this chapter or in may not be operated in the Parkway. the FEDERAL REGISTER. (6) How will the Superintendent ap- (ii) The authority to operate a snow- prove snowmobile makes, models, and mobile in the Parkway established in year of manufacture for use in the Park- paragraph (a)(3)(i) is in effect only way? (i) Beginning with the 2005 model through the winter season 2006–2007. year, all snowmobiles must be certified (4) May I operate a snowcoach in the under 40 CFR part 1051, to a Family Parkway? (i) Commercial snowcoaches Emission Limit no greater than 15 g/ may be operated in the Parkway under kW-hr for hydrocarbons and to a Fam- a concessions contract. Non-commer- ily Emission Limit no greater than 120 cial snowcoaches may be operated if g/kW-hr for carbon monoxide. authorized by the Superintendent. (A) 2004 model year snowmobiles may Snowcoach operation is subject to the use measured air emissions levels (offi- conditions stated in the concessions cial emission results with no deteriora- contract and all other conditions iden- tion factors applied) to comply with tified in this section. the air emission limits specified in (ii) Beginning with the winter of paragraph (a)(6)(i) of this section. 2005–2006, all non-historic snowcoaches (B) Snowmobiles manufactured prior must meet NPS air emissions require- to the 2004 model year may be operated ments. These requirements are the ap- only if they have shown to have air plicable EPA emission standards for emissions no greater than the restric- the vehicle at the time it was manufac- tions identified in paragraph (a)(6)(i) of tured. this section. (iii) All critical emission-related ex- haust components (as defined in 40 CFR (C) The snowmobile test procedures 86.004–25(b)(3)(iii) through (v)) must be specified by EPA (40 CFR parts 1051 and functioning properly. Malfunctioning 1065) shall be used to measure air emis- critical emission-related components sions from model year 2004 and later must be replaced with the original snowmobiles. Equivalent procedures equipment manufacturer (OEM) com- may be used for earlier model years. ponent, where possible. Where OEM (ii) For sound emissions snowmobiles parts are not available, after-market must operate at or below 73dB(A) as parts may be used. measured at full throttle using test (iv) Modifying or disabling a procedures similar to Society of Auto- snowcoach’s original pollution control motive Engineers J192 test procedures equipment is prohibited except for (revised 1985). Snowmobiles may be maintenance purposes. tested at any barometric pressure (v) Individual snowcoaches may be equal to or above 23.4 inches Hg uncor- subject to periodic inspections to de- rected. termine compliance with the require- (iii) These air and sound emissions ments of paragraphs (a)(4)(ii) through restrictions shall not apply to snowmo- (a)(4)(iv) of this section. biles originating in the Targhee Na- (vi) Historic snowcoaches are not re- tional Forest and traveling on the quired to meet air emissions restric- Grassy Lake Road to Flagg Ranch. tions. However these snowmobiles may not (vii) The authority to operate a travel further into the Parkway than snowcoach in the Parkway established Flagg Ranch unless they meet the air in paragraph (a)(4)(i) is in effect only and sound emissions and all other re- through the winter season of 2006–2007. quirements of this section. (5) Must I operate a certain model of (iv) The Superintendent may prohibit snowmobile? Only commercially avail- entry into the Parkway of any snow- able snowmobiles that meet NPS air mobile that has been modified in a and sound requirements as set forth in manner that may adversely affect air this section may be operated in the or sound emissions.

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(7) Where must I operate my snowmobile NPS, contractor or concessioner em- in the Parkway? (i) You must operate ployees, or other non-recreational your snowmobile only upon designated users authorized by the Super- oversnow routes established within the intendent. Parkway in accordance with § 2.18(c) of (9) Must I travel with a commercial this chapter. The following oversnow guide while snowmobiling in the Park- routes are so designated for snow- way, and what other guiding require- mobile use through the winter season ments apply? All recreational snow- of 2006–2007: mobile operators using the oversnow (A) The Continental Divide Snow- route along U.S. Highway 89/287 from mobile Trail (CDST) along U.S. High- Flagg Ranch to the northern boundary way 89/287 from the southern boundary of the parkway must be accompanied of the Parkway north to the Snake by a commercial guide. A guide is not River Bridge. required in other portions of the Park- (B) Along U.S. Highway 89/287 from way. the Snake River Bridge to the northern (i) Guided snowmobile parties must boundary of the Parkway. travel in a group of no more than 11 (C) Grassy Lake Road from Flagg snowmobiles, including that of the Ranch to the western boundary of the guide. Parkway. (ii) Guided snowmobile parties must (D) Flagg Ranch developed area. travel together within a maximum of (ii) The Superintendent may open or one-third mile of the first snowmobile close these routes, or portions thereof, in the group. for snowmobile travel after taking into (10) Are there limits established for the consideration the location of wintering numbers of snowmobiles permitted to oper- wildlife, appropriate snow cover, public ate in the Parkway each day? (i) The safety and other factors. Notice of such numbers of snowmobiles allowed to op- opening or closing shall be provided by erate in the Parkway each day is lim- one or more of the methods listed in ited to a certain number per road seg- § 1.7(a) of this chapter. ment. The limits are listed in the fol- (iii) This paragraph also applies to lowing table: non-administrative snowmobile use by TABLE 1 TO § 7.21—DAILY SNOWMOBILE ENTRY NPS, contractor or concessioner em- LIMITS ployees, or other non-recreational users authorized by the Super- Total number intendent. of snow- (iv) Maps detailing the designated Park entrance/road segment mobile entrance oversnow routes will be available from passes Park Headquarters. (8) What routes are designated for (ii) GTNP and the Parkway—Total Use on CDST * ...... 50 snowcoach use? (i) Authorized (iii) Grassy Lake Road (Flagg-Ashton Road) ...... 50 snowcoaches may only be operated (iv) Flagg Ranch to Yellowstone South Entrance 220 through the winter season of 2006–2007 * The Continental Divide Snowmobile Trail lies within both on the route designated for snowmobile GTNP and the Parkway. The 50 daily snowmobile use limit use in paragraph (a)(7)(i)(B) of this sec- applies to total use on this trail in both parks. tion. No other routes are open to (11) When may I operate my snowmobile snowcoach use. or snowcoach? The Superintendent will (ii) The Superintendent may open or determine operating hours and dates. close this oversnow route, or portions Except for emergency situations, thereof, or designate new routes for changes to operating hours may be snowcoach travel after taking into con- made annually and the public will be sideration the location of wintering notified of those changes through one wildlife, appropriate snow cover, public or more of the methods listed in § 1.7(a) safety, and other factors. Notice of of this chapter. such opening or closing shall be pro- (12) What other conditions apply to the vided by one or more of the methods operation of oversnow vehicles? (i) The listed in § 1.7(a) of this chapter. following are prohibited: (iii) This paragraph also applies to (A) Idling an oversnow vehicle more non-administrative snowcoach use by than 5 minutes at any one time.

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(B) Driving an oversnow vehicle (13) What conditions apply to alcohol while the operator’s motor vehicle li- use while operating an oversnow vehicle? cense or privilege is suspended or re- In addition to the regulations in 36 voked. CFR 4.23, the following conditions (C) Allowing or permitting an unli- apply: censed driver to operate an oversnow (i) Operating or being in actual phys- vehicle. ical control of an oversnow vehicle is (D) Driving an oversnow vehicle in prohibited when the driver is under 21 willful or wanton disregard for the years of age and the alcohol concentra- safety of persons, property, or parkway tion in the driver’s blood or breath is resources or otherwise in a reckless 0.02 grams or more of alcohol per 100 manner. milliliters of blood or 0.02 grams or (E) Operating an oversnow vehicle more of alcohol per 210 liters of breath. without a lighted white headlamp and (ii) Operating or being in actual red taillight. physical control of an oversnow vehicle (F) Operating an oversnow vehicle is prohibited when the driver is a snow- that does not have brakes in good mobile guide or a snowcoach driver and working order. the alcohol concentration in the opera- (G) The towing of persons on skis, tor’s blood or breath is 0.04 grams or sleds or other sliding devices by more of alcohol per 100 milliliters of oversnow vehicles, except in emer- blood or 0.04 grams or more of alcohol gency situations. per 210 liters of breath. (ii) The following are required: (iii) This paragraph also applies to (A) All oversnow vehicles that stop non-administrative snowmobiles use by on designated routes must pull over to NPS, contractor or concessioner em- the far right and next to the snow ployees, or other non-recreational berm. Pullouts must be utilized where users authorized by the Super- available and accessible. Oversnow ve- intendent. hicles may not be stopped in a hazardous location or where the view (14) Do other NPS regulations apply to might be obscured, or operating so the use of oversnow vehicles? (i) The use slowly as to interfere with the normal of oversnow vehicles is not subject to flow of traffic. §§ 2.18(d), (e), and 2.19(b) of this chapter. (B) Oversnow vehicle drivers must (ii) This paragraph also applies to possess a valid motor vehicle opera- non-administrative snowmobile use by tor’s license. The license must be car- NPS, contractor or concessioner em- ried by the driver at all times. A learn- ployees, or other non-recreational er’s permit does not satisfy this re- users as authorized by the Super- quirement. intendent. (C) Equipment sleds towed by a snow- (15) Are there any forms of non-motor- mobile must be pulled behind the snow- ized oversnow transportation allowed in mobile and fastened to the snowmobile the parkway? (i) Non-motorized travel with a rigid hitching mechanism. consisting of skiing, skating, (D) Snowmobiles must be properly snowshoeing, or walking is permitted registered and display a valid registra- unless otherwise restricted pursuant to tion from the United States or Canada. this section or other provisions of 36 (iii) The Superintendent may impose CFR part 1. other terms and conditions as nec- (ii) The Superintendent may des- essary to protect parkway resources, ignate areas of the Parkway as closed, visitors, or employees. The public will reopen such areas, or establish terms be notified of any changes through one and conditions for non-motorized trav- or more methods listed in § 1.7(a) of el within the Parkway in order to pro- this chapter. tect visitors, employees, or park re- (iv) This paragraph also applies to sources. non-administrative snowmobile use by (iii) Dog sledding and ski-joring are NPS, contractor or concessioner em- prohibited. ployees, or other non-recreational (16) May I operate a snowplane in the users authorized by the Super- Parkway? The operation of a snowplane intendent. in the Parkway is prohibited.

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(17) Is violating any of the provisions of and subject to the following provisions this section prohibited? Violating any of of tenure: the terms, conditions or requirements (i) Grazing privileges appurtenant to of paragraphs (a)(1) through (a)(16) of privately owned lands located within this section is prohibited. Each occur- the park shall not be withdrawn until rence of non-compliance with these title to the lands to which such privi- regulations is a separate violation. leges are appurtenant shall have vested (b) [Reserved] in the United States except for failure [48 FR 19169, Apr. 28, 1983, as amended at 48 to comply with the regulations applica- FR 30294, June 30, 1983; 66 FR 7266, Jan. 22, ble thereto after reasonable notice of 2001; 67 FR 69477, Nov. 18, 2002; 68 FR 69285, default. Dec. 11, 2003; 69 FR 65362, Nov. 10, 2004] (ii) Grazing privileges appurtenant to privately owned lands located outside § 7.22 Grand Teton National Park. the park shall not be withdrawn for a (a) Aircraft—Designated airstrip. (1) period of twenty-five years after Sep- Jackson Airport, located in SE1⁄4SE1⁄4 tember 14, 1950, and thereafter shall sec. 10, SE1⁄4 and S1⁄2SW1⁄4 sec. 11, S1⁄2 continue during the lifetime of the and NW1⁄4 sec. 14, NW1⁄4NE1⁄4 and E1⁄2 original permittee and his heirs if they NE1⁄4 sec. 15, T. 42 N., R. 116 W., 6th were members of his immediate family Principal Meridian. as described herein, except for failure (2) [Reserved] to comply with the regulations applica- (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. (3) Bait: The use or possession of fish the park. Such interpretation excludes eggs or fish for bait is prohibited, ex- mature children who, as of that date, cept it shall be permissible to possess were established in their own house- or use the following dead, nongame fish holds and were not directly dependent for bait on or along the shores of Jack- upon the base lands and appurtenant son Lake: Redside shiner, speckled grazing recognized by the National dace, longnose dace, piute sculpin, Park Service. mottled sculpin, Utah chub, Utah suck- (iv) If title to base lands lying outer, bluehead sucker, and mountain side the park is conveyed, or such base sucker. Authorized marine bait dealers lands are leased to someone other than at Jackson Lake may retain live bait a member of the immediate family of fish in containers: Provided, That such the permittee as of September 14, 1950, fish have been taken from Jackson the grazing preference shall be recog- Lake or waters draining into Jackson nized only for a period of twenty-five Lake: And provided further, That such years from September 14, 1950. bait fish are dead when sold. (v) If title to a portion or part of the (c) Stock grazing. (1) Privileges for the base land either outside or inside the grazing of domestic livestock based on park is conveyed or such base lands are authorized use of certain areas at the leased, the new owner or lessee will 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

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will automatically convey all grazing (7) The Superintendent may accept a privileges appurtenant thereto. written relinquishment or waiver of (vi) Grazing privileges which are ap- any privileges; however, no such relin- purtenant to base lands located either quishment or waiver will be effective inside or outside the park shall not be without the written consent of the conveyed separately therefrom. owner or owners of the base lands. (2) Where no reasonable ingress or (8) Permits. Terms and conditions. egress is available to permittees or The issuance and continued effective- nonpermittees who must cross Park ness of all permits will be subject, in lands to reach grazing allotments on addition to mandatory provisions re- non-Federal lands within the exterior quired by Executive Order or law, to boundary of the Park or adjacent the following terms and conditions: thereto, the Superintendent will grant, (i) The permittee and his employees upon request a temporary nonfee an- shall use all possible care in preventing nual permit to herd stock on a des- forest and range fires, and shall assist ignated driveway which shall specify in the extinguishing of forest and range the time to be consumed in each single fires on, or within, the vicinity of the drive. The breach of any of the terms land described in the permit, as well as or conditions of the permit shall be in the preservation of good order with- grounds for termination, suspension, or in the boundaries of the park. reduction of these privileges. (ii) The Superintendent may require (3) Grazing preferences are based on the permittee before driving livestock actual use during the period March 15, to or from the grazing allotment to 1938 through September 14, 1950 and no gather his livestock at a designated increase in the number of animals or time and place for the purpose of animal unit months will be allowed on counting the same. Federal lands in the park. (iii) Stock will be allowed to graze (4)(i) A permittee whose grazing only on the allotment designated in privilege is appurtenant to privately the permit. owned lands within the park will be (iv) The permittee shall file with the granted total nonuse or reduced bene- Superintendent a copy of his stock fits for one or more years without nul- brand or other mark. lifying his privilege in subsequent (v) The permittee shall, upon notice years. from the Superintendent that the al- (ii) A permittee whose privilege is ap- lotment designated in the permit is not purtenant to base lands outside the ready to be grazed at the beginning of park may be granted total nonuse on a the designated grazing season, place no year to year basis not to exceed three livestock on the allotment for such a consecutive years. Total nonuse be- period as may be determined by the Su- yond this time may be granted if neces- perintendent as necessary to avoid sitated for reasons clearly outside the damage to the range. All, or a portion control of the permittee. Total unau- of the livestock shall be removed from thorized nonuse beyond three consecu- the area before the expiration of the tive years will result in the termi- designated grazing season if the Super- nation and loss of all grazing privi- intendent determines further grazing leges. would be detrimental to the range. The (iii) Whenever partial or total non- number of stock and the grazing period use is desired, an application must be may be adjusted by the Superintendent made in writing to the Superintendent. at any time when such action is (5) Grazing fees shall be the same as deemed necessary for the protection of those approved for the Teton National the range. Forest and will be adjusted accord- (vi) No permit shall be issued or re- ingly. newed until payment of all fees and (6) Permittees or nonpermittees who other amounts due the National Park have stock on Federal lands within the Service has been made. Fees for per- park at any time or place, when or mits are due the National Park Service where herding or grazing is unauthor- and must be paid at least 15 days in ad- ized may be assessed fifty cents per day vance of the grazing period. No permit per animal as damages. shall be effective to authorize grazing

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use thereunder until all fees and other eral rules and regulations and the spe- amounts due the National Park Service cial rules and regulations of the Na- have been paid. A pro rata adjustment tional Park Service or of any other of fees will be made in the event of re- provisions of said rules and regulations duction of grazing privileges granted in applicable to stock grazing. the permit, except that not more than (d) Camping. (1) No person, party, or 50 percent of the total annual grazing organization shall be permitted to fee will be refunded in the event re- camp more than 30 days in a calendar duced grazing benefits are taken at the year in designated sites within the election of the permittee after his Park. stock are on the range. (2) Except in group campsites and (vii) No building or other structure backcountry sites, camping is limited shall be erected nor shall physical im- to six persons to a site. provements of any kind be established (3) Registration is required for camp- under the permit except upon plans and ing at the Jenny Lake Campground; specifications approved by the Na- camping in this campground shall not tional Park Service. Any such facili- exceed 10 days in any calendar year. ties, structures, or buildings may be re- (e) Vessels. (1) Motorboats are prohib- moved or disposed of to a successor ited except on Jackson, Jenny, and 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- regulations of the State of Wyoming scribe additional terms and conditions shall govern elk management as asso- to meet individual cases. ciated with formal reduction programs. (9) The breach of any of the terms or Such Wyoming laws and regulations conditions of the permit shall be which are now or will hereafter be in grounds for termination, suspension, or effect are hereby incorporated by ref- reduction of grazing privileges. erence as a part of the regulations in (10) Appeals from the decision of the this part. Superintendent to the Regional Direc- (g)(1) What is the scope of this regula- tor and from the Regional Director to tion? The regulations contained in the Director shall be made in accord- paragraphs (g)(2) through (g)(20) of this ance with the National Park Service section are intended to apply to the use Order No. 14, as amended (19 FR 8824) of recreational and commercial snow- and Regional Director, Order No. 3, as mobiles. Except where indicated, para- amended (21 FR 1494). graphs (g)(2) through (g)(20) do not (11) Nothing in these regulations apply to non-administrative snow- shall be construed as to prevent the en- mobile or snowcoach use by NPS, con- forcement of the provisions of the gen- tractor or concessioner employees who

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live or work in the interior of Yellow- (A) 2004 model year snowmobiles may stone, or other non-recreational users use measured air emissions levels (offi- authorized by the Superintendent cial emission results with no deteriora- (2) What terms do I need to know? All tion factors applied) to comply with the terms in § 7.13(l)(1) of this part the air emission limits specified in apply to this section. This paragraph paragraph (g)(6)(i) of this section. also applies to non-administrative (B) Snowmobiles manufactured prior snowmobile use by NPS, contractor or to the 2004 model year may be operated concessioner employees, or other non- only if they have shown to have air recreational users authorized by the emissions no greater than the require- Superintendent. ments identified in paragraph (g)(6)(i) (3) May I operate a snowmobile in the of this section. Grand Teton National Park? (i) You may (C) The snowmobile test procedures operate a snowmobile in Grand Teton specified by EPA (40 CFR parts 1051 and National Park in compliance with use 1065) shall be used to measure air emis- limits, operating hours and dates, sions from model year 2004 and later equipment, and operating conditions snowmobiles. Equivalent procedures established pursuant to this section. may be used for earlier model years. The Superintendent may establish ad- (ii) For sound emissions snowmobiles ditional operating conditions and pro- must operate at or below 73dB(A) as vide notice of those conditions in ac- measured at full throttle using proce- cordance with § 1.7(a) of this chapter or dures similar to Society of Automotive in the FEDERAL REGISTER. Engineers J192 test procedures (revised (ii) The authority to operate a snow- 1985). Snowmobiles may be tested at mobile in Grand Teton National Park any barometric pressure equal to or established in paragraph (g)(3)(i) is in above 23.4 inches Hg uncorrected. effect only through the winter season (iii) These air and sound emissions of 2006–2007, except for the routes des- requirements shall not apply to snow- ignated in paragraphs (g)(16) and (18) of mobiles while in use to access lands au- this section, for which it will remain in thorized by paragraphs (g)(16) and effect. (g)(18) of this section. (4) May I operate a snowcoach in (iv) The Superintendent may prohibit Grand Teton National Park? It is prohib- entry into the park of any snowmobile ited to operate a snowcoach in Grand that has been modified in a manner Teton National Park except as author- that may adversely affect air or sound ized by the superintendent. emissions. (5) Must I operate a certain model of (7) Where must I operate my snowmobile snowmobile in the park? Only commer- in the park? (i) You must operate your cially available snowmobiles that meet snowmobile only upon designated NPS air and sound emissions require- oversnow routes established within the ments as set forth in this section may park in accordance with § 2.18(c) of this be operated in the park. The Super- chapter. The following oversnow routes intendent will approve snowmobile are so designated for snowmobile use makes, models, and year of manufac- through the winter season 2006–2007: ture that meet those requirements. (A) The frozen water surface of Jack- Any snowmobile model not approved son Lake for the purposes of ice fishing by the Superintendent may not be op- only. Those persons accessing Jackson erated in the park. Lake for ice fishing must possess a (6) How will the Superintendent ap- valid Wyoming fishing license and the prove snowmobile makes, models, and proper fishing gear. Snowmobiles may year of manufacture for use in Grand only be used to travel to and from fish- Teton? (i) Beginning with the 2005 ing locations on the lake. model year, all snowmobiles must be (B) The Continental Divide Snow- certified under 40 CFR part 1051, to a mobile Trail along U.S. 26/287 from Family Emission Limit no greater Moran Junction to the eastern park than 15 g/kW-hr for hydrocarbons and boundary and along U.S. 89/287 from to a Family Emission Limit no greater Moran Junction to the north park than 120 g/kW-hr for carbon monoxide. boundary.

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(ii) The Superintendent may open or (A) Idling an oversnow vehicle more close these routes, or portions thereof, than 5 minutes at any one time. for snowmobile travel, and may estab- (B) Driving an oversnow vehicle lish separate zones for motorized and while the operator’s motor vehicle li- non-motorized use on Jackson Lake, cense or privilege is suspended or re- after taking into consideration the lo- voked. cation of wintering wildlife, appro- (C) Allowing or permitting an unli- priate snow cover, public safety and censed driver to operate an oversnow other factors. Notice of such opening or vehicle. closing shall be provided by one or (D) Driving an oversnow vehicle in more of the methods listed in § 1.7(a) of willful or wanton disregard for the this chapter. safety of persons, property, or park re- (iii) This paragraph also applies to sources or otherwise in a reckless man- non-administrative snowmobile use by ner. NPS, contractor or concessioner em- (E) Operating an oversnow vehicle ployees, or other non-recreational without a lighted white headlamp and users authorized by the Super- red taillight. intendent. (F) Operating an oversnow vehicle (iv) Maps detailing the designated that does not have brakes in good oversnow routes will be available from working order. Park Headquarters. (G) The towing of persons on skis, (8) Must I travel with a commercial sleds or other sliding devices by guide while snowmobiling in Grand Teton oversnow vehicles. National Park? You are not required to (ii) The following are required: use a guide while snowmobiling in (A) All oversnow vehicles that stop Grand Teton National Park. on designated routes must pull over to (9) Are there limits established for the the far right and next to the snow numbers of snowmobiles permitted to oper- berm. Pullouts must be utilized where ate in the park each day? The numbers available and accessible. Oversnow ve- of snowmobiles allowed to operate in hicles may not be stopped in a haz- the park each day are limited to a cer- ardous location or where the view tain number per road segment or loca- might be obscured, or operating so tion. The snowmobile limits are listed slowly as to interfere with the normal in the following table: flow of traffic. (B) Oversnow vehicle drivers must TABLE 1 TO § 7.22—DAILY SNOWMOBILE LIMITS possess a valid motor vehicle opera- Total tor’s license. The license must be car- number ried by the driver at all times. A learn- Road segment/location of snowmobiles er’s permit does not satisfy this requirement. (i) GTNP and the Parkway—Total Use on CDST* 50 (C) Equipment sleds towed by a snow- (ii) Jackson Lake ...... 40 mobile must be pulled behind the snow- * The Continental Divide Snowmobile Trail lies within both mobile and fastened to the snowmobile GTNP and the Parkway. The 50 daily snowmobile use limit applies to total use on this route in both parks; however the with a rigid hitching mechanism. limit does not apply to the portion described in paragraph (D) Snowmobiles must be properly (16)(ii) of this section. registered and display a valid registra- (10) When may I operate my snow- tion from the United States or Canada. mobile? The Superintendent will deter- (iii) The Superintendent may impose mine operating hours and dates. Except other terms and conditions as nec- for emergency situations, changes to essary to protect park resources, visi- operating hours or dates may be made tors, or employees. The public will be annually and the public will be notified notified of any changes through one or of those changes through one or more more methods listed in § 1.7(a) of this of the methods listed in § 1.7(a) of this chapter. chapter. (iv) This paragraph also applies to (11) What other conditions apply to the non-administrative snowmobile use by operation of oversnow vehicles? (i) The NPS, contractor or concessioner em- following are prohibited: ployees, or other non-recreational

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users authorized by the Super- routes through the park. Requirements intendent. established in this section related to (12) What conditions apply to alcohol air and sound emissions, snowmobile use while operating an oversnow vehicle? operator age, guiding, and licensing do In addition to the regulations in 36 not apply on these oversnow routes. CFR 4.23, the following conditions The following routes only are des- apply: ignated for access via snowmobile to (i) Operating or being in actual phys- public lands: ical control of an oversnow vehicle is (i) From the parking area at Shadow prohibited when the driver is under 21 Mountain directly along the unplowed years of age and the alcohol concentra- portion of the road to the east park tion in the driver’s blood or breath is boundary. 0.02 grams or more of alcohol per 100 (ii) Along the unplowed portion of milliliters or blood or 0.02 grams or the Ditch Creek Road directly to the more of alcohol per 210 liters of breath. east park boundary. (ii) Operating or being in actual (iii) The Continental Divide Snow- physical control of an oversnow vehicle mobile Trail, from the east park is prohibited when the driver is a snow- boundary to Moran Junction. mobile guide or a snow coach operator (17) For what purpose may I use the and the alcohol concentration in the routes designated in paragraph (g)(16) of driver’s blood or breath is 0.04 grams or this section? You may use those routes more of alcohol per 100 milliliters of designated in paragraph (g)(16) of this blood or 0.04 grams or more of alcohol section only to gain direct access to per 210 liters of breath. public lands adjacent to the park (iii) This paragraph also applies to boundary. non-administrative snowmobile use by (18) May I continue to access private NPS, contractor or concessioner em- property within or adjacent to the park ployees, or other non-recreational via snowmobile? Until such time as the users authorized by the Super- United States takes full possession of intendent. an inholding in the park, the Super- (13) Do other NPS regulations apply to intendent may establish reasonable the use of oversnow vehicles? The use of and direct access routes via snow- oversnow vehicles in Grand Teton is mobile, to such inholding, or to private not subject to §§ 2.18(d) and (e) and property adjacent to park boundaries 2.19(b) of this chapter. for which other routes or means of ac- (14) Are there any forms of non-motor- cess are not reasonably available. Re- ized oversnow transportation allowed in quirements established in this section the park? (i) Non-motorized travel con- related to air and sound emissions, sisting of skiing, skating, snowshoeing, snowmobile operator age, licensing, or walking is permitted unless other- and guiding do not apply on these wise restricted pursuant to this section oversnow routes. The following routes or other provisions of 36 CFR part 1. are designated for access to properties (ii) The Superintendent may des- within or adjacent to the park: ignate areas of the park as closed, re- (i) The unplowed portion of Antelope open such areas, or establish terms and Flats Road off U.S. 26/89 to private conditions for non-motorized travel lands in the Craighead Subdivision. within the park in order to protect (ii) The unplowed portion of the visitors, employees, or park resources. Teton Park Road to the piece of land (iii) Dog sledding and ski-joring are commonly referred to as the ‘‘Clark prohibited. Property’’. (15) May I operate a snowplane in the (iii) From the Moose-Wilson Road to park? The operation of a snowplane in the land commonly referred to as the Grand Teton National Park is prohib- ‘‘Barker Property’’. ited. (iv) From the Moose-Wilson Road to (16) May I continue to access public the land commonly referred to as the lands via snowmobile through the park? ‘‘Wittimer Property’’. Reasonable and direct access, via snow- (v) From the Moose-Wilson Road to mobile, to adjacent public lands will those two pieces of land commonly re- continue to be permitted on designated ferred to as the ‘‘Halpin Properties’’.

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(vi) From the south end of the plowed lowing U.S. Postal Service ZIP code sections of the Moose-Wilson Road to areas: that piece of land commonly referred to as the ‘‘JY Ranch’’. Allen 57714 Belvedere 57521 (vii) From Highway 26/89/187 to those Cottonwood 57775 lands commonly referred to as the Creighton 57729 ‘‘Meadows’’, the ‘‘Circle EW Ranch’’, Interior 57750 the ‘‘Moulton Property’’, the Kadoka 57543 ‘‘Levinson Property’’ and the ‘‘West Kyle 57752 Property’’. Long Valley 57547 (viii) From Cunningham Cabin pull- Owanka 57767 out on U.S. 26/89 near Triangle X to the Philip 57567 piece of land commonly referred to as Scenic 57780 the ‘‘Lost Creek Ranch’’. Wall 57790 (ix) Maps detailing designated routes Wanblee 57577 will be available from Park Head- Wasta 57791 quarters. (19) For what purpose may I use the (3) The Superintendent may require a routes designated in paragraph (g)(18) of permit and establish terms and condi- this section? Those routes designated in tions in accordance with § 1.6 of this paragraph (g)(18) of this section are chapter for the operation of local com- only to access private property within mercial vehicles on the park road be- or directly adjacent to the park bound- tween the park’s Northeast and Inte- ary. Use of these roads via snowmobile rior entrances. The Superintendent is authorized only for the landowners may charge a fee for any permits and their representatives or guests. issued to commercial vehicles in ac- Use of these roads by anyone else or for cordance with a fee schedule estab- any other purpose is prohibited. lished annually. (20) Is violating any of the provisions of (4) The commercial transport on the this section prohibited? Violating any of park road between the Northeast and the terms, conditions or requirements Interior entrances of any substance or of paragraphs (g)(1) through (g)(19) of combination of substances, including this section is prohibited. Each occur- any hazardous substance, hazardous rence of non-compliance with these material, or hazardous waste that re- regulations is a separate violation. quires placarding, or any marine pollutant that requires marking, as de- [24 FR 11043, Dec. 30, 1959, as amended at 27 fined in 49 CFR Subtitle B, is prohib- FR 9515, Sept. 26, 1962; 32 FR 7772, May 27, ited; except for local bulk deliveries of 1967; 36 FR 16065, Aug. 19, 1971; 48 FR 19171, Apr. 28, 1983; 48 FR 30294, June 30, 1983; 60 FR gasoline, fuel oil and LP gas; provided, 13630, Mar. 14, 1995; 60 FR 55791, Nov. 3, 1995; however, that the Superintendent may 66 FR 7267, Jan. 22, 2001; 67 FR 69477, Nov. 18, issue permits for the transportation of 2002; 68 FR 69287, Dec. 11, 2003; 69 FR 65364, such substance or combination of sub- Nov. 10, 2004] stances, including hazardous waste, in emergencies, and may issue permits § 7.23 Badlands National Park. when such transportation is necessary (a) Commercial vehicles. (1) Notwith- for access to lands within or adjacent standing the prohibition of commercial to the park area to which access is oth- vehicles set forth in § 5.6 of this chap- erwise not available as provided in 36 ter, local commercial vehicles may op- CFR 5.6. erate on the park road between the (5) The operator of a motor vehicle Northeast entrance and the Interior transporting any hazardous substance, entrance in accordance with the provi- hazardous material, hazardous waste, sions of this section. or marine pollutant in accordance with (2) The term ‘‘Local Commercial Ve- a permit issued under this section, is hicles’’, as used in this section, will in- not relieved in any manner from com- clude the definition of ‘‘commercial ve- plying with all applicable regulations hicle’’ in § 5.6(a), but specifically in- in 49 CFR Subtitle B, or with any other cludes only those vehicles that origi- State or Federal laws and regulations nate from, or are destined to, the fol- applicable to the transportation of any

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hazardous substance, hazardous mate- may engage in commercial fishing rial, hazardous waste, or marine pollut- under proper State permit. ant. (ii) For the purposes of this section, (6) The transportation or use of over- the term ‘‘native Hawaiian’’ means any size or overweight commercial vehicles descendent of not less than one-half on the park road between the North- part of the blood of the races inhab- east and Interior entrances is prohib- iting the Hawaiian Islands previous to ited; provided, however that the Super- 1778 (Act of June 20, 1938; 52 Stat. 784; intendent may issue permits for trans- 16 U.S.C. 396a). portation or use of such vehicles and (b) Backcountry registration. No per- may condition such permits on the use son shall explore or climb about the of special routes within the park in lava tubes or pit craters in the park order to minimize impacts to park fa- without first registering with the su- cilities and resources and also may perintendent and indicating the ap- issue permits when the transportation proximate length of time involved in or use of such vehicles is necessary for the exploration and the number of peo- access to lands within or adjacent to ple in the party. This section does not the park area to which access is other- apply to the maintained trail through wise not available as provided in 36 Thruston Lava Tube, nor the main- CFR 5.6. tained trail down and across Kilauea (7) Operating without, or violating a Iki pit crater. term or condition of, a permit issued in [34 FR 9338, June 13, 1969, as amended at 48 accordance with this section is prohib- FR 30295, June 30, 1983] ited. In addition, violating a term or condition of a permit may result in the § 7.26 Death Valley National Monu- suspension or revocation of the permit. ment. (b) [Reserved] (a) Mining. Mining in Death Valley [62 FR 2580, Jan. 17, 1997] National Monument is subject to the following regulations, which are pre- § 7.24 Upper Delaware Scenic and Rec- scribed to govern the surface use of reational River. claims therein: Fishing. Fishing in any manner au- (1) The claim shall be occupied and thorized under applicable State law is used exclusively for mineral explo- allowed. ration and development and for no other purpose except that upon written [53 FR 3748, Feb. 9, 1988] permission of an authorized officer or employee of the National Park Service § 7.25 Hawaii Volcanoes National Park. the surface of the claim may be used (a) Fishing—(1) Commercial fishing. for other specified purposes, the use to Commercial fishing from parklands be on such conditions and for such pe- (above the high waterline) other than riod as may be prescribed when permis- as provided for below is prohibited. sion is granted. (2) Nets. The use of nets in fishing (2) The owner of the claim and all from parklands (above the high water- persons holding under him shall con- line) except for throw nets, is prohib- form to all rules and regulations gov- ited. erning occupancy of the lands within (3) Kalapana extension area; special the National Monument. fishing privileges. (i) Pursuant to the act (3) The use and occupancy of the sur- of June 20, 1938 (52 Stat. 781; 16 U.S.C. face of mining claims as prescribed in 391b and 396a) Native Hawaiian resi- paragraphs (a) (1) and (2) of this section dents of the villages adjacent to the shall apply to all such claims located Kalapana extension area added to the after the date of the act of June 13, 1933 park by the above act and visitors (48 Stat. 139; 16 U.S.C. 447), within the under their guidance are granted the limits of the National Monument as exclusive privileges of fishing or gath- fixed by Proclamation No. 2028 of Feb- ering seafood from parklands (above ruary 11, 1933, and enlarged by Procla- the high waterline) along the coastline mation No. 2228 of March 26, 1937, and of such extension area. These persons to all mining claims on lands hereafter

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included in the National Monument, lo- impoundment, appropriation, trans- cated after such inclusion, so long as mission, or other use of water shall be such claims are within the boundaries constructed on or across Monument of said Monument. lands, including mining claims, with- (4) Prospectors or miners shall not out a permit approved by an authorized open or construct roads or vehicle officer or employee of the National trails without first obtaining written Park Service. Application for such per- permission from an authorized officer mit shall be accompanied by plans of or employee of the National Park Serv- the proposed construction. The permit ice. Applications for permits shall be shall contain the following conditions: accompanied by a map or sketch show- (1) No diversion and use of the water ing the location of the mining property shall conflict with the paramount gen- to be served and the location of the eral public need for such water; (2) such proposed road or vehicle trail. The per- water systems shall include taps or mit may be conditioned upon the per- spigots at points to be prescribed by mittee’s maintaining the road or trail the Superintendent, for the conven- in a passable condition as long as it is ience of the public; and (3) all appro- used by the permittee or his succes- priations of water, in compliance with sors. the State water laws, shall be made for (5) From and after the date of publi- public use in the name of the United cation of this section, no construction, States and in accordance with instruc- development, or dumping upon any lo- tions to be supplied by an authorized cation or entry, lying wholly or partly officer or employee of the National within the areas set forth in para- Park Service. graphs (a)(5) (i) to (iii) of this section, (c) Permits. Application for any per- shall be undertaken until the plans for mit required by this section shall be such construction, development, and made through the Superintendent of dumping, insofar as the surface is af- the Monument. fected thereby, shall have been first (d) Filing of copies of mining locations. submitted to and approved in writing From and after the publication of this by an authorized officer or employee of paragraph, in order to facilitate the ad- the National Park Service: ministration of the regulations in this (i) All land within 200 feet of the cen- part, copies of all mining locations ter-line of any public road. filed in the Office of the County Re- (ii) All land within the smallest legal corder shall be furnished to the office subdivision of the public land surveys of the Superintendent, Death Valley containing a spring or water hole, or National Monument, by the person fil- within one quarter of a mile thereof on ing the mining location in his own be- unsurveyed public land. half or on behalf of any other person. (iii) All land within any site devel- (e) Aircraft. The following are des- oped or approved for development by ignated as locations where the oper- the National Park Service as a residen- ation of aircraft is allowed: tial, administrative, or public camp- (1) Death Valley Airport, latitude ground site. Such sites shall include all 36°27′50″ N., longitude 116°52′50″ W. land within the exterior boundaries (2) Stovepipe Wells Airport, latitude thereof as conspicuously posted by the 36°36′15″ N., longitude 117°09′30″ W. placing of an appropriate sign dis- closing that the boundaries of the de- [24 FR 11044, Dec. 30, 1959, as amended at 49 veloped site are designated on a map of FR 18450, Apr. 30, 1984] the site which will be available for inspection in the office of the Super- § 7.27 Fort Jefferson National Monu- intendent. If not so posted, such sites ment. shall include all land within 1,000 feet (a) Fishing. No species of coral, shells, of any Federally owned buildings, shellfish, seafan, sponges, sea water and sewer systems, road loops, anemones or other forms of marine life and camp tables and fireplaces set at found in the waters of the Monument, designated camp sites. shall be taken or disturbed in any man- (b) Use of water. No works or water ner, except that fish, crawfish, and the system of any kind for the diversion, common species of conch, may be

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taken in accordance with paragraphs minnows or ‘‘pilchers’’ may be taken (a) (2) to (7) of this section. by sports fishermen by a cast net not (1) Protection of turtles. Sea turtles to exceed 12 feet in diameter, or by and terrapins, turtle or terrapin nests hook and line, and that possession is and their eggs shall not be taken, dis- limited to one day’s supply. turbed or molested at any time. (ii) No bait shall be taken for the (2) Crawfish (Panulirus argus), Florida purpose of sale. Lobster, Langouste. (6) Closed waters: Marine life shall not (i) The limit of catch of crawfish be disturbed or taken from the moat or shall be two per person per day, except from waters within 500 feet of the moat that the total for any one vessel having wall at Garden Key, or from the cove more than 12 persons aboard shall not bounded by Garden, Bush, and Long exceed 25 crawfish. Keys north of the 5-foot channel, ex- (ii) The taking or catching of craw- cept that sport fishing in deep water fish for commercial purposes is prohib- channels and from any pier within that ited at all times. area is permitted. (3) Conch (Strombus gigas). (i) The (7) The use or possession of spears, taking of Conchs shall be limited to gigs, or grains, within the boundaries the species (Strombus gigas), which is of the National Monument, is prohib- also known as Queen Conch or Pink ited at all times. Conch, and the limit per person, per (b) Designated anchorage. All vessels day, is two Conch, except that the entering Tortugas Harbor in the vicin- total for any vessel having more than ity of Garden Key shall anchor only in 12 persons aboard shall not exceed the designated anchorage area of Bird twenty-five. Key Harbor southwest of Garden Key, (ii) The taking or catching of Conchs which is designated Anchorage Area for commercial purposes is prohibited 202.190 on U.S. Coast and Geodetic Sur- at all times. vey Chart No. 585, except that pas- (4) Commercial fishing or shrimping senger-carrying vessels and yachts car- or the taking of fish for the purpose of rying visitors to historic Fort Jeffer- sale is prohibited in the area of the Na- son may discharge passengers at the tional Monument described as follows: main docking area of Garden Key and may moor to the piers and anchor in Beginning at Pulaski Shoal Light at lati- the channel, harbor, or lagoons in the ° ′ ″ ° ′ ″ tude 24 41 36 N., longitude 82 46 23 W., vicinity of Garden Key for not more thence on a straight line to a point at latitude 24°38′00″ N., longitude 82°48′00″ W.; than an eight hour period between sun- thence on a straight line to buoy ‘‘N2’’ at rise and sunset by permission from the latitude 24°37′23″ N., longitude 82°49′48″ W.; Superintendent or his representative. thence in a straight line to a buoy ‘‘C1’’ at (c) Aircraft; designated landing areas. latitude 24°35′35″ N., longitude 82°52′19″ W.; Aircraft may be landed in the waters thence in a straight line to buoy ‘‘N8’’ at within a radius of 1 nautical mile of latitude 24°35′07″ N., longitude 82°54′07″ W.; the Fort situated at Garden Key, but thence in a straight line to a buoy ‘‘N2’’ at approaches, landings, and takeoffs latitude 24°35′06″ N., longitude 82°55′53″ W.; thence in a straight line to a buoy ‘‘N10’’ at shall not be made within 300 yards of latitude 24°36′39″ N., longitude 82°52′27″ W.; Bush Key. Seaplanes may be moored or thence in a straight line to a point at lati- brought up on land only on the beach tude 24°40′57″ N., longitude 82°54′16″ W.; north of the main pier at Garden Key. thence in a straight line to a point at lati- Helicopters may land at the helipads tude 24°41′50″ N., longitude 82°53′10″ W.; on the coaling docks. thence in a straight line to a point at latitude 24°42′22″ N., longitude 82°51′50″ W.; [25 FR 7102, July 27, 1960, as amended at 29 thence in a straight line to a point at lati- FR 6155, May 9, 1964; 33 FR 3227, Feb. 21, 1968] tude 24°42′53″ N., longitude 82°49′34″ W.; thence in a straight line to a point at lati- § 7.28 Olympic National Park. tude 24°42′44″ N., longitude 82°48′20″ W.; and (a) Fishing—(1) General Provisions. All thence in a straight line to the point of be- waters within Olympic National Park ginning at Pulaski Shoal Light. are open to fishing in conformance (5)(i) The taking of live bait in the with those seasons and limits published area described in paragraph (a)(4) of annually by the Washington State De- this section is prohibited, except that partment of Game and the Washington

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State Department of Fisheries applica- (5) Fishing gear. Fishing with a line, ble in the same watershed in adjoining gear or tackle having more than two counties, except as provided for below. spinners, spoons, blades, flashers, or (i) Possession limit. This shall be the like attractions, or with more than one same as the daily limit for all species; rudder, or more than two hooks (single, Provided however, it is lawful to possess double, or treble barbed) attached to four steelhead over 20 inches regardless such line, gear, or tackle, is prohibited. of weight. In the Queets River and trib- (6) Bait. The use of nonpreserved fish utaries the summer season possession eggs is permitted. limit is two steelhead over 20 inches. (7) License. A license to fish in park (ii) General summer season. Daily waters is not required; however, an in- steelhead catch limit shall not exceed dividual fishing for steelhead or salm- two fish, Provided however: on in park waters, except treaty Indi- (A) The Queets River and tributaries ans fishing in the exercise of rights se- shall have a summer season daily limit cured by treaties of the United States, of one steelhead over 20 inches in shall have in his/her possession a State length. of Washington punch card for the spe- (B) The Quinault River is closed to cies being sought. Steelhead and salm- the taking of steelhead all year above on shall be accounted for on these the confluence of the North and East cards as required by State regulations. Forks, but is open in its entirety dur- (8) Indian treaty fishing. (i) Subject to ing the general summer season to the the limitations set forth below, all wa- taking of two rainbow trout with a ters within the Olympic National Park minimum six of 10 inches and max- which have been adjudicated to be imum size of 20 inches. usual and accustomed fishing places of (2) Salmon Fishing. Salmon fishing is an Indian tribe, having treaty-secured permitted on the following park wa- off-reservation fishing rights, are open ters, exclusive of tributaries, when ad- to fishing by members of that tribe in jacent State waters are open: conformance with applicable tribal or 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. fishing rights shall carry identification Quillayute River. 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. right. Such persons shall produce said (3) Conservation waters. After con- card for inspection upon request of a sultation with the State and, where ap- National Park Service enforcement of- propriate, the concerned Indian tribe, ficer. A tribally issued identification the superintendent may, by local publi- tag shall be attached to any unat- cation and conspicuous posting of tended fishing gear in park waters. signs, alter the season and change (iii) Conservation closures and catch daily limits for spawning, conservation limits. The superintendent may close a or research purposes. stream or any portion thereof to Indian (4) Closed waters. That portion of the treaty fishing or limit the number of Morse Creek watershed within the park fish that may be taken when it is found (except Lake Angeles and P.J. Lake) either that it is: and that section of Kalaloch Creek (A) Reasonable and necessary for the which is used as domestic water supply conservation of a run as those terms (as posted) are closed to fishing. Fish- are used by the United States District ing from boats is prohibited on the Hoh Court to determine the permissible River upstream from the South Fork limitations on the exercise of Indian Hoh boat launch. treaty rights; or

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(B) Necessary to secure the proper al- standards prescribed by the State and location of harvest between Indian county laws and regulations applicable treaty fisheries and other fisheries as in the county within whose exterior prescribed by the court. boundaries such building is located. (iv) Catch reports. Indian fishermen (b) No person shall construct, rebuild shall furnish catch reports in such or alter any water supply or sewage form as the superintendent, after con- disposal system without a written per- sultation with the applicable tribe, mit issued by the Superintendent. The shall have prescribed. Superintendent will issue such permit (v) Prohibition of fish cultural activi- only after receipt of written notifica- ties. No fish cultural, planting, or prop- tion from the appropriate Federal, agation activity shall be undertaken in State, or county officer that the plans park waters without prior written per- for such system comply with the State mission of the superintendent. or county standards. There shall be no (vi) Applicability of other park regula- charge for such permits. Any person tions. Indian treaty fishing shall be in aggrieved by an action of the Super- conformity with National Park Service intendent with respect to any such per- general regulations in parts 1–6 of this mit or permit application may appeal chapter. (b) Boating. All vessels are prohibited in writing to the Director, National on park waters except as provided Park Service, U.S. Department of the below: Interior, Washington, DC 20240. (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 determine whether such system complies Lake Crescent. 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 North Fork and Graves Creek Roads. (b) Any water supply or sewage disposal 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 one-quarter mile of an established presents an immediate and severe dan- automobile campground or conces- ger to the public health. sioner overnight facility. (iii) Defective systems. (a) If upon in- (d) [Reserved] spection, any water supply system or (e) Privately owned lands—(1) Water sewage disposal system is found by the supply and sewage disposal systems. The inspecting officer not to be in conform- provisions of this paragraph apply to ance with applicable State and county the privately owned lands within standards, the Superintendent will Olympic National Park. The provisions send to the ostensible owner and/or the of this paragraph do not excuse compli- occupant of such property, by certified ance by eating, drinking, or lodging es- mail, a written notice specifying what tablishments with § 5.10 of this chapter. steps must be taken to achieve compli- (i) Facilities. (a) Subject to the provi- ance. If after 1 year has elapsed from sions of paragraph (e)(1)(iii) of this sec- the mailing of such written notice the tion, no person shall occupy any build- deficiency has not been corrected, such ing or structure, intended for human deficiency shall constitute a violation habitation or use, unless such building of this regulation and shall be the basis is served by water supply and sewage for court action for the vacation of the disposal systems that comply with the premises.

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(b) If upon inspection, any water sup- applicable to privately owned lands ply or sewage disposal system is found within Olympic National Park, the lat- by the inspecting officer not to be in ter shall prevail. conformance with established State (f) Snowmobile use. (1) The use of and county standards and it is found snowmobiles is prohibited except in further that there is immediate and se- areas and on routes designated by the vere danger to the public health or the superintendent by the posting of appro- health of the occupants or users, the priate signs or by marking on a map Superintendent shall post appropriate available at the office of the super- notices at conspicuous places on such intendent, or both. The following premises, and thereafter, no person routes have been designated for snow- shall occupy or use the premises on mobile use within Olympic National which the system is located until the Park: Superintendent is satisfied that reme- (i) Staircase Road from the park dial measures have been taken that boundary to the Staircase Ranger Sta- will assure compliance of the system tion. with established State and county (ii) Whiskey Bend Road from the standards. function of the Elwha Road to the (2) State forest practice laws. Any per- Whiskey Bend trailhead. son, firm, or corporation harvesting or (iii) Boulder Creek Road from Glines cutting timber on privately owned Canyon Dam to the end of the road. lands within that portion of Olympic (iv) North Fork Quinault Road from National Park over which jurisdiction the end of the plowed portion to the has been ceded by the State of Wash- North Fork Ranger Station. ington to the United States of America (v) South Shore Road from the end of shall comply with the standards con- the plowed portion to the Graves Creek cerning forest practices established Ranger Station. from time to time by or pursuant to (2) [Reserved] the laws of the State of Washington which would apply to such operations [24 FR 11045, Dec. 30, 1959, as amended at 34 FR 5844, Mar. 28, 1969; 34 FR 6331, Apr. 10, if they were not being conducted in 1969; 35 FR 10359, June 25, 1970; 35 FR 14133, Olympic National Park and personnel Sept. 5, 1970; 46 FR 37896, July 23, 1981; 47 FR of the Park will consult and cooperate 54930, Dec. 7, 1982; 48 FR 1488, Jan. 13, 1983; 48 with State officials in the administra- FR 30295, June 30, 1983] tion of this regulation. Although forest 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 (a) Operation of motor vehicles. The op- apply, no person, firm, or corporation eration of motor vehicles, other than harvesting timber, on such privately authorized emergency vehicles, is pro- owned lands shall be required to obtain hibited outside of established public permits or licenses from, or pay fees to, roads and parking areas, except on the State of Washington or its political beaches and oversand routes designated subdivisions in connection with the by the Superintendent by the posting harvesting or cutting of timber on such of appropriate signs and identified on lands. Prior to the initiation of har- maps available at the office of the Su- vesting or cutting of timber on pri- 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,

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each vehicle will be inspected to assure § 7.30 Devils Tower National Monu- that it contains the following equipment. ment which must be carried in the ve- (a) Climbing. Registration with a park hicle at all times while on the beaches ranger is required prior to any climb- or on the designated oversand routes: ing above the talus slopes on Devils (i) Shovel; Tower. The registrant is also required (ii) Jack; to sign in immediately upon comple- (iii) Tow rope or chain; tion of a climb in a manner specified (iv) Board or similar support; by the registering ranger. (v) Low pressure tire gauge. [42 FR 20462, Apr. 20, 1977] Prior to the issuance of such permits, operators must show compliance with § 7.31 Perry’s Victory and Inter- Federal and State regulations and ap- national Peace Memorial. plicable to licensing, registering, in- Snowmobiles. After consideration of specting, and insuring of such vehicles. existing special situations, i.e., depth Such permits shall be affixed to the ve- of snow, and depending on local weath- hicles as instructed at the time of er conditions, the superintendent may issuance. permit the use of snowmobiles on that (2) Driving off designated, marked portion of land situated between State oversand routes or beaches is prohib- Route 357 and the seawall which des- ited. ignates the north boundary of the Me- (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 (a) Snowmobiles. (1) Snowmobile use is an oversand vehicle route or beach is permitted on designated portions of prohibited. roadways and lakes in Pictured Rocks (6) The Superintendent may establish National Lakeshore. The designated limits on the number of oversand vehi- routes for snowmobiles will be confined cles permitted on designated oversand to the frozen waters of Lake Superior, routes and beaches when such limita- Grand Sable Lake, on the major lake- tions are necessary in the interest of shore visitor use roads that are public safety, protection of the ecologi- unplowed, or on road shoulders of cal and environmental values of the plowed park roads in conformance with area, coordination with other visitor State law. The designated snowmobile uses. routes are: (c) Public lewdness. Section 245.00 of (i) The Sand Point Road from the the New York Penal Code is hereby park boundary to Lake Superior. adopted and incorporated into the reg- (ii) The woodlands road from the ulations of this part. Section 245.00 pro- park boundary off City Limits Road vides that: southwest to Becker Farm and down to the Sand Point Road. A person is guilty of public lewdness when (iii) The road to Miner’s Falls, Min- he intentionally exposes the private and inti- er’s Castle parking area, and the Min- mate parts of his body in a lewd manner or commits any other lewd act (a) in a public er’s Beach parking area. place, or (b) in private premises under cir- (iv) The road from the park boundary cumstances in which he may readily be ob- in section 32, T48N, R17W, to the end of served from either a public place or from the road to Chapel Falls. other private premises, and with intent that (v) The road from Country Road H–58 he be so observed. at the park boundary to the Little Bea- [41 FR 19220, May 11, 1976, as amended at 44 ver Lake Campground. FR 44157, July 27, 1979; 52 FR 10686, Apr. 2, (vi) The road from County Road H–58 1987] to the Twelvemile Beach Campground.

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(vii) The road from County Road H–58 including the viewing platforms and as- to the Hurricane River Campground. sociated walkway system to the mouth (viii) The road from County road H–58 of Sable Creek. Also included is the to the Log Slide. area 100 feet from the centerline of the (ix) The section of Michigan Dimen- paved Sable Falls Road. sion Road from the park boundary to (vi) The area within 150 yards of: the the Log Slide. Grand Sable Visitor Center parking lot (x) The frozen waters of Lake Supe- and barn; the structures comprising rior and Grand Sable Lake. the Grand Marais quarters and mainte- (2) Maps showing designated routes nance facility. shall be available at park headquarters (vii) The 8.6 acre tract comprising and at ranger stations. structures and lands administered by (3) Snowmobile use outside des- the National Park Service on Coast ignated routes is prohibited. The prohi- Guard Point in Grand Marais. bition shall not apply to emergency ad- (3) Hunting season. Hunting is prohib- ministrative travel by employees of ited park wide during the period of the National Park Service or law en- April 1 through Labor Day. forcement agencies. (d) Personal Watercraft (PWC). (1) (b) Fishing. Unless otherwise des- PWC are allowed on the waters within ignated, fishing in a manner authorized Pictured Rocks National Lakeshore, under applicable State law is allowed. from the western boundary of the lake- (c) Hunting. The following lakeshore shore to the east end of Miners Beach. areas are closed to hunting: (2) PWC may be launched only from a (1) Sand Point area. All that portion designated launch site at Sand Point. of Sand Point described as the area (3) PWC users may beach their craft below the top of the bluff in Sections 19 only at Sand Point Beach and Miners and 30, T47N, R18W, and that area situ- Beach. ated within the corporate limits of the (4) The Superintendent may tempo- City of Munising, including the Sand rarily limit, restrict, or terminate ac- Point Road. cess to the areas designated for PWC (2) Developed public use areas. (i) The use after taking into consideration area within 150 yards of any campsite public health and safety, natural and located within the Little Beaver, cultural resource protection, and other Twelvemile Beach, and Hurricane management activities and objectives. River Campgrounds. (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 (iv) The area within 150 yards of any River, and then east to Moose Bay, structure at the Au Sable Light Sta- Namakan Lake. tion, and within 100 feet of the trail be- (iii) The portage trail between Grassy tween the lower Hurricane River Camp- Bay and Little Trout Lake. ground and the light station. (iv) The Chain of Lakes Trail from its (v) The area within 150 yards of the intersection with the Black Bay to Sable Falls parking lot and building, Moose Bay portage, across Locator,

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War Club, Quill, Loiten, and Shoepack § 7.34 Blue Ridge Parkway. Lakes, to Kabetogama Lake. (a) Snowmobiles. After consideration (2) Snowmobile use is allowed across of any special situations, i.e. the following marked safety portages: prescheduled or planned park activities Black Bay to Moose Bay, Lost Bay to such as conducted hikes or winter bird Saginaw Bay, Laurins Bay to Kettle and wildlife counts, and depending on Falls, Squirrel Narrows, Squaw Nar- local weather conditions, the Super- rows, Grassy Bay, Namakan Narrows, intendent may allow the use of snow- Swansons Bay, Mukooda Lake to Sand mobiles on the paved motor road and Point Lake (north), Mukooda Lake to overlooks used by motor vehicle traffic Sand Point Lake (south), Mukooda during other seasons between U.S. 220, Lake to Crane Lake, Tar Point, Kohler Milepost 121.4 and Adney Gap, Milepost Bay, and Sullivan Bay to Kabetogama 136.0. The public will be notified of Lake. openings through the posting of signs. (3) The Superintendent may deter- (b) Fishing. (1) Fishing is prohibited from one-half hour after sunset until mine yearly opening and closing dates one-half hour before sunrise. for snowmobile use, and temporarily (2) Fishing from the dam at Price close trails or lake surfaces, taking Lake or from the footbridge in Price into consideration public safety, wild- Lake picnic area in Watauga County, life management, weather, and park N.C., and from the James River Park- management objectives. way Bridge in Bedford and Amherst (4) Maps showing the designated Counties, Va., is prohibited. routes are available at park head- (3) The following waters are subject quarters and at ranger stations. to the restrictions indicated: (5) Snowmobile use outside open des- (i) North Carolina. Basin Creek and its ignated routes and lake surfaces is pro- tributaries in Doughton Park; Trout hibited. Lake in Moses H. Cone Memorial Park; (c) Aircraft. (1) Aircraft may be oper- Ash Bear Pen Pond, Boone Fork River, ated on the entire water surface and Cold Prong Branch, Laurel Creek, Sims frozen lake surface of the following Creek, Sims Pond in Julian Price Me- lakes, except as restricted in paragrah morial Park, and Camp Creek. (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 artificial lures having one single hook is Superintendent taking into consider- prohibited. ation public safety, wildlife manage- (B) On the above-designated water in ment, weather and park management Virginia the daily creel and size limits objectives. shall be as posted on the lake shore- [49 FR 18450, Apr. 30, 1984, as amended at 56 line. FR 3421, Jan. 30, 1991; 60 FR 39258, Aug. 2, (4) Prohibited bait in waters in para- 1995] graphs (b)(3) (i) and (ii) of this section:

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Possession of or use as bait of insects, (2) Violating a designation or condi- worms, and other similar organic bait tion established by the Superintendent or parts thereof adjacent to, on, or in is prohibited. streams or lakes while in possession of (c) Motorized Vessels. (1) Except for a fishing tackle, is prohibited. vessel propelled by a gasoline, diesel or (c) Powerless flight. The use of devices other internal combustion engine with designed to carry persons through the a rating of 10 horsepower or less, oper- air in powerless flight is allowed at ating a motorized vessel from Erbie times and locations designated by the Ford to the White River is prohibited. (2) Operating a vessel propelled by a superintendent, pursuant to the terms motor is prohibited above Erbie Ford. and conditions of a permit. (3) The provisions of paragraph (c) do (d) Boating. (1) The use of any vessel, not apply to a vessel operated for offi- as defined in § 3.1 of this chapter on the cial use by an agency of the United waters of the Blue Ridge Parkway is States, the State of Arkansas or one of prohibited except on the waters of its political subdivisions. Price Lake. (2) Vessels using Price Lake shall be [52 FR 19343, May 22, 1987] restricted to vessels propelled solely by § 7.36 Mammoth Cave National Park. oars or paddles. (a) Fishing—(1) General. Trot and (3) Vessels using Price Lake may be throw lines shall contain hooks which launched only at established or des- are spaced at least 30 inches apart. ignated ramps and shall be removed (2) Seines. (i) The use of seines is per- from the water for the night. Campers mitted only in the following runs and shall remove their vessels from the creeks to catch minnows and crawfish water to their campsites at night. for bait: Bylew, First, Second, Pine, [24 FR 11032, Dec. 30, 1959, as amended at 34 Big Hollow, Buffalo, Ugly, Cub, Blow- FR 11969, July 16, 1969; 36 FR 20945, Nov. 2, ing Spring, Floating Mill Branch, Dry 1971; 37 FR 20247, Sept. 28, 1972; 42 FR 61042, Branch, and Mill Branch. Dec. 1, 1977; 46 FR 39818, Aug. 5, 1981; 48 FR (ii) Seines shall not exceed 4 × 6 feet 30295, June 30, 1983; 49 FR 18450, Apr. 30, 1984; and the mesh shall not be larger than 52 FR 10686, Apr. 2, 1987; 52 FR 20388, June 1, one-quarter inch. 1987] (3) Live bait. (i) Worms are the only form of live bait which may be used in § 7.35 Buffalo National River. the Sloans Crossing Pond (also known (a) Fishing. (1) Unless otherwise des- as Beaver Pond), Green Pond, Doyle ignated by the Superintendent, fishing Pond, and First Creek Lake. Live min- in a manner authorized under applica- nows and worms may be used in all ble State law is allowed. other waters. (2) The Superintendent may des- (ii) [Reserved] ignate times when and locations where (b)(1) Cave entry. Except for those and establish conditions under which portions of the caves open to the general public, no person shall enter any the digging of bait for personal use is cave within the boundaries of the park allowed. without first obtaining a permit from (3) The Superintendent may des- the Superintendent. Permits will be ignate times when and locations where issued to persons who are qualified and and establish conditions under which experienced in cave exploration, who the collection of terrestrial and aquat- possess the needed equipment for safe ic insects for bait for personal use is al- entry and travel, and who are engaged lowed. in scientific research projects which in (4) Violating a designation or condi- the opinion of the Superintendent are tion established by the Superintendent compatible with the purpose for which is prohibited. the park was established. (b) Frogs, Turtles and Crayfish. (1) The (2) Persons on guided cave tours must Superintendent may designate times stay on the established designated and locations and establish conditions trails and remain with the guides and governing the taking of frogs, turtles tour group at all times. Exploration of and crayfish for personal use. side passages, going ahead of the lead

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guide and tour group or dropping be- possessed in the park area, except for hind the following guide or tour group guide dogs accompanying the blind. is prohibited. [35 FR 7793, May 21, 1970, as amended at 42 (3) Persons on ‘‘self-guided’’ or FR 21777, Apr. 29, 1977] ‘‘semi-guided’’ cave tours must stay in the established, designated trails at all § 7.39 Mesa Verde National Park. times. Exploration of side passages or taking alternate routes is prohibited. (a) Visiting of cliff dwellings is prohibited except when persons are accom- [36 FR 506, Jan. 14, 1971, as amended at 42 FR panied by a uniformed National Park 31454, June 21, 1977; 48 FR 30295, June 30, 1983] Service employee. However, the Super- intendent may issue special written § 7.37 Jean Lafitte National Historical permits to persons engaged in sci- Park. entific investigations authorizing such (a) Fishing. (1) Unless otherwise des- persons to visit the cliff dwellings ignated, fishing in a manner authorized without escort. The Superintendent under applicable State law is allowed. shall approve issuance of a permit pro- (2) Within the Barataria Marsh unit, vided: the superintendent may designate (1) That the investigation plan pro- times and locations and establish con- posed, in purpose and in execution, is ditions governing the taking of cray- compatible with the purposes for which fish upon a written determination that the park was established; the taking of crayfish: (2) That the investigation proposed (i) Is consistent with the purposes for will not jeopardize the preservation of which the unit was established; and park resources; (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. § 7.38 Isle Royale National Park. (b) Hiking is permitted only on trails 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

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to the satisfaction of the Super- or working the pipestone is not so intendent that the tour originated large as to be inconsistent with preser- from such place and in such manner as vation of the deposit and (2) a suitable not to provide, in effect, a regular and area is available for conduct of the op- duplicating service conflicting with, or eration. The permit shall be issued in competition with, the services pro- without charge and shall be valid only vided for the public pursuant to con- during the calendar year in which it is tract authorization with the Secretary. issued. (b) An American Indian desiring to [24 FR 11049, Dec. 30, 1959, as amended at 37 sell handicraft products produced by FR 23334, Nov. 2, 1972] him, members of his family, or by § 7.40 Hopewell Village National His- other Indians under his supervision or toric Site. under contract to him, including pipestone articles, shall apply to the (a) Fishing. (1) Fishing between sun- Superintendent. The Superintendent set and sunrise is prohibited. shall grant the permit provided that (1) [24 FR 11049, Dec. 30, 1959, as amended at 33 in his judgment the number of permit- FR 3227, Feb. 21, 1968] tees selling handicraft products is not so large as to be inconsistent with the § 7.41 Big Bend National Park. enjoyment of visitors to the Pipestone (a) Fishing; closed waters. Special National Monument and (2) a suitable ponds and springs reserved for species area is available for conduct of the op- of rare fish are closed to fishing and eration. The permit shall be issued bait collecting. The taking or release without charge and shall be valid only of any form of fish life in these ponds during the calendar year in which it is or springs is prohibited except by spe- issued. cial authorization by the Super- [34 FR 5377, Mar. 19, 1969] intendent. These ponds and springs will be posted as closed to fishing and bait § 7.43 Natchez Trace Parkway. collecting and molestation. (a)–(b) [Reserved] (b) Fishing; method. (1) Fishing with (c) Vehicles—(1) Trucks. Trucks over pole and line, rod and reel, and trot and one ton rated capacity are not per- throw line is permitted all year from mitted on the parkway. Trucks, not ex- the United States side of the Rio ceeding one ton rated capacity, are per- Grande. mitted to travel on the Natchez Trace (2) Use of seine. The use of seines and Parkway when used solely for trans- nets is prohibited except minnow portation of persons, their baggage, seines no greater than 20 feet in length camping equipment and related arti- may be used for taking of minnows for cles for recreational purposes only. bait. Trucks used for the purpose of hauling (c) Fishing; limit of catch. The limit of non-recreational materials are not per- catch per person per day or in posses- mitted. sion shall be 25 fish, except that min- (2) Animal-drawn vehicles. Animal- nows caught for bait shall not be ac- drawn vehicles or implements are pro- countable for the purpose of this sec- hibited on the main parkway road. tion. (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, or without load carrying capacity, and 1987] whether or not self-propelled, are prohibited on the parkway, except when § 7.42 Pipestone National Monument. 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

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ton rated capacity, when such rec- nic, lodging, residence, and camping reational vehicles are used solely to areas. carry persons for recreational purposes [34 FR 9751, June 24, 1969, as amended at 39 together with their baggage, camping FR 30833, Aug. 26, 1974; 48 FR 30295, June 30, equipment, and related articles for va- 1983; 52 FR 10686, Apr. 2, 1987] cation or recreational purposes, are permitted on the parkway. § 7.44 Canyonlands National Park. (5) Trailers. Trailers are permitted (a) Motorized Vehicle Use. Motorized when used non-commercially to trans- vehicles are prohibited in Salt Creek port baggage, camping equipment, Canyon above Peekaboo campsite. horses for recreational riding, small (b) [Reserved] boats and other similar items used for vacation or recreational purposes, pro- [69 FR 32876, June 14, 2004] vided they meet the following criteria: (i) Utility type trailers must be en- § 7.45 Everglades National Park. closed or covered and are not to exceed (a) Information collection. The infor- 5 feet by 8 feet. mation collection requirements con- (ii) Trailers must be equipped with tained in this section have been ap- red taillights, red stoplights and me- proved by the Office of Management chanical turn signals. Clearance lights and Budget under 44 U.S.C. 3501 et.seq., are required on trailers over 6 feet and assigned clearance number 1024– high. 0026. This information is being col- (iii) Only one trailer of any type may lected to solicit information necessary be towed by any one vehicle along the for the Superintendent to issue permits parkway. The towing vehicle and trail- used to grant administrative benefits. er must not exceed 55 feet in length. The obligation to respond is required in (6) Buses. Commercial passenger car- order to obtain a benefit. rying buses, when used for touring pur- (b) Prohibited conveyances. Only hand- poses, may travel the Natchez Trace propelled vessels may be operated upon Parkway by obtaining special written those areas of emergent vegetation permission in advance from the Super- commonly called marshes, wetlands, or intendent or his representative. School ‘‘the glades.’’ Operation of a motorized buses may travel on the parkway with- vessel in such areas is prohibited. out such written permission when (c) Definitions. The following defini- transporting people for special rec- tions shall apply to this section: reational or educational purposes. (1) Ballyhoo means a member of the (7) Towed vehicles other than trailers. genus Hemiramphus (family: Such vehicles must be towed with a Exocoetidae). rigid tow bar which does not require a (2) Cast net means a type of circular driver for the towed vehicle. Tow bar falling net, weighted on its periphery, 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.

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(7) Mojarra or ‘‘goats’’ means a mem- turbance of any fresh or saltwater ber of the family Gerreidae. aquatic life is prohibited. (8) Oyster means a mollusk of the (6) Methods of taking. Except as pro- suborder Ostraeaccea. vided in this section, only a closely at- (9) Personal watercraft means a vessel tended hook and line may be used for powered by an outboard motor, water- fishing activities within the park. jet or an enclosed propeller or impeller (i) Crabbing for stone or blue crabs system, where persons ride standing, may be conducted using attended gear sitting or kneeling primarily on or be- only and no more than five (5) traps per hind the vessel, as opposed to standing person. Persons using traps must re- or sitting inside; these craft are some- main within one hundred (100) feet of times referred to by, but not limited those traps. Unattended gear or use of to, such terms as ‘‘wave runner,’’ ‘‘jet more than five (5) traps per person is ski,’’ ‘‘wet bike,’’ or ‘‘Sea-doo.’’ prohibited. (10) Pilchard means a member of the (ii) Shrimp, mullet, and bait fish herring family (Clupeidae), generally (minnows, pilchards, pinfish, mojarras, used for bait. ballyhoo or bait mullet (less than eight (11) Pinfish means a member of the (8) inches in total length) may be taken genus Lagodon (family: Spiradae). with hook and line, dipnet (not exceeding 3 feet at its widest point) or cast (d) Fishing. (1) Fishing restrictions, net, for use as bait or personal con- based on management objectives de- sumption. scribed in the park’s Resources Man- (iii) A dipnet or cast net may not be agement Plan, are established annually dragged, trawled, or held suspended in by the Superintendent. the water. (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

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make safe passage impossible, at which and those shorelines contiguous with time the boats may be anchored to Long Sound, Little Blackwater Sound, await assistance or better conditions. and Blackwater Sound. (ii) [Reserved] (7) West Lake Pond and West Lake (e) Boating. (1) The Superintendent shall be closed to all vessels when they may close an area to all motorized ves- are being used by feeding birds. At all sels, or vessels with motors greater other times, these areas shall be open than a specified horsepower, or impose only to hand-propelled vessels or Class other restrictions as necessary, in ac- A motorboats powered by motors not cordance with §§ 1.5 and 1.7 of this chap- to exceed 6 horsepower. ter. (8) Launching, and or operating a (2) For purposes of this section, a ves- personal watercraft is prohibited in the sel in which the motor(s) is (are) re- park. moved from the gunnels or transom (9) Vessels used as living quarters and stored to be inoperable, is consid- shall not remain in or be operated in ered to be not motorized. the waters of the Park for more than 14 (3) The following areas are closed to days without a permit issued by the all vessels: Superintendent. Said permit will pre- (i) T. 54 S., R. 36 E., sections 19, 30, 31; scribe anchorage location, length of T. 55 S., R. 36 E., sections 6, 7, 18, 19, stay, sanitary requirements and such and 30, bordering the Shark Valley other conditions as considered nec- Loop Road from the Tamiami Trail essary. south. (f) Violation of any of the provisions (ii) Eco Pond, Mrazek Pond, Royal of § 7.45 is prohibited. Palm Ponds except for Hidden Lake, [59 FR 58785, Nov. 15, 1994; 60 FR 6022, Feb. 1, Parachute Key ponds north of the Main 1995] Park Road, and Lake Chekika. (4) The following inland fresh water § 7.46 Virgin Islands Coral Reef Na- areas are closed to the use of motorized tional Monument. vessels: Coot Bay Pond, Nine Mile (a) Extractive uses. (1) All extractive Pond, Paurotis Pond, Sweetbay Pond, uses are prohibited within the bound- Big Ficus Pond, Sisal Pond, Pine Glade aries of the Monument, including, but Lake, Long Pine Key Lake, Tower not limited to, harvest or collection of Lake, Hidden Lake, Pine Island, and L– fish, coastal migratory pelagic fish, 67 canal. baitfish, lobsters, conch, whelk, corals, (5) The following coastal waters, des- sponges and all associated reef inverte- ignated by statute as wilderness (Pub. brates, and sand, water, plants, seeds, L. 95–625), are closed to the use of mo- fruit, marine mammals, marine birds, torized vessels: Mud, Bear, East Fox, gas, minerals, and rocks. Middle Fox, Little Fox, and Gator (2) All submerged cultural resources Lakes; Homestead Canal; all associated are protected under the Archeological small lakes on Cape Sable inland from Resource Protection Act and the Aban- Lake Ingraham; Cuthbert, Henry, Lit- doned Shipwrecks Act. tle Henry, Seven Palm, Middle, Mon- (b) Exceptions. (1) Exceptions to pro- roe, Long, and the Lungs Lakes; Alli- hibited extractive uses are limited to gator Creek from the shoreline of Gar- bait fishing at Hurricane Hole and blue field Bight to West Lake; all inland runner (hardnose) line fishing in the creeks and lakes north of Long Sound, area south of St. John. The Super- Joe Bay, and Little Madeira Bay ex- intendent shall issue permits for such cept those ponds and lakes associated uses. with Taylor River. (2) Bait fishing shall be permitted (6) Except to effect a rescue, or un- with cast net at a distance greater less otherwise officially authorized, no than ten feet from the seaward edge of person shall land on keys of Florida the mangrove prop root system. Bay except those marked by signs de- (3) A maximum of three gallons of noting the area open, or on the main- baitfish is allowed per fisherman per land shorelines from Terrapin Point day. eastward to U.S. Highway 1, including (4) Blue runner shall be caught using the shores of all inland bays and waters hand lines and chum (a mixture of

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ground up baitfish and sand to attract tions. The Superintendent shall ap- the fish). prove issuance of a permit provided: (5) Any fish caught other than blue (i) That the investigation planned runner shall be released. will have demonstrable value to the (6) Vessels involved in the catch of National Park Service in its manage- blue runner may use moorings des- ment or understanding of park re- ignated for that purpose. sources, and (c) Marine Operations. No dredging, (ii) That the permit applicant is ade- excavating, or filling operations of any quately equipped and experienced so as kind are permitted, and no equipment, to ensure the protection and preserva- structures, by-product or excavated tion of park resources. materials associated with such oper- (3) Solo exploration. Solo exploration ations may be deposited in or on the or investigation is not permitted in waters or ashore within the boundaries any cave or undeveloped part or pas- of the monument. sageway of any cave within the park. (d) Wrecks. No person shall destroy or molest, remove, deface, displace or [34 FR 8356, May 30, 1969, as amended at 41 FR 24123, June 15, 1976; 48 FR 30295, June 30, tamper with wrecked or abandoned wa- 1983] terborne craft of any type or condition, submerged cultural resources, or any § 7.48 Lake Mead National Recreation cargo pertaining thereto, unless per- Area. mitted in writing by an authorized offi- (a) Aircraft, designated airstrips. (1)(i) cial of the National Park Service. The entire water surface of Lakes Mead (e) Boats. (1) No watercraft shall op- and Mohave are designated landing erate in such a manner, nor shall an- areas, except as restricted in § 2.17 of chors or any other mooring device be this chapter. cast or dragged or placed, so as to (ii) Aircraft may not be operated strike or otherwise cause damage to under power on those water surface any underwater feature. areas designated as special anchorages, (2) All watercraft, carrying pas- including fairways, as defined in 33 sengers, for hire, shall comply with ap- CFR 110.127. plicable regulations and laws of the (2) Temple Bar landing strip, located U.S. Coast Guard and Territory of the at approximate latitude 36°01′ N., ap- Virgin Islands. proximate longitude 114°20′ W. (3) Anchoring will only be permitted (3) Pearce Ferry landing strip, lo- in emergency situations to protect life cated at approximate latitude 30°04′37″ and property. N., approximate longitude 114°02′44″ W. (4) Anchoring shall only be permitted (4) Cottonwood landing strip located from 48 hours prior to landfall of the at approximate latitude 35°29′ N., ap- hurricane to 48 hours following passage proximate longitude 114°40′ W. of the hurricane. (5) [Reserved] (5) No lines or ropes shall be attached (6) Echo Bay landing strip located at to mangroves or other shoreline vege- ° ′ tation. approximate latitude 36 19 N., approximate longitude 114°27′ W. [68 FR 16435, Apr. 4, 2003] (b) Powerless flight. The use of devices designed to carry persons through the § 7.47 Carlsbad Caverns National Park. air in powerless flight is allowed except (a) Cave entry. (1) With the exception in harbors, swim beaches, developed of the regular trips into Carlsbad Cav- areas, and in other locations des- erns under the guidance or supervision ignated as closed to this activity. of employees of the National Park (c) Parking. Vehicles or boat trailers, Service, no person shall enter any cave or vehicle/boat trailer combinations, or undeveloped part or passage of any may be left unattended for periods up cave without a permit. to 7 days, when parked in parking (2) Permits. The Superintendent may areas adjacent to designated boat issue written permits for cave entry launching sites, without written per- without escort only to persons engaged mission obtained in advance from the in scientific or educational investiga- superintendent. Any vehicle or boat

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trailer or vehicle/boat trailer combina- (iv) In the designated Semiprimitive tion which is left in parking areas adja- area known as the Muddy River Con- cent to designated boat launching sites fluence with Lake Mead (Overton Wild- in excess of 7 days without written per- life Management Area), which is de- mission obtained in advance from the scribed as Nevada T16S; R68E Portions superintendent may be impounded by of Sections 28, 29, 32, 33 and 34 and T17; the superintendent. R68E; and (d) Water sanitation. All vessels with (v) In the designated Semiprimitive marine toilets so constructed as to per- area known as Grand Wash Bay, which mit wastes to be discharged directly is described as Arizona T33N; R16W into the water shall have such facili- Portions of Sections 16, 17, 21, 22, 27, 28, ties sealed to prevent discharge. Chem- 29, 33 and 34, and T321⁄2 N; R16W Por- ical or other type marine toilets with tions of Sections 32 and 33; and approved holding tanks or storage con- (vi) In the designated Semiprimitive tainers shall be permitted but will be discharged or emptied only at des- area known as Bonelli Bay, which is ignated sanitary pumping stations. described as Arizona T31N; R20W Por- (e) Fishing. Unless otherwise des- tions of Sections 4, 5, 7, 8, 9, 16, 17, 18, ignated, fishing in a manner authorized 19, 20, 21, 29 and 30. under applicable State law is allowed. (2) A person may not operate a per- (f) The Superintendent may exempt sonal watercraft at a speed in excess of motor vessels participating in a re- flat wake speed within 200 feet of any gatta that has been authorized by per- beach occupied by bathers, boats at the mit issued by the Superintendent from shoreline, or persons in the water or at the noise level limitations imposed by the shoreline. § 3.7 of this chapter. (3) After December 31, 2012, no one (g) Personal Watercraft. (1) A person may operate a personal watercraft that may launch and operate a personal does not meet the 2006 emission stand- watercraft in park waters or beach a ards set by EPA for the manufacturing personal watercraft on park lands, ex- of two-stroke engines. A person oper- cept in the following areas: ating a personal watercraft that meets (i) In the designated Primitive area the EPA 2006 emission standards known as the Gypsum Beds, which is through the use of direct-injection two- described as Arizona T31N; R20W Por- stroke or four-stroke engines, or the tions of sections 2, 3, 10 and 11; and equivalent thereof, is not subject to (ii) In the designated Primitive area this prohibition and will be allowed to known as the Virgin River, which is de- operate as described in this section. scribed as Nevada T36N; R68E Portions (4) The Superintendent may limit, re- of Sections 25, 26, 34, 35, 36; and strict, or terminate access to the areas (iii) In the designated Primitive/ designated for PWC use after taking Semiprimitive area in Black Canyon, into consideration public health and from the Willow Beach Harbor to Hoo- safety, natural and cultural resource ver Dam, prohibited from the first Tuesday following Labor Day weekend protection, and other management ac- through Friday of Memorial Day week- tivities and objectives. end; and prohibited only on Sundays [32 FR 15751, Nov. 16, 1967, as amended at 34 and Mondays from the Sunday of Me- FR 1950, Feb. 11, 1969; 34 FR 18857, Nov. 26, morial Day weekend through the Mon- 1969; 36 FR 21881, Nov. 17, 1971; 38 FR 5245, day of Labor Day weekend, which is de- Feb. 27, 1973; 49 FR 18450, Apr. 30, 1984; 53 FR scribed as Nevada T22S; R65E Portions 29681, Aug. 8, 1988; 68 FR 17306, Apr. 9, 2003] of Sections 32; T23S; R65E Portions of § 7.49 [Reserved] Sections 5, 8, 17, 20, 21, 28, 29, 34; T231⁄2S; R65E Portions of Sections 34; T23S; § 7.50 Chickasaw Recreation Area. R65E Portions of Sections 1, 2, and 12. Arizona T30N; R23W Portions of Sec- (a) Fishing. Unless otherwise des- tions 3, 10, 15, 22, 27, 34; T29N; R23W ignated, fishing in a manner authorized Portions of Sections 2, 12, 13; T29N; under applicable State law is allowed R22W Portions of Sections 18, 19, 20, 29; on Arbuckle Reservoir and Veterans and Lake.

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(b) Personal watercraft (PWC). (1) PWC (iii) Guy Sandy boat ramp. may operate on Lake of the Arbuckles (iv) Upper Guy Sandy boat ramp. except in the following closed areas: (4) The fueling of PWC is prohibited (i) The Goddard Youth Camp Cove. on the water surface. Fueling is al- (ii) A 150 foot wide zone around the lowed only while the PWC is away from picnic area at the end of Highway 110 the water surface and on a trailer. known as ‘‘The Point’’, beginning at (5) The Superintendent may tempo- the buoy line on the north side of the rarily limit, restrict or terminate ac- picnic area and extending south and cess to the areas designated for PWC east into the cove to the east of the use after taking into consideration picnic area. public health and safety, natural and (iii) The cove located directly north cultural resource protection, and other of the north branch of F Loop Road. management activities and objectives. (iv) A 150 foot wide zone around the [49 FR 18451, Apr. 30, 1984, as amended at 69 Buckhorn Campground D Loop shore- FR 53640, Sept. 2, 2004] line. (2) PWC may not be operated at § 7.51 Curecanti Recreation Area. greater than flat wake speed in the fol- (a) Hunting. Hunting is allowed at lowing locations: times and locations designated as open (i) The Guy Sandy arm north of the for hunting. east/west buoy line located near Mas- (b) Trapping. Trapping is allowed at ters Pond. times and locations designated as open (ii) The Guy Sandy Cove west of the for trapping. buoy marking the entrance to the cove. (c) Snowmobiles. Snowmobiles are per- (iii) Rock Creek north of the east/ mitted to operate within the bound- west buoy line at approximately aries of Curecanti National Recreation 034°27′50″ North Latitude. Area provided: (iv) The Buckhorn Ramp bay, east of (1) That the operators and machines the north south line drawn from the conform to the laws and regulations Buckhorn Boat Ramp Breakwater governing the use of snowmobiles as Dam. stated in this chapter and those appli- (v) A 150 foot wide zone along the cable to snowmobile use promulgated north shore of the Buckhorn Creek arm by the State of Colorado where they starting at the north end of the prove to be more stringent or restric- Buckhorn Boat Ramp Breakwater Dam tive than those of the Department of and continuing southeast to the the Interior. Buckhorn Campground D Loop beach. (2) That their use is confined to the (vi) The cove south and east of frozen surface of Blue Mesa Lake, and Buckhorn Campground C and D Loops. designated access roads. A map of areas (vii) The cove located east of and routes open to snowmobile use will Buckhorn Campground B Loop and ad- be available in the office of the super- jacent to Buckhorn Campground A intendent. Loop. (3) That for the purposes of this sec- (viii) The second cove east of tion, snowmobile gross weight will be Buckhorn Campground B Loop, fed by limited to a maximum of 1200 lbs. (ma- a creek identified as Dry Branch. chine and cargo) unless prior permis- (ix) Buckhorn Creek east of the east/ sion is granted by the superintendent. west buoy line located at approxi- [49 FR 18451, Apr. 30, 1984, as amended at 49 mately 096°59′3.50″ Longitude, known as FR 34480, Aug. 31, 1984] the G Road Cliffs area. (x) Within 150 feet of all persons, § 7.52 Cedar Breaks National Monu- docks, boat launch ramps, vessels at ment. anchor, vessels from which people are (a) Snowmobiles. (1) During periods fishing, and shoreline areas near camp- when snow depth prevents regular ve- grounds. hicular travel in the Monument, (3) PWC may only be launched from snowmobiling will be permitted on the the following boat ramps: main Monument road and parking (i) Buckhorn boat ramp. areas from the south boundary to the (ii) The Point boat ramp. north boundary and on the Panguitch

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Lake road from its junction with the (b) [Reserved] main Monument road east to the east [49 FR 34478, Aug. 31, 1984] park boundary. In addition, the paved walkway from the Visitor Center park- § 7.54 Theodore Roosevelt National ing lot to the Point Supreme overlook Park. is also open for snowmobile travel. (2) On roads designated for snow- (a) Snowmobiles. (1) Designated routes mobile use, only that portion of the open to snowmobile use are the por- road or parking area intended for other tions of the Little Missouri River motor vehicle use may be used by which contain the main river channel snowmobile. Such roadway is available as it passes through both units of Theo- for snowmobile use only when the des- dore Roosevelt National Park. Ingress ignated road or parking area is closed and egress to and from the designated by snow depth to all other motor vehi- route must be made from outside the cle use by the public. These routes will boundaries of the park. There are no be marked by signs, snow poles, or designated access points to the route other appropriate means. within the park. (2) The superintendent shall deter- The park Superintendent shall determine the opening and closing dates for mine the opening and closing dates for the use of designated snowmobile use of designated snowmobile routes routes each year, taking into consider- each year. Routes will be open to snow- ation snow, weather and river condi- mobile travel when they are considered tions. He shall notify the public by to be safe for travel but not necessarily posting of appropriate signs at the free of safety hazards. (3) Snowmobile use outside des- main entrance to both units of the ignated routes is prohibited. This pro- park. The superintendent may, by the hibition shall not apply to emergency posting of appropriate signs, require administrative travel by employees of persons to register or obtain a permit the National Park Service or its con- before operating any snowmobiles tractors or concessioners or law en- within the park. The operation of forcement agencies. snowmobiles shall be in accordance (b) [Reserved] with State laws in addition to the Na- tional Park Service regulations. [49 FR 29375, July 20, 1984] (b) [Reserved] § 7.53 Black Canyon of the Gunnison [49 FR 34479, Aug. 31, 1984] National Monument. (a) Snowmobiles. (1) During periods § 7.55 Lake Roosevelt National Recre- ation Area. when snow depth prevents regular vehicular travel to the North Rim of the (a) Hunting. Hunting is allowed at Monument, as determined by the su- times and locations designated as open perintendent, snowmobiling will be for hunting. permitted on the graded, graveled (b) Aircraft. Float planes may be op- North Rim Drive and parking areas erated on Lake Roosevelt on those wa- 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

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ramps. Launching and retrieval of PWC south of the entrance road to Penob- at Napoleon Bridge launch ramp is pro- scot Mountain Parking Area. hibited. (3) Hio Truck Road from Seawall (3) PWC may land anywhere along Campground north to State Route 102. the shoreline except in designated (4) The paved camper access roads swimming areas. within Seawall Campground. (4) PWC may not be operated at (5) Marshall Brook Truck Road from greater than flat-wake speeds in the Seal Cove Road to Marshall Brook. following locations: (6) Seal Cove Road from Park Bound- (i) Upper Hawk Creek from the wa- ary in Southwest Harbor to State terfall near the campground through Route 102 in Seal Cove. the area known as the ‘‘narrows’’ to (7) Western Mountain Road from the confluence of the lake, marked by Park Boundary west of Worcester ‘‘flat wake’’ buoy(s). Landfill to Seal Cove Pond. (ii) Within 200 feet of launch ramps, (8) The two crossroads connecting marina facilities, campground areas, Western Mountain Road and Seal Cove water skiers, beaches occupied by Road. swimmers, or other persons in the (9) Long Pond Truck Road including water. (iii) The stretch of the Spokane Arm Spur Road to Pine Hill. from 200 feet west of the Two Rivers (10) Lurvey Spring Road from Junc- Marina on the downstream end, to 200 tion with Long Pond Road in South- feet east of the Fort Spokane launch west Harbor to intersection with Echo ramp on the upstream end, above the Lake Beach Road. vehicle bridge. (11) The Echo Lake Entrance Road (5) The Superintendent may tempo- from State Route 102 to Echo Lake rarily limit, restrict or terminate ac- Beach Parking Area. cess to the areas designated for PWC [48 FR 1195, Jan. 11, 1983] use after taking into consideration public health and safety, natural and § 7.57 Lake Meredith National Recre- cultural resource protection, and other ation Area. management activities and objectives. (a) The operation of motor vehicles [49 FR 18451, Apr. 30, 1984, as amended at 69 within the Lake Meredith Recreation FR 35526, June 25, 2004] Area is prohibited outside of established public roads, parking areas, ex- § 7.56 Acadia National Park. cept within the cutbanks of Blue (a) Designated Snowmobile Routes. The Creek, comprising about 275 acres, and designated routes for snowmobile shall except below the 3,000 ft. contour on be: the following described lands, being (1) Park Loop Road (except section known as the Rosita Area on the Cana- from Stanley Brook intersection north dian River flood plain: to the gate at Penobscot Mountain Beginning at property corner 191 at Parking Area) and connecting roads as coordinates 536,112.90N and 1,894,857.49E follows: Paradise Hill Road (Visitor thence in a straight line S05°14′47″ E, Center to Junction Park Loop Road); 3349.09 ft. to property corner 192, thence Stanley Brook Road; Ledgelawn Exten- in a straight line N85°03′12″ E, 6999.38 sion Road; Sieur de Monts (gate to ft., to property corner 193, thence in a Loop Road); West Street; Cadillac straight line N58°29′53″ E, 3737.77 ft., to Mountain Summit Road; entrance property corner 194, thence in a roads to Wildwood Stable. straight line N51°20′25″ E, 1457.45 ft., to (2) Portions of Carriage Paths as fol- property corner 195, thence in a lows: A section of Carriage Path 1.8 straight line S74°40′44″ E, 4064.61 ft., to miles in length from the parking area property corner 196, thence in a at the north end of Eagle Lake down straight line N79°59′22″ E, 3118.40 ft. to the east side of the lake to connection property corner 197A, thence in a with Park Loop Road at Bubble Pond northeasterly direction to property Rest Area. A section of Carriage Path corner 200, thence in a straight line 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

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S80°04′22″ E, 2684.69 ft., to property cor- (h) Personal watercraft (PWC). (1) PWC ner 202, thence in a straight line may operate on Lake Meredith except N69°21′31″ E, 2974.09 ft. to property cor- in the following closed areas: stilling ner 203, thence in a straight line basin below Sanford Dam, within 750 S37°59′16″ E, 1538.83 ft., to property cor- feet of the Sanford Dam intake tower, ner 204, thence in a straight line and on the waters of the Canadian N28°36′59″ E, 744.10 ft., to property cor- River. ner 205, thence in a straight line (2) PWC may operate on Lake Mere- N00°19′04″ E, 1136.41 ft., to property cor- dith under the following conditions: ner 206, thence in a westerly direction (i) Fueling of PWC is prohibited on to property corner 181, thence in a the lake, except at the marina fuel straight line S89°51′52″ W, 1434.80 ft. to dock with an attendant providing the property corner 182, thence in a fuel service, or onshore and out of the straight line N75°53′25″ W, 4267.11 ft., to water. property corner 183, thence in a (ii) Carrying of fuel in an external or straight line S76°16′20″ W, 3835.45 ft., to portable container onboard a PWC is property corner 184, thence in a west- prohibited. erly direction to property corner 189, (iii) PWC may only be launched at thence in a straight line S71°35′59″ W, designated launch sites established by 2901.46 ft., to property corner 190, the Superintendent in accordance with thence in a straight line S78°24′18″ W, 36 CFR 1.5 and 1.7. 6506.70 ft. to the point of beginning as (iv) PWC may not operate at greater shown on Bureau of Reclamation draw- than flat wake speed in the following ing number 662–525–1431 dated July 9, designated areas: North Turkey Creek, 1965, such Rosita Area comprising Bugbee Canyon, North Canyon, North about 1,500 acres. Cove, South Canyon, Sexy Canyon, (b) Safety Helmets. The operator and Amphitheater Canyon, the coves be- each passenger of a motorcycle shall tween day markers 9 and 11, Fritch wear a safety helmet while riding on a Canyon, Short Creek, Evans Canyon motorcycle in an off-road area des- and Canal Canyon. Flat wake areas are ignated in paragraph (a) of this section. designated by buoys marked with ‘‘flat (c) Water sanitation. All vessels with wake’’ or other similar markings. The marine toilets so constructed as to per- location of those buoys may be ad- mit wastes to be discharged directly justed by the Superintendent based on into the water shall have such facility reservoir water levels. sealed to prevent discharge. Chemical (3) The Superintendent may tempo- or other type marine toilets with ap- rarily limit, restrict or terminate ac- proved holding tanks or storage con- cess to the areas designated for PWC tainers shall be permitted but will be use after taking into consideration discharged or emptied only at des- public health and safety, natural and ignated sanitary pumping stations. cultural resource protection, and other (d) Powerless flight. The use of devices management activities and objectives. designed to carry persons through the [36 FR 14694, Aug. 10, 1971, as amended at 40 air in powerless flight is allowed except FR 762, Jan. 3, 1975; 48 FR 30295, June 30, 1983; in locations designated as closed to 49 FR 18451, Apr. 30, 1984; 52 FR 10686, Apr. 2, this activity. The superintendent may 1987; 69 FR 30223, May 27, 2004] designate times and locations where such activity is allowed only under the § 7.58 Cape Hatteras National Sea- terms and conditions of a permit. shore. (e) Fishing. Unless otherwise des- (a) Hunting. (1) Lands within the Sea- ignated, fishing in a manner authorized shore on which hunting is legally per- under applicable State law is allowed. mitted are designated as follows: (f) 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 (g) 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

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villages of Salvo and Avon and Buxton, mitted to solicit business within the and between Frisco and Hatteras. boundaries of the Seashore and all ar- (iii) Bodie Island, 1,500 acres, between rangements with hunters must be made high water mark of Roanoke Sound outside of those boundaries. Guides and a line 2,000 feet west of and parallel will be required to possess a North to U.S. Highway 158, and from the Carolina State guide license and to ful- north dike of the Goosewing Club prop- fill all requirements and conditions im- erty on the north to the north bound- posed by that license. Fees charged by ary of the Dare County tract on the guides must be approved in advance by south. the Superintendent. Each guide must (2) Seashore lands on which hunting also possess a permit issued by the Su- is not permitted will be posted accord- perintendent which authorizes him to ingly. guide hunters within the Seashore and (3) This hunting plan will be adminis- the amount of the fees which he may tered and enforced by the National charge. Park Service, through the Service’s au- (12) Guides shall have no permanent thorized local representative, the Su- or seasonal blind rights within the Sea- perintendent of the Seashore, herein- shore and no special privileges other after referred to as the Superintendent. than those specified in this section. (4) The State of North Carolina will (13) At 5:00 a.m. each morning the assist in the enforcement of applicable day of hunting a drawing for blind as- State and Federal hunting laws and signments will be conducted at the otherwise in carrying out this plan. check-out station. Advance reserva- (5) Hunting will be restricted to wa- tions for permission to draw will be ac- terfowl. Season length, opening and cepted through the United States mail closing dates, bag limits and species of only. Reservations postmarked prior to waterfowl which may be taken will be 12:01 a.m. of September 25 will not be in accordance with the rules and regu- accepted. The postmark date and hour lations issued by the North Carolina will establish and govern the priority Wildlife Resources Commission and the of drawing. Maximum reservation by U.S. Fish and Wildlife Service. any person shall be three (3) consecu- (6) Hunting privileges will be free for all hunters possessing a North Carolina tive days in any week, Monday through State hunting license and Federal mi- Saturday, and limited to a total of six gratory bird hunting stamp. (6) days during the season. Reserva- (7) Permanent blinds will be con- tions shall have priority over nonres- structed exclusively by the Seashore ervations at drawing time. In the event and these will be built only on Bodie a reservation is to be canceled, the Su- Island. Setting up and use of tem- perintendent shall be informed by the porary or portable blinds by hunters party prior to drawing time for the will be permitted on Hatteras and date or dates of the reservation. Ocracoke Islands. (14) The first departure from a blind (8) Minimum distance between blinds by a person terminates his hunting on Seashore land and ponds within the privilege within Bodie Island for that designated hunting areas will be 300 day and the blinds may be reassigned yards unless other conditions, such as by the Superintendent, Cape Hatteras natural screening, justify a shorter dis- National Seashore Recreational Area, tance. or his duly authorized representative, (9) Hunting on Ocracoke Island will for use by others later the same day. be permitted and managed in the same Vacating parties must check out and manner as Hatteras Island. furnish information regarding their (10) ‘‘Jump shooting’’ of waterfowl take at the checking station on Bodie will be permitted only on Hatteras and Island located near the north boundary Ocracoke Islands and is prohibited of the hunting area. within 300 yards of any blind. (15) Hunters and guides shall provide (11) Properly licensed and authorized their own decoys and are required to guides may provide hunting guide serv- leave the blind which they used in a ice within the designated hunting areas clean, sanitary and undamaged condi- in the Seashore. They will not be per- tion.

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(16) All hunters taking banded fowl tive limited to individuals meeting the shall turn in the bands at the check- following criteria of eligibility: out station. (i) A legal resident of an established (17) Details of this plan, interpreta- village. tions and further information regard- (ii) Possession of a valid North Caro- ing it will be published in local news- lina commercial fishing license or en- papers and issued in circular form free gagement in a joint commercial fishing to all interested persons. venture with a North Carolina com- (18) Access to blinds will be by des- mercial fishing licensee. ignated foot trails. Vehicles will not be The permit shall be carried at all times permitted to drive to the blind sites. while engaged in commercial fishing (19) Trained dogs will be permitted and shall be displayed upon request by for retrieving providing they are kept the Superintendent or his representa- under restraint by the hunter. tive. When two or more individuals en- (20) Blinds will be limited to two per- gage in a joint commercial fishing ven- sons without a guide and three includ- ture involving a splitting of profits or ing the guide. Only two guns will be any other assumption of proprietary permitted in each blind. interests, each individual must qualify (21) All other regulations will be in for and have a commercial fishing per- accordance with the North Carolina mit. An employee hired by a permittee State and Federal migratory bird hunt- for a specific wage with no financial in- ing laws. terest in the activity need not have a (b) Fishing—(1) Definitions. As used in permit. this part: (4) Revocation of permit. The Super- (i) Seashore. Cape Hatteras National intendent may revoke the commercial Seashore. fishing permit of any permittee who (ii) Permittee. A person authorized to ceases to meet the criteria of eligi- engage in commercial fishing from sea- bility set forth in paragraph (c)(3) of shore beaches. this section or who violates any Gen- (iii) Legal resident of an established vil- eral, Special, or other related regula- lage. An individual (excluding a cor- tion governing activities at the Sea- poration, partnership, or other artifi- shore. cial person) having domicile in one of (5) Beach sanitation and conservation the following Outer Banks villages re- of aquatic life. Notwithstanding any ferred to in section 1 of the Act of Au- General Regulation of the National gust 17, 1937 (50 Stat. 669): Park Service to the contrary, all fish- Corolla, Duck, Kitty Hawk, Kill Devil ermen, commercial and sport, landing Hills, Collington, Nags Head, Manteo, fish on the Seashore by any method Wanchese, Rodanthe, Waves, Salvo, Avon, and not using such fish because of size, Buxton, Frisco, Hatteras, Ocracoke. edible quality, or other reason, shall (iv) Commercial fishing. All operations immediately release and return such preparatory to, during, and subsequent fish alive in the waters from which to the taking of fish by any means if a taken. No dead fish or part thereof may primary purpose of the taking is to sell be left on any shore, beach, dock, pier, fish. fish cleaning table or thrown back into (v) Commercial fishing permit. Written the waters, but must be disposed of revocable authorization, issued by the only at points or places designated for Superintendent to an eligible indi- the disposal thereof or removed from vidual, to engage in commercial fishing the seashore area. from the Seashore beaches. The permit (6) Sport-fishing Zone. A zone is estab- will be issued on an annual basis com- lished for the protection and enhance- mencing on October 1st of each year. ment of recreational sport-fishing com- (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,

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except between the hours of 12:01 a.m. § 7.61 Fort Caroline National Memo- on Saturday to 11:59 p.m. on Sunday rial. from October 1 through April 30, com- (a) Fishing. Fishing is prohibited mercial fishermen are not permitted to within the Memorial. haul seines or nets onto the beach within the Zone. [26 FR 3363, Apr. 20, 1961, as amended at 32 FR 16213, Nov. 28, 1967] [24 FR 11052, Dec. 30, 1959, as amended at 38 FR 33081, Nov. 30, 1973; 40 FR 4135, Jan. 28, § 7.62 Lake Chelan National Recre- 1975; 40 FR 56888, Dec. 5, 1975; 48 FR 30295, ation Area. June 30, 1983; 52 FR 10686, Apr. 2, 1987] (a) Snowmobiles. After consideration § 7.59 Grand Portage National Monu- of existing special situations, i.e., ment. depth of snow, and depending on local (a) Snowmobiles. After consideration weather conditions, the superintendent of existing special situations, i.e. depth may designate as open to the use of of snow, and depending on local weath- snowmobiles the following locations er conditions, the superintendent may within the Lake Chelan National permit the use of snowmobiles on the Recreation Area: following designated routes within the (1) All open areas, designated trails National Monument: and roadways on public land below the (1) The trail from County Road 73 1320-foot contour line within the (near the Grand Portage Trading Post) Stehekin Valley, except cross-country which moves across the Grand Portage ski trails and within the perimeter of to County Road 17 near the Catholic the Buckner Orchard. Snowmobile use Church. on open public lands or designated trails will be limited to permanent, (2) The powerline right-of-way road year-round residents of the Stehekin from Country Road 73 which moves Valley. across the Grand Portage Trail. (2) That portion of the Stehekin Val- (3) The logging road which moves ley Road normally open to use by across the Grand Portage Trail in NE motor vehicles from the 1320-foot con- 1⁄4, SE 1⁄4, Section 32, T64N, R6E. tour line to the park boundary. (4) Abandoned Highway 61 which (b) Aircraft. The following are des- moves across the Grand Portage Trail. ignated as locations where the oper- (5) The logging road which moves ation of aircraft is allowed: across the Grand Portage Trail in SE (1) The entire water surface of Lake 1⁄4, NW 1⁄4, Section 25, T64N, R5E. Chelan. (b) Fishing. Unless otherwise des- (2) The Stehekin landing field, lo- ignated, fishing in a manner authorized cated at approximate latitude 48°21′ N, under applicable State law is allowed. approximate longitude 120°43′ W. [47 FR 45005, Oct. 13, 1982, as amended at 49 (c) Weapons. The following location is FR 18451, Apr. 30, 1984] designated for target practice between the hours of sunrise and sunset, subject § 7.60 Herbert Hoover National His- to all applicable Federal, State, and toric Site. local laws: in the SE 1⁄4 of sec. 8, T. 33 (a) Snowmobiles. After consideration N., R. 17 E., WM, approximately 100 of existing special situations, i.e., yards east of mile point 7 on the depth of snow, and depending on local Stehekin Valley Road, a converted bor- weather conditions, the Super- row pit. intendent may permit the use of snow- [49 FR 18451, Apr. 30, 1984, as amended at 49 mobiles on the shoulder of the paved FR 19652, May 9, 1984; 54 FR 48869, Nov. 28, motor road known as Parkside Drive 1989] between Main Street of West Branch, 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

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Management on designated grazing al- (iv) If title to base lands lying out- lotments adjacent to the Artesia En- side the monument is conveyed, or trance Road, Blue Mountain Road, and such base lands are leased to someone Deerlodge Park Road, are authorized to other than a member of the immediate use these roads for trucking or hauling family of the permittee as of Sep- ranching and agricultural supplies and tember 8, 1960, the grazing preference materials, including livestock, for use shall be recognized only for a period of in normal ranching and stock growing twenty-five years from September 8, operations. 1960. (b) Stock grazing. (1) Privileges for the (v) If title to a portion or part of the grazing of domestic livestock based on base land either outside or inside the authorized use of certain areas at the monument is conveyed or such base time of approval of the act of Sep- lands are leased, the new owner or les- tember 8, 1960 (74 Stat. 857, Pub. L. 86– see will take with the land so acquired 729), shall continue in effect or shall be or leased after September 8, 1960, such renewed from time to time, except for proportion of the entire grazing privi- failure to comply with such terms and leges as the grazing capacity in animal conditions as may be prescribed by the unit months of the tract conveyed or Superintendent in these regulations leased bears to the original area to and after reasonable notice of default which a grazing privilege was appur- and subject to the following provisions tenant and recognized. Conveyance or of tenure: lease of all such base lands will auto- (i) Grazing privileges appurtenant to matically convey all grazing privileges privately owned lands located within appurtenant thereto. the Monument shall not be withdrawn (vi) Grazing privileges which are ap- until title to the lands to which such purtenant to base lands located either privileges are appurtenant shall have inside or outside the monument as of vested in the United States except for September 8, 1960, shall not be con- failure to comply with the regulations veyed separately therefrom. applicable thereto after reasonable notice of default. (2) Where no reasonable ingress or egress is available to permittees or (ii) Grazing privileges appurtenant to privately owned lands located outside nonpermittees who must cross monu- the Monument shall not be withdrawn ment lands to reach grazing allotments for a period of twenty-five years after or non-Federal lands within the exte- September 8, 1960, and thereafter shall rior boundary of the monument or ad- continue during the lifetime of the jacent thereto, the Superintendent will original permittee and his heirs if they grant, upon request, a temporary were members of his immediate family nonfee annual permit to herd stock on as described herein except for failure to a designated driveway which shall comply with the regulations applicable specify the time to be consumed in thereto after reasonable notice of de- each single drive. fault. (3) After September 8, 1960, no in- (iii) Members of the immediate fam- crease in the number of animal unit ily are those persons who are related to months will be allowed on Federal and directly dependent upon a person lands in the monument. or persons, living on or conducting (4)(i) A permittee whose privileges grazing operations from lands, as of are appurtenant to base lands either September 8, 1960, which the National inside or outside the monument may be Park Service recognized as base lands granted total nonuse on a year to year appurtenant to grazing privileges in basis not to exceed three consecutive the monument. Such interpretation ex- years. Total nonuse beyond this time cludes mature children who, as of that may be granted if necessitated for rea- date, were established in their own sons clearly outside the control of the households and were not directly de- permittee. Total unauthorized nonuse pendent upon the base lands and appur- beyond three consecutive years will re- tenant grazing recognized by the Na- sult in the termination and loss of all tional Park Service. grazing privileges.

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(ii) Whenever partial or total non-use would be detrimental to the range. The is desired an application must be made number of stock and the grazing period 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 Bureau of Land deemed necessary for the protection of Management and will be adjusted ac- the range. cordingly. (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 monument at any time or place, when Service has been made. Fees for per- or where herding or grazing is unau- mits are due the National Park Service thorized may be assessed fifty cents per and must be paid at least 15 days in ad- day per cow or horse and ten cents per vance of the grazing period. No permit day per sheep as damages. shall be effective to authorize grazing (7) The Superintendent may accept a use thereunder until all fees and other written relinquishment or waiver of amounts due the National Park Service any privileges; however, no such relin- have been paid. A pro rata adjustment quishment or waiver will be effective of fees will be made in the event of re- without the written consent of the duction of grazing privileges granted in owner or owners of the base lands. the permit, except that not more than (8) Permits. Terms and conditions. 50 percent of the total annual grazing The issuance and continued effective- fee will be refunded in the event re- ness of all permits will be subject, in duced grazing benefits are taken at the addition to mandatory provisions re- election of the permittee after his quired by Executive Order or law, to stock are on the range. the following terms and conditions: (vii) No building or other structure (i) The permittee and his employees shall be erected nor shall physical im- shall use all possible care in preventing provements of any kind be established forest and range fires, and shall assist under the permit except upon plans and in the extinguishing of forest and range specifications approved by the Na- fires on, or within, the vicinity of the tional Park Service. Any such facili- land described in the permit, as well as ties, structures, or buildings may be re- in the preservation of good order with- moved or disposed of to a successor in the boundaries of the Monument. permittee within three months fol- (ii) The Superintendent may require lowing the termination of the permit; the permittee before driving livestock otherwise they shall become the prop- to or from the grazing allotment to erty of the United States without com- gather his livestock at a designated pensation therefor. time and place for the purpose of (viii) The permittee shall utilize the counting the same. lands covered by the permit in a man- (iii) Stock will be allowed to graze ner approved and directed by the Su- only on the allotment designated in perintendent which will prevent soil the permit. erosion thereon and on lands adjoining (iv) The permittee shall file with the same. Superintendent a copy of his stock (ix) The right is reserved to adjust brand or other mark. the fees specified in the permit at any (v) The permittee shall, upon notice time to conform with the fees approved from the Superintendent that the al- for the Bureau of Land Management, lotment designated in the permit is not and the permittee shall be furnished a ready to be grazed at the beginning of notice of any change of fees. the designated grazing season, place no (x) All livestock are considered as livestock on the allotment for such a mature animals at 6 months of age and period as may be determined by the Su- are so counted in determining animal perintendent as necessary to avoid unit months and numbers of animals. damage to the range. All, or a portion (xi) The Superintendent may pre- of the livestock shall be removed from scribe additional terms and conditions the area before the expiration of the to meet individual cases. 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

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grounds for termination, suspension, or vehicles or repairing or performing any reduction of grazing privileges. mechanical work upon motor vehicles, (10) Appeals from the decision of the except in emergencies, in any public Superintendent to the Regional Direc- place is prohibited. tor, and from the Regional Director to (c) Definition. As used in paragraphs the Director shall be made in accord- (a) and (b) of this section, the term ance with National Park Service Order ‘‘public place’’ shall mean any place, No. 14, as amended (19 FR 8824) and Re- building, road, picnic area, parking gional Director, Order No. 3, as amend- space, or other portion of Petersburg ed (21 FR 1494). National Battlefield to which the pub- (11) Nothing in these regulations lic has access. shall be construed as to prevent the enforcement of the provisions of the Gen- [41 FR 40107, Sept. 17, 1976] eral Rules and Regulations and the § 7.65 Assateague Island National Sea- Special Rules and Regulations of the shore. National Park Service or of any other provisions of said rules and regulations (a) Hunting. (1) Hunting, except with applicable to stock grazing. a shotgun, bow and arrow, or by fal- (c) Snowmobiles. (1) Designated routes conry is prohibited. Hunting with a which will be open to smowmobile use shotgun, bow and arrow, or by means of are approximately 20 miles of the Harp- falconry is permitted in accordance ers Corner Road in Colorado and ap- with State law and Federal regulations proximately 2 miles of the Cub Creek in designated hunting areas. Road in Utah. The Harpers Corner (2) Hunting, or taking of a raptor for Road section extends from the Plug any purpose is prohibited except as Hat Overlook to the Echo Park Road provided for by permit in § 2.5 of this Turnoff. The Cub Creek Road section chapter. extends from the Chew Ranch Road, 1 (3) A hunter shall not enter upon mile north of the Green River Bridge, Service-owned lands where a previous to the point where the Cub Creek Road owner has retained use for hunting pur- leaves the southern boundary of the poses, without written permission of monument. such previous owner. (2) On roads designated for snow- (4) Waterfowl shall be hunted only mobile use, only that portion of the from numbered Service-owned blinds road or parking area intended for other except in areas with retained hunting motor vehicle use may be used by rights; and no firearm shall be dis- snowmobiles. Such roadway is avail- charged at waterfowl from outside of a able for snowmobile use only when blind unless the hunter is attempting there is sufficient snow cover and when to retrieve downed or crippled fowl. these roads are closed to all other (5) Waterfowl hunting blinds in pub- motor vehicle use by the public. lic hunting areas shall be operated (3) Snowmobile use outside des- within two plans: ignated routes is prohibited. The super- (i) First-come, first-served. intendent shall determine the opening (ii) Advance written reservation. and closing dates for use of the des- The superintendent shall determine the ignated snowmobile routes each year. number and location of first-come, [27 FR 2150, Mar. 16, 1962, as amended at 27 first-served and/or advance reservation FR 3659, Apr. 18, 1962; 34 FR 7330, May 6, 1969; blinds. 49 FR 34481, Aug. 31, 1984; 60 FR 55791, Nov. 3, (6) In order to retain occupancy 1995] rights, the hunter must remain in or near the blind except for the purpose of § 7.64 Petersburg National Battlefield. retrieving waterfowl. The leaving of (a) Alcoholic beverages. The possession decoys or equipment for the purpose of or drinking of alcoholic beverages in holding occupancy is prohibited. any public place or in any motor vehi- (7) Hunters shall not enter the public cle is prohibited, except with the writ- waterfowl hunting area more than 1 ten permission of the Superintendent. hour before legal shooting time and (b) Maintenance of vehicles. Washing, shall be out of the hunting area within cleaning, waxing, or lubricating motor 45 minutes after close of legal shooting

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time. The blind shall be left in a clean (i) The Superintendent is authorized and sanitary condition. to establish a system of special recre- (8) Hunters using Service-owned ation permits for oversand vehicles and shore blinds shall enter and leave the to establish special recreation permit public hunting area via designated fees for these permits, consistent with routes from the island. the conditions and criteria of 36 CFR (9) Prior to entering and after leaving part 71. a public hunting blind, all hunters (ii) No permit will be issued for a ve- shall check in at the registration box hicle: located on the trail to the blind he is (A) Which is not equipped to travel or has been using. over sand and which does not contain (10) Parties in blinds are limited to the following equipment to be carried two hunters and two guns unless other- at all times when traveling on a beach wise posted at the registratrion box for or designated oversand route in the the blinds. park: shovel, jack, tow rope or chain, (11) The hunting of upland game shall board or similar support for the jack, not be conducted within 300 yards of and low pressure tire gauge; any waterfowl hunting blind during (B) Which does not conform to appli- waterfowl season. cable State laws having to do with li- (12) Hunting on seashore lands and censing, registering, inspecting, and in- waters, except as designated pursuant suring of such vehicles; to § 1.5 and § 1.7, is prohibited. (C) Which fails to comply with provisions of § 4.10; and (b) Operation of oversand vehicles—(1) (D) Which does not meet the fol- Definitions. In addition to the defini- lowing standards: On four-wheel-drive tions found in § 1.4 of this chapter, the vehicles and trailers towed by any ve- following terms or phrases, when used hicle: in this section, have the meanings hereinafter respectively ascribed to Per unit them. Maximum vehicle length ...... 26 ft. (i) Oversand vehicle. Any motorized Maximum vehicle width ...... 8 ft. vehicle which is capable of traveling Minimum vehicle ground clearance ...... 7 in. over sand including—but not limited Gross vehicle weight rating may not exceed ...... 10,000 lb. to—over-the-road vehicles such as Maximum number of axles ...... 2 Maximum number of wheels (per axle) ...... beachbuggies, four-wheel-drive vehicles, pickup trucks, and standard auto- On two-wheel-drive vehicles, in addi- mobiles. tion to the six items listed imme- (ii) Self-Contained vehicle. Any towed diately above: Minimum width of tire or self-propelled camping vehicle that tread contact on sand, 8 in. each wheel. is equipped with a toilet and a perma- Tires with regular mud/snow grip nently installed, waste, storage tank tread, not acceptable. Provided, That capable of holding a minimum of 2 days the Superintendent may issue a single volume of material. trip permit for a vehicle of greater (iii) Primary dune. Barriers or mounds weight or length when such use is not of sand which are either naturally cre- inconsistent with the purposes of the ated or artificially established bayward regulations. of the beach berm which absorb or dis- (iii) Before issuing a permit, the Su- sipate the wave energy of high tides perintendent may check the vehicle to and coastal storms. determine whether it complies with the (iv) Dunes crossing. A maintained ve- requirements of paragraphs (b)(2)(ii) hicle accessway over a primary dune (A) through (D) of this section. designated and marked as a dunes (iv) Oversand permits are not trans- crossing. ferable and shall be carried by the op- (2) Oversand permits. No oversand ve- erator of the vehicle for which it has hicle, other than an authorized emer- been issued while traveling in the park. gency vehicle, shall be operated on a It shall be displayed as directed by the beach or designated oversand route in Superintendent at the time of issuance. the park area except under an oversand (3) Authorized and prohibited travel. (i) permit issued by the Superintendent. Except as otherwise provided in this

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section and in applicable sections of self-contained vehicles in the off-road parts 2 and 4 of this chapter, travel by portion of the park area may not be oversand vehicles is permitted south of parked on a beach seaward of the pri- Assateague State Park, daily through- mary dunes. out the year at any time, on a des- (iii) Upon approaching or passing ignated oversand route bayward of the within 100 feet of a person on foot, the primary dune and on designated por- operator of an oversand vehicle shall tions of a beach seaward of the primary reduce speed to 15 miles per hour. dune. Speed at other times on any designated (ii) Travel by motorcycles is per- oversand route shall not exceed 25 mitted only on public highways and miles per hour. parking areas within the park area. (iv) When two vehicles approach from (iii)(A) Travel by self-contained vehi- opposite directions in the same track, cles is permitted under paragraph both operators shall reduce speed; and (b)(3)(i) of this section provided that no the operator with the ocean on his overnight parking is allowed on a right shall pull out of the track to beach seaward of the primary dunes at allow the other vehicle to pass. any time. (v) Passengers shall not ride on the (B) South of Assateague State Park fenders, hood, roof, or tailgate, or in such vehicles may use designated self- any other position outside of a moving contained areas bayward of the pri- oversand vehicle; and such vehicles mary dunes for overnight parking. Ex- shall not be used to tow a person on cept, That towed travel trailers may any recreational device over the sand travel no farther south than the north- or in the air or water of the park area. ern limits of the Big Fox Levels. (vi) During an emergency, the Super- (iv) Travel by oversand vehicles, intendent may close the park; or he other than authorized emergency vehi- may suspend for such period as he shall cles, is prohibited on the following por- deem advisable any or all of the fore- tions of the park area subject, however, going regulations in the interest of to existing rights of ingress and egress. public safety; and he may announce (A) Between the Assateague State such closure or suspension by whatever Park and the Ocean City Inlet. means are available. (B) On the beach seaward of the pri- (c) Personal Watercraft. (1) Personal mary dune within designated portions Watercraft (PWC) are allowed in of the North Beach public use complex. Assateague Island National Seashore (C) Provided, however, That the Su- within the following locations and perintendent may establish times when under the following conditions: oversand vehicles may use a portion of (i) Ocean City Inlet: PWC may oper- the beach in a public use complex by ate, transit, launch in water or beach posting appropriate signs or marking on land between the north shore of on a map available at the office of the Assateague Island and the south mar- Superintendent—or both. gin of the established Ocean City Inlet (4) Rules of the road. (i) Oversand ve- channel, between Lighted Buoy #10 at hicles shall be operated only in estab- approximate latitude 38.19.30N, lon- lished tracks on designated portions of gitude 75.05.30W and Lighted Buoy #11 the park area. No such vehicles shall be at approximate latitude 38.19.16N, lon- operated on any portion of a dune ex- gitude 75.09.0W cept at posted crossings nor shall such (ii) Chincoteague Bay: PWC may oper- vehicles be driven so as to cut circles ate, transit or launch in waters be- or otherwise needlessly deface the tween the established Park boundary sand. and the western shore of Assateague Is- (ii) Oversand vehicles shall not be land, from Assateague Point north to parked so as to interfere with the flow that portion of Horse Marsh located of traffic on designated oversand due east of the Memorial Park boat routes. Such vehicles may not park ramp on Chincoteague Island. overnight on a beach seaward of the (iii) Oceanside: PWC are allowed to primary dune unless one member of the beach along the ocean side of the island party is actively engaged in fishing at only in the case of personal injury or all times. Towed travel trailers used as mechanical failure.

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(2) The Superintendent may tempo- § 7.67 Cape Cod National Seashore. rarily limit, restrict or terminate access to the areas designated for PWC (a) Off-road operation of motor vehi- use after taking into consideration cles. public health and safety, natural and (1) What do I need to do to operate a ve- cultural resource protection, and other hicle off road? To operate a vehicle off management activities and objectives. road at Cape Cod National Seashore, you must meet the requirements in [35 FR 45, Jan. 3, 1970, as amended at 39 FR 31633, Aug. 30, 1974; 41 FR 15008, Apr. 9, 1976; paragraphs (b) through (e) of this sec- 48 FR 30295, June 30, 1983; 52 FR 10686, Apr. 2, tion. You also must obtain a special 1986; 68 FR 32375, May 30, 2003] permit if you: (i) Will use an oversand vehicle (see § 7.66 North Cascades National Park. paragraphs (a)(6) and (a)(7) of this sec- (a) Bait for fishing. The use of nonpre- tion for details); served fish eggs is permitted. (ii) Will use an oversand vehicle to (b) Snowmobiles. After consideration camp (see paragraph (a)(8) of this sec- of existing special situations, i.e., tion for details); or depth of snow, and depending on local (iii) Are a commercial operator (see weather conditions, the superintendent paragraph (a)(9) of this section for de- may designate as open to the use of tails). snowmobiles the following locations within the National Park: (2) Where and when can I operate my (1) The Cascade River Road between vehicle off road? You may operate a ve- the park boundary and the Cascade hicle off road only under the conditions Pass Trailhead parking area. specified in the following table. How- (2) The Stehekin Valley Road be- ever, the Superintendent may close tween the park boundary and Cotton- any access or oversand route at any wood Camp. time for weather, impassable conditions due to changing beach conditions, [34 FR 11545, July 12, 1969, as amended at 49 FR 19652, May 9, 1984] or to protect resources.

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- chapter, including part 4, as well as the ignated route? Boat trailering and specific provisions of this section. launching by a permitted vehicle from (i) On the beach, you must drive in a a designated open route corridor is per- corridor extending from a point 10 feet mitted. seaward of the spring high tide drift (4) What travel restrictions and special line to the berm crest. You may drive rules must I obey? You must comply below the berm crest only to pass a with all applicable provisions of this temporary cut in the beach, and you

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must regain the crest immediately fol- (7) What requirements must I meet to lowing the cut. Delineator posts mark operate an oversand vehicle? You may the landward side of the corridor in operate an oversand vehicle only if you critical areas. first obtain an oversand permit from (ii) On an inland oversand route, you the Superintendent. The Super- must drive only in a lane designated by intendent administers the permit sys- pairs of delineator posts showing the tem for oversand vehicles and charges sides of the route. fees that are designed to recover NPS (iii) An oversand route is closed at administrative costs. any time that tides, nesting birds, or (i) The oversand permit is a Special surface configuration prevent vehicle Use Permit issued under the authority travel within the designated corridor. of 36 CFR 1.6 and 4.10. You must pro- (iv) When two vehicles meet on the vide the following information for each beach, the operator of the vehicle with vehicle for which you request a permit: the water on the left must yield, except (A) Name and address of registered that self-contained vehicles always owner; have the right of way. (B) Driver’s license number and State (v) When two vehicles meet on a sin- of issue; gle-lane oversand route, the operator of (C) Vehicle license plate number and the vehicle in the best position to yield State of issue; and must pull out of the track only so far (D) Vehicle description, including as necessary to allow the other vehicle year, make, model and color; make, to pass safely, and then must back into model and size of tires. the established track before resuming (ii) Before we issue a permit, you the original direction of travel. must: (vi) If you make a rut or hole while (A) Demonstrate that your vehicle is freeing a stuck vehicle, you must fill equipped as required in paragraph (a)(6) the rut or hole before you remove the of this section; vehicle from the immediate area. (B) Provide evidence that you have (5) What activities are prohibited? The complied with all Federal and State li- following are prohibited: censing registering, inspecting and in- (i) Driving off a designated oversand surance regulations; and route. (C) View an oversand vehicle oper- (ii) Exceeding a speed of 15 miles per ation educational program and ensure hour unless posted otherwise. that all other potential operators view (iii) Parking a vehicle in an oversand the same program. route so as to obstruct traffic. (iii) The Superintendent will affix (iv) Riding on a fender, tailgate, roof, the permit to your vehicle at the time door or any other location on the out- of issuance. side of a vehicle. (iv) You must not transfer your (v) Driving a vehicle across a des- oversand permit from one vehicle to ignated swimming beach at any time another. when it is posted with a sign prohib- (8) What requirements must I meet to iting vehicles. operate an oversand vehicle in the off sea- (vi) Operating a motorcycle on an son? To operate an oversand vehicle be- oversand route. tween November 16 and April 14, you (6) What special equipment must I have must obtain from the Superintendent in my vehicle? You must have in your an oversand permit and a limited ac- vehicle all the equipment required by cess pass. We will issue you a limited the Superintendent, including: access pass if you have a valid oversand (i) Shovel; permit (see paragraph (a)(7) of this sec- (ii) Tow rope, chain, cable or other tion) and if you have viewed an edu- similar towing device; cational program that outlines the spe- (iii) Jack; cial aspects of off season oversand use. (iv) Jack support board; (i) You may operate a vehicle during (v) Low air pressure tire gauge; and the off-season only on the portion of (vi) Five tires that meet or exceed es- the beach between High Head and tablished standards. Hatches Harbor.

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(ii) You must not operate a vehicle (iii) You must provide the following during the off-season within two hours information for each vehicle that will either side of high tide. use a designated oversand route: (iii) We may issue a limited access (A) Name and address of tour com- pass for the following purposes: pany and name of company owner; (A) Access to town shellfish beds at (B) Make and model of vehicle; Hatches Harbor; (C) Vehicle license plate number and (B) Recovery of personal property, State of issue; and flotsam and jetsam from the beach; (D) Number of passenger seats. (C) Caretaker functions at a dune (11) How will the Superintendent man- cottage; or age the off-road vehicle program? (i) The (D) Fishing. Superintendent will issue no more than a combined total of 3400 oversand per- (9) What requirements must I meet to mits annually, including self-contained use an oversand vehicle for camping? You permits. may use an oversand vehicle to camp (ii) The Superintendent will monitor on the beach only in the manner au- the use and condition of the oversand thorized in this section or as author- routes to review the effects of vehicles ized by the Superintendent through an- on natural, cultural, and aesthetic re- other approved permitting process. sources in designated corridors. If the (i) You must possess a valid permit Superintendent finds that resource issued under paragraph (a)(7) of this degradation or visitor impact is occur- section. ring, he/she may amend, rescind, limit (ii) You may camp only in a self-con- the use of, or close designated routes. tained vehicle that you park in a des- The Superintendent will do this con- ignated area. A self-contained vehicle sistent with 36 CFR 1.5 and 1.7 and all has a self-contained water or chemical applicable Executive Orders; toilet and a permanently installed (iii) The Superintendent will consult holding tank with a minimum capacity with the Cape Cod National Seashore of 3 days waste material. There are two Advisory Commission regarding man- designated areas with a maximum agement of the off-road vehicle pro- combined capacity of 100 vehicles. gram. (A) You must drive the self-contained (iv) The Superintendent will recog- vehicle off the beach to empty holding nize and use volunteers to provide edu- tanks at a dumping station at intervals cation, inventorying, monitoring, field of no more than 72 hours. support, and other activities involving (B) Before returning to the beach, off-road vehicle use. The Super- you must notify the Oversand Station intendent will do this in accordance as specified by the Superintendent. with 16 U.S.C. 18 g–j. (iii) You must not drive a self-con- (v) The Superintendent will report tained vehicle outside the limits of a annually to the Secretary of the Inte- designated camping area except when rior and to the public the results of the entering or leaving the beach by the monitoring conducted under this sec- most direct authorized route. tion, subject to availability of funding. (iv) You are limited to a maximum of (12) What are the penalties for violating 21 days camping on the beach from the provisions of this section? Violation July 1 through Labor Day. of a term or condition of an oversand (10) What special requirements must I permit issued in accordance with this meet if I have a commercial vehicle? (i) To section is prohibited. A violation may operate a passenger vehicle for hire on also result in the suspension or revoca- a designated oversand route, you must tion of the permit. obtain a permit from the Super- (13) Has OMB approved the collection intendent. The Superintendent issues of information in this section? As re- the permit under the authority of 36 quired by 44 U.S.C. 3501 et seq., the Of- CFR 1.6, 4.10 and 5.6. fice of Management and Budget has ap- (ii) You must obey all applicable reg- proved the information collection re- ulations in this section and all applica- quirement contained in this section. ble Federal, State and local regula- The OMB approval number is 1024–0026. tions concerning vehicles for hire. We are collecting this information to

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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 Provincetown Airport approximately of safety provided the applicant satis- one-half mile south of Race Point fies the Superintendent that he has Beach in the Provincelands area. proper equipment for cave exploration, (2) Float equipped aircraft may be such as lighting equipment, protective landed only on federally controlled headwear, and appropriate shoes or coastal water in accordance with Fed- boots. Other reasonable administrative eral, State, and local laws and regula- requirements may be imposed by the tions. Superintendent provided reasonable (c) Motorboats. Motorboats are pro- notice of these requirements is given to hibited from all federally owned ponds the applicant. and lakes within the seashore in Truro (3) Solo Exploration. Solo exploration and Provincetown. is not permitted in the caves other (d) Shellfishing. Shellfishing, by per- than in the public archeological ex- mit from the appropriate town, is per- hibit areas. mitted in accordance with applicable Federal, State, and local laws. [35 FR 7557, May 15, 1970] (e) Public nudity. Public nudity, in- § 7.69 Ross Lake National Recreation cluding public nude bathing, by any Area. person on Federal land or water within the boundaries of Cape Cod National (a) Snowmobiles. After consideration Seashore is prohibited. Public nudity is of existing special situations, i.e., a person’s intentional failure to cover depth of snow, and depending on local with a fully opaque covering that per- weather conditions, and subject to any son’s own genitals, pubic areas, rectal and all restrictions or prohibitions fur- area, or female breast below a point ther imposed by the State of Wash- immediately above the top of the are- ington on Highway 20, the super- ola when in a public place. Public place intendent may designate as open to the is any area of Federal land or water use of snowmobiles the following loca- within the Seashore, except the en- tions within the Ross Lake National closed portions of bathhouses, rest- Recreation Area: rooms, public showers, or other public (1) State Highway 20, that portion structures designed for similar pur- normally closed to motor vehicles dur- poses or private structures permitted ing the winter season. within the Seashore, such as trailers or (2) The Hozomeen entrance road from tents. This regulation shall not apply the U.S./Canadian border to the end of to a person under 10 years of age. the road at East Landing. (f) Hunting. (1) Hunting is allowed at (3) Access and circulatory roads in times and locations designated as open the Hozomeen developed area normally for hunting. open to public motor vehicle use. (2) Only deer, upland game, and mi- (4) The Thornton Lake Road from gratory waterfowl may be hunted. State Highway 20 to Thornton Lake (3) Hunting is prohibited from March Trailhead parking area. 1 through August 31 of each year. (5) The Damnation Creek Road from its junction with the Thornton Lake [35 FR 8446, May 29, 1970, as amended at 40 FR 12789, Mar. 21, 1975; 40 FR 19197, May 2, Road to the North Cascades National 1975; 49 FR 18451, Apr. 30, 1984; 50 FR 31181, Park boundary. Aug. 1, 1985; 63 FR 9147, Feb. 24, 1998] (6) The Newhalem Creek Road from State Highway 20 to its junction with § 7.68 Russell Cave National Monu- the down-river road on the south side ment. of the Skagit River. (a) Caves—(1) Closed Areas. Entering, (7) The down-river road on the south exploring, or remaining within any side of the Skagit River from its junc- cave area other than the public archeo- tion with the Newhalem Creek Road to

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the end of the road across the Skagit tainers shall be permitted but will be River from the mouth of Sky Creek. discharged or emptied only at des- (b) Aircraft. The operation of aircraft ignated sanitary pumping stations. is allowed on the entire water surface (d) [Reserved] of Diablo Lake and Ross Lake, except (e) Colorado River white-water boat that operating an aircraft under power trips. The following regulations shall on water surface areas within 1,000 feet apply to all persons using the waters of Diablo Dam or Ross Dam or on those of, or Federally owned land adminis- posted as closed for fish spawning is tered by the National Park Service prohibited. along the Colorado River within Glen (c) Weapons. The following location is Canyon National Recreation Area, designated for target practice between from the Lees Ferry launch ramp the hours of sunrise and sunset, subject downstream to the eastern boundary of to all applicable Federal, State, and Grand Canyon National Park: local laws: in the SE 1⁄4 of sec. 19, and (1) No person shall operate a vessel the NE 1⁄4 of sec. 30, T. 37 N., R. 12 E., engaging in predominantly upstream WM, approximately 200 yards north- travel or having a total horsepower in west of State Route 20 near mile mark- excess of 55 without a permit from the er 119, the area known as the Superintendent. Newhalem rifle range. (2) U.S. Coast Guard approved life [49 FR 19652, May 9, 1984 as amended at 50 FR preservers shall be worn by every per- 51856, Dec. 20, 1985; 54 FR 48869, Nov. 28, 1989] son while traveling in boats or rafts on this section of the river, or while lining § 7.70 Glen Canyon National Recre- or portaging near rough water. One ation Area. extra preserver must be carried on each (a) Designated airstrips. (1) Wahweap, vessel for each ten (10) passengers. latitude 36°59′45″ N., longitude 111°30′45″ (3) No person shall conduct, lead or W. guide a river trip through Glen Canyon (2) Bullfrog, latitude 37°33′00″ N., lon- Recreation Area unless such person gitude 110°42′45″ W. possesses a permit issued by the Super- (3) Halls Crossing, latitude 37°28′10″ intendent of Grand Canyon National N., longitude 110°42′00″ W. Park. The National Park Service re- (4) Hite, latitude 37°53′30″ N., lon- serves the right to limit the number of gitude 110°23′00″ W. such permits issued, or the number of (5) Gordon Flats, latitude 38°10′30″ N., persons traveling on trips authorized longitude 110°09′00″ W. by such permits when in the opinion of (6) The entire surface of Lake Powell, the National Park Service such limita- subject to the restrictions contained in tions are necessary in the interest of § 2.17 of this chapter. public safety or protection of the eco- (b) Unattended property. Vehicles or logical and environmental values of boat trailers, or vehicle/boat trailer the area. combinations, may be left unattended (i) The Superintendent of Grand Can- for periods of up to 14 days, when yon National Park shall issue a permit parked in parking areas adjacent to upon a determination that the person designated boat launching sites, with- leading, guiding, or conducting a river out the prior permission of the Super- trip is experienced in running rivers in intendent. Any vehicle or boat trailer white-water navigation of similar dif- or vehicle/boat trailer combination ficulty, and possesses appropriate which is left in parking areas adjacent equipment, which is identified in the to designated boat launching sites for terms and conditions of the permit. over 14 days may be impounded by the (ii) No person shall conduct, lead, Superintendent. guide, or outfit a commercial river trip (c) Water sanitation. All vessels with without first securing the above permit marine toilets so constructed as to per- and possessing an additional permit au- mit wastes to be discharged directly thorizing the conduct of a commercial into the water shall have such facility or business activity in the recreation sealed to prevent discharge. Chemical area. or other type marine toilets with ap- (iii) An operation is commercial if proved holding tanks or storage con- any fee, charge, or other compensation

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is collected for conducting, leading, (2) A person may not operate a PWC guiding, or outfitting a river trip. A at speed in excess of flat wake speed on river trip is not commercial if there is the Escalante River from Cow Canyon a bona fide sharing of actual expenses. to Coyote Creek. (4) All human waste will be taken out (3) After December 31, 2012, no one of the Canyon and deposited in estab- may operate a PWC that does not meet lished receptacles, or will be disposed the 2006 emission standards set by EPA of by such means as is determined by for the manufacturing of two-stroke the Superintendent. engines. A person operating a PWC (5) No person shall take a dog, cat, or that meets the EPA 2006 emission other pet on a river trip. standards through the use of direct in- (6) The kindling of a fire is permitted jection two-stroke or four-stroke en- only on beaches. All fires must be com- gines, or the equivalent thereof, is not pletely extinguished only with water subject to this prohibition and will be before abandoning the area. allowed to operate as described in this (7) Swimming and bathing are per- section. mitted except in locations immediately (4) The Superintendent may tempo- above rapids, eddies, and riffles or near rarily limit, restrict or terminate ac- rough water. cess to the areas designated for PWC (8) No camping is allowed along the use after taking into consideration Colorado River bank between the Lees public health and safety, natural and Ferry launch ramp and the Navajo cultural resource protection, and other Bridge. management activities and objectives. (9) All persons issued a river trip permit shall comply with all terms and [32 FR 5424, Mar. 31, 1967, as amended at 33 conditions of the permit. FR 11358, Aug. 9, 1968; 34 FR 2206, Feb. 14, 1969; 34 FR 11302, July 8, 1969; 36 FR 23294, (f) Assembly and launching of river Dec. 8, 1971; 40 FR 27030, June 26, 1975; 41 FR rafts and boats. The following regula- 27723, July 6, 1976; 42 FR 25857, May 20, 1977; tions shall apply to all persons des- 48 FR 30295, June 30, 1983; 68 FR 55465, Sept. ignated under paragraph (e) of this sec- 26, 2003] tion (Colorado white-water trips): (1) The assembly and launching of § 7.71 Delaware Water Gap National rafts or boats, and parking or storing Recreation Area. of any related equipment or supplies is (a) [Reserved] restricted to those areas designated by (b) Designated snowmobile routes. (1) A the Superintendent. route in Middle Smithfield Township, (2) Within such designated areas, the Monroe County, Pennsylvania, bounded Superintendent may assign or limit by the Delaware River on the east and space and designate time periods of op- Hidden Lake on the west. The route be- eration for each individual river trip or gins at the Smithfield Beach parking operator. area and is in two loops. Loop One is a (g) PWC. (1) A person may launch and small trail approximately 3 miles long operate a PWC in park waters or beach and follows the west bank of the Dela- a PWC on park lands, except in the fol- ware River and closely parallels the lowing areas: east side of L. R. 45012 (commonly (i) On the Colorado River between known as the River Road). Loop Two is Glen Canyon Dam and the downstream approximately 6 miles long and begins river boundary of Glen Canyon Na- at the northwest end of Loop One; it tional Recreation Area where it adjoins goes northeasterly between the Dela- Grand Canyon National Park. ware River and River Road for about (ii) On the Colorado River upstream one mile until it crosses River Road; of Sheep Canyon. then southwesterly along the ridge (iii) On the San Juan River upstream which is south of Hidden Lake to a of Clay Hills pullout. point opposite the west end of Hidden (iv) On the Escalante River upstream Lake, and then goes southeasterly of Coyote Creek. until it returns to Loop One near River (v) On the Dirty Devil River up- Road. Maps of the route are available stream of Utah Highway 95 bridge. at Smithfield Beach and at the office of

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the superintendent. Both loops are (iv) Three-axle vehicle ...... $10 marked by appropriate signs. (v) Four-axle vehicle ...... $13 (vi) Five or more-axle vehicle ...... $18 (2) [Reserved] (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. (d) Commercial Vehicles. (1) Notwith- (iv) Any vehicle operated by a non- standing the prohibition of commercial profit or educational organization. vehicles set forth at § 5.6 of this chap- (v) Any commercially licensed vehi- ter, the following commercial vehicles cle or vehicle otherwise identified as a are authorized to use that portion of commercial vehicle, when at that par- U.S. Highway 209 located within the ticular time it is being used for non- Delaware Water Gap National Recre- commercial purposes. ation Area: (f) Powerless flight. The use of devices (i) Those operated by businesses designed to carry persons through the based within the recreation area; air in powerless flight is allowed at (ii) Those operated by businesses times and locations designated by the which as of July 30, 1983, operated a superintendent, pursuant to the terms commercial vehicular facility in Mon- and conditions of a permit. roe, Pike, or Northampton Counties, (g) Fishing. Unless otherwise des- PA, and the vehicle operation origi- ignated, fishing in any manner author- nates or terminates at such facility; ized under applicable State law is al- (iii) On a first come-first served lowed. basis, up to 125 northbound and up to 125 southbound commercial vehicles [34 FR 13595, Aug. 23, 1969, as amended at 47 per day serving businesses or persons FR 4256, Jan. 29, 1982; 48 FR 30295, June 30, in Orange County, Rockland County, 1983; 48 FR 46780, 46782, Oct. 14, 1983; 49 FR 9421, Mar. 13, 1984; 49 FR 18451, Apr. 30, 1984; Ulster County or Sullivan County, New 50 FR 34130, Aug. 23, 1985; 51 FR 40419, Nov. 7, York; and 1986; 52 FR 34777, Sept. 15, 1987; 69 FR 57181, (iv) Those operated in order to pro- Sept. 24, 2004] vide services to businesses and persons located in or contiguous to the bound- § 7.72 Arkansas Post National Memo- aries of the recreation area. rial. (2) Contiguous Areas. All land within (a) Launching, beaching, or landing of the exterior boundaries of Lehman, vessels. Except in emergencies, no ves- Delaware, Milford, Dingman, Stroud, sel shall be launched, beached, or land- Westfall, Middle Smithfield, Smithfield ed from or on lands within the Arkan- and Upper Mount Bethel townships is sas Post National Memorial. deemed contiguous to the recreation area. [35 FR 13206, Aug. 19, 1970] (e) Commercial vehicle fees—(1) Fee § 7.73 Buck Island Reef National Schedule: Fees are charged for those Monument. commercial vehicular uses described in paragraphs (d)(1)(i), (ii) and (iii) of this (a) Extractive uses. All extractive uses section based on the number of axles are prohibited within the boundaries of and wheels on a vehicle, regardless of the Monument, including but not lim- load or weight, as follows: ited to harvest or collection (on the land or in the water) of fish for any (i) Two-axle car, van or truck ...... $3 (ii) Two-axle vehicle with trailer ...... $5 use, marine mammals, coastal migra- (iii) Two-axle 6-wheeled vehicle ...... $8 tory pelagic fish, baitfish, lobsters, 129

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conch, whelk, hermit crabs (soldier § 7.74 Virgin Islands National Park. crabs), seashells, corals, dead coral, sea (a) [Reserved] fans, sponges and all associated reef invertebrates, 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 tamper with wrecked or abandoned wa- permitted in writing by an authorized terborne craft of any type or condition, official of the National Park Service. or any cargo pertaining thereto, unless (d) Boats. (1) No watercraft shall be permitted in writing by an authorized operated in such a manner, nor shall official of the National Park Service. anchors or any other mooring device be (d) Boats. (1) No watercraft shall op- cast or dragged or placed, so as to erate in such a manner, nor shall an- strike or otherwise cause damage to chors or any other mooring device be any underwater features. cast or dragged or placed, so as to (2) Anchoring or maneuvering strike or otherwise cause damage to watercraft within the waters that con- any underwater features. tain underwater marked swimming (2) Anchoring or maneuvering trails and interpretive signs is prohib- watercraft within the waters that con- ited. tain underwater marked swimming (3) Vessels desiring to enter Trunk trails and interpretive signs is prohib- Bay must enter and depart between the ited. two outer buoys delineating the pre- (3) Anchoring is prohibited except by scribed anchorage area, and shall an- permit issued by the Superintendent chor within described area, and no for deep sand bottom areas or for ad- other, making sure the vessel will lie ministrative purposes. within this area regardless of wind or (4) Anchoring will be allowed in sea conditions: Except, that hand-pro- emergency situations only to protect pelled craft may be used to transport life and property. passengers and equipment between the (5) All watercraft, carrying pas- anchorage area and the beach. sengers, for hire, shall comply with ap- (4) All vessels carrying passengers for plicable regulations and laws of the hire shall comply with applicable laws U.S. Coast Guard and Territory of the and regulations of the United States Virgin Islands. Coast Guard and Territory of the Vir- (e) Fishing. (1) All forms of fishing are gin Islands. prohibited including, but not limited (e) Fishing. (1) Taking of fishes or any to, spearfishing, rod and reel, hand- other marine life in any way except line, nets, gill or trammel, traps or with rod or line, the rod or line being pots, snares, hooks, poison, cast nets, held in the hand, is prohibited: Pro- trawl, seine, and long-line. vided, That fish may be taken by pots (2) The use or possession of any type or traps of conventional Virgin Islands of fishing equipment or any of the design and not larger than five feet at items listed in paragraph (a) of this the greatest dimension, and bait fish section is prohibited within the bound- may be taken by nets of no greater aries of the Monument. overall length than 20 feet and of mesh [29 FR 17091, Dec. 15, 1964, as amended at 48 not larger than 1 inch stretched: Pro- FR 30295, June 30, 1983; 68 FR 16435, Apr. 4, vided further, That paragraphs (e) (3), 2003] (4), and (5) of this section shall apply.

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(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. possession more than two days’ limit: Provided, That paragraph (e)(5) of this (ii) The route west of Big Shell section shall apply. Beach, locally known as the Back (5) All known means of taking fish, Road. This route begins on the beach crustaceans, mollusks, turtles, or other adjacent to the Gulf of Mexico approxi- marine life are prohibited in Trunk mately three miles south of Bay and in other waters containing un- Yarborough Pass and returns to the derwater signs and markers. beach approximately 15 miles south of Yarborough Pass. [29 FR 17091, Dec. 15, 1964, as amended at 48 (iii) The route beginning on the FR 30296, June 30, 1983] beach adjacent to the Gulf of Mexico § 7.75 Padre Island National Seashore. approximately 11 miles south of Yarborough Pass and ending with its (a) Off-road motor vehicle and motor- intersection with the Back Road ap- cycle operation. (1) The following regulations pertain to the operation of proximately one mile west of the motor vehicles and motorcycles off es- beach. This route is locally known as tablished roads and parking areas. The the Dunn Ranch Road. operation of such vehicles and motor- (iv) Travel is permitted in an area cycles is subject also to the applicable within 200 feet of the north bank of the provisions of part 4 of this chapter and Mansfield Channel, beginning on the paragraphs (e) and (g) of this section. beach adjacent to the Gulf of Mexico (i) No person may operate a motor and ending approximately 3⁄4 mile west vehicle or motorcycle without a valid of the beach. operator’s license or learner’s permit (b) Hunting. (1) Hunting is prohibited, in his possession; an operator who has except that during the open season pre- a learner’s permit must be accom- scribed by State and Federal agencies, panied by an adult who has a valid op- the hunting of waterfowl is allowed erator’s license; a driver’s license or upon the waters of Laguna Madre learner’s permit must be displayed wherever a floating vessel of any type upon the request of any authorized per- is capable of being operated, at what- son. ever tide level may exist. Provided, (ii) In addition to the requirements of however, that the waters surrounding § 4.10 of this chapter, every motor vehi- North and South Bird Islands and other cle and motorcycle must have an oper- designated rookery islands are closed able horn, windshield wiper or wipers to all hunting as posted. Hunting, (except motorcycles), brake light or where authorized, is allowed in accord- lights, and rearview mirror. ance with all applicable Federal, State (iii) Motor vehicles and motorcycles and local laws for the protection of must have valid license plates. wildlife. (iv) Every motor vehicle and motor- (2) The erecting of a structure for use cycle must have a valid State vehicle as a hunting blind is prohibited except inspection certificate when such cer- that a temporary blind may be used

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when removed at the end of each hunt- (2) Operator. As used in this para- ing day. graph, 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, parachute, or in any other way is prohib- oil and gas minerals that are removed ited. from outside the boundaries of the Sea- (4) Riding on fenders, tailgate, roof, shore. or any other position outside of the ve- (3)Exercise of non-Federal Oil and Gas hicle is prohibited. Rights. Before entering the National (f) [Reserved] Seashore for the purpose of conducting (g) Speed. Except where different any operations pursuant to a mineral speed limits are indicated by posted interest authorized under the Act pro- signs or markers, speed of automobiles viding for establishment of the Sea- and other vehicles shall not exceed 25 shore, the operator shall comply with miles per hour where driving is per- the requirements of part 9, subpart B of mitted on the beach. this chapter. (h) Mineral exploration and extrac- (4) All activities relating to the exer- tion—(1) Scope. The regulations in this cise of mineral interests which take paragraph are made, prescribed, and place within the boundaries of the park published pursuant to the Act of Sep- shall be in accordance with an ap- tember 28, 1962, 76 Stat. 651, 16 U.S.C. proved Plan of Operations. 459d–3 (1964), to provide for the occupa- (5) Applicability of State laws. All oper- tion and use of so much of the surface ators, as defined in subparagraph (2) of of the land or waters within the Padre this paragraph shall abide by all rules Island National Seashore—for all purposes reasonably incident to the min- and regulations as may be prescribed ing and removal of oil and gas minerals by the Texas Railroad Commission or and of other minerals which can be re- other authority of the State of Texas. moved by similar means—in a manner [31 FR 3458, Mar. 5, 1966, as amended at 39 FR that will be consistent with develop- 40156, Nov. 14, 1974; 43 FR 6229, Feb. 14, 1978; ment of recreational facilities by the 48 FR 30296, June 30, 1983; 51 FR 35647, Oct. 7, Secretary of the Interior, with surface 1986; 52 FR 10686, Apr. 2, 1987] use of the lands and waters in the Sea- shore by the public for recreational § 7.76 Wright Brothers National Memo- purposes and with preservation of the rial. area’s natural features and values. The (a) Designated airstrip. Wright Broth- provisions of these regulations shall ers National Memorial Airstrip, lo- govern also any right of occupation or cated at Kill Devil Hills, N.C. use of the surface within the bound- (b) Use of airstrip. Except in emer- aries of the Seashore, granted by the gencies, no aircraft may be parked, Secretary subsequent to April 11, 1961, stopped, or left unattended at the des- for the exploration, development, pro- ignated airstrip for more than 24 con- duction, storing, processing or transporting of oil and gas minerals that are secutive hours, or for more than a total removed from outside the boundaries of of 48 hours during any 30-day period. the Seashore. They shall not apply to [32 FR 2564, Feb. 7, 1967] such rights of occupation or use existing on April 11, 1961, which are reasonably necessary.

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§ 7.77 Mount Rushmore National Me- and shoreline to the top of the ridge/ morial. property line. (a) Climbing Mount Rushmore is pro- (E) All terrestrial cave and karst fea- hibited. tures. (F) The Lower Rio Grande area below [32 FR 13071, Sept. 14, 1967] Amistad Dam. § 7.78 Harpers Ferry National Histor- (G) The water area extending 1000 ical Park. feet out from the concrete portion of Amistad Dam. (a) All persons shall register at park (ii) PWC are prohibited from landing headquarters before climbing any por- on any island posted as closed. tion of the cliff face of Maryland (2) The Superintendent may tempo- Heights. A registrant shall check out, rarily limit, restrict or terminate ac- upon completion of climbing, in the cess to the areas designated for PWC manner specified by the registering of- use after taking into consideration ficial. public health and safety, natural and [34 FR 8356, May 30, 1969] cultural resource protection, and other management activities and objectives. § 7.79 Amistad Recreation Area. (a) Hunting. (1) Hunting is allowed at [34 FR 6524, Apr. 16, 1969, as amended at 34 FR 15415, Oct. 3, 1969; 49 FR 18451, Apr. 30, times and locations designated as open 1984; 69 FR 30216, May 27, 2004] for hunting. (2) The hunting season and species al- § 7.80 Sleeping Bear Dunes National lowed to be taken will be designated on Lakeshore. an annual basis by the superintendent. (a) Powerless flight. The use of devices (3) Deer, javelina, and turkey may be designed to carry persons through the taken only by long bow and arrow. air in powerless flight is allowed at Water fowl and game birds may be times and locations designated by the taken only by shotguns and bird shot. superintendent, pursuant to the terms The use of all other weapons for hunt- and conditions of a permit. ing is prohibited. (b) Fishing. Unless otherwise des- (b) Fishing. Unless otherwise designated, fishing in a manner authorized ignated, fishing in a manner authorized under applicable State law is allowed. under applicable State law is allowed. (c) Water sanitation. All vessels with [49 FR 18451, Apr. 30, 1984] marine toilets so constructed as to permit wastes to be discharged directly § 7.81 Point Reyes National Seashore. into the water shall have such facility (a) Powerless flight. The use of devices sealed to prevent discharge. Chemical designed to carry persons through the or other type marine toilets with ap- air in powerless flight is allowed at proved holding tanks or storage con- times and locations designated by the tainers shall be permitted but will be superintendent, pursuant to the terms discharged or emptied only at des- and conditions of a permit. ignated sanitary pumping stations. (d) Personal Watercraft (PWC). (1) [49 FR 18451, Apr. 30, 1984] PWCs are allowed within Amistad Na- tional Recreation Area with the fol- § 7.82 Apostle Islands National Lake- shore. lowing exceptions: (i) The following areas are closed to (a) Fishing. Unless otherwise des- PWC use: ignated, fishing in a manner authorized (A) Hidden Cave Cove (where marked under applicable State law is allowed. by buoys), located on the Rio Grande. (b) Snowmobiles. (1) Snowmobiles may (B) Painted Canyon (where marked be operated for authorized purposes in by buoys), located on the Rio Grande. the following designated areas within (C) Seminole Canyon, starting 0.5 the Lakeshore: miles from the mouth of the Rio (i) The frozen surface of Lake Supe- Grande. rior that surrounds every island from (D) Government coves at Diablo East the shoreline out to the authorized and Rough Canyon to include the water boundary;

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(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 (iii) The 1⁄4 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 (5) Maps showing designated use the shoreline out to the authorized areas are available at park head- boundary; and quarters. (ii) The frozen surface of Lake Supe- (c) Off-road vehicles. (1) Off-road rior from Sand Point to the mainland motor vehicles may be operated for au- unit’s eastern boundary. thorized purposes in the following des- (5) Maps showing designated use ignated areas within the Lakeshore: areas are available at park head- (i) The frozen surface of Lake Supe- quarters. rior that surrounds every island from (6) Use of an ice auger or power en- the shoreline out to the authorized gine on any land surface or frozen boundary; and water surface outside of designated use (ii) The frozen surface of Lake Supe- areas is prohibited without a permit. rior from Sand Point to the mainland unit’s eastern boundary. [49 FR 18451, Apr. 30, 1984, as amended at 70 (2) Off-road motor vehicle use is au- FR 16716, Apr. 1, 2005] thorized solely for the purpose of providing access for legal forms of: § 7.83 Ozark National Scenic (i) Ice fishing; Riverways. (ii) Hunting and trapping; (a) Restrictions for motorized vessels. (1) (iii) Winter camping; On waters situated within the bound- (iv) Other non-motorized recreational aries of Ozark National Scenic activities; and Riverways, the use of a motorized ves- (v) Access to non-NPS property by sel is limited to a vessel equipped with owners, and to NPS properties by ‘‘use an outboard motor only. and occupancy’’ lessees and their (2) For the purposes of this section, guests. horsepower ratings on a particular (3) Off-road motor vehicles may be motor will be based upon the prevailing used for administrative, law enforce- industry standard of power output at ment, and emergency services as deter- the propeller shaft as established by mined by the Superintendent. the manufacturer. (4) Off-road motor vehicle use in (3) The use of a motorized vessel is areas and for purposes other than those allowed as follows:

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(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 (2) Permits. The superintendent may any other service or activity for which issue written permits for scuba diving a fee, charge or other compensation is in springs within the boundaries of the not collected, but which is an integral Ozark National Scenic Riverways; Pro- part, necessary complement, or routine vided, adjunct of or to any commercial trans- (i) That the permit applicant will be action undertaken by that enterprise engaged in scientific or educational infor which monetary or other valuable vestigations which will have demon- consideration is charged or collected, strable value to the National Park even though such transaction is initi- Service in its management or under- ated, performed, or concluded outside standing of riverways resources. the boundaries of the Riverways. (ii) [Reserved] (5) The solicitation of any business, (c) Commercial Activities. The activi- employment, occupation, profession, ties listed herein constitute commer- trade, work or undertaking, which is cial activities which are prohibited engaged in with some continuity, regu- within the boundaries of Ozark Na- larity or permanency for any liveli- tional Scenic Riverways, except in ac- hood, gain, benefit, advantage, or prof- cordance with the provisions of a per- it. mit, contract, or other written agree- (d) Fishing. (1) Unless otherwise des- ment with the United States. The Na- ignated, fishing in a manner authorized tional Park Service reserves the right under applicable State law is allowed. to limit the number of such permits, (2) The superintendent may designate contracts or other written agreements, times and locations and establish con- when, in the judgment of the Service, ditions under which the digging of bait such limitation is necessary in the infor personal use is allowed. terest of visitor enjoyment, public (e) Frogs, turtles and crayfish. (1) The safety, or preservation or protection of superintendent may designate times the resources or values of the and locations and establish conditions Riverways. governing the taking of frogs, turtles (1) The sale or rental of any goods or and/or crayfish upon a written deter- equipment to a member or members of mination that the taking of frogs, tur- the public which is undertaken in the tles and/or crayfish:

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(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, [38 FR 5851, Mar. 5, 1973, as amended at 41 FR to July 1, 1971. 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 water or airborne craft or any cargo (1) Hunting is permitted only during pertaining thereto. designated seasons, as defined for game (c) Fishing. The taking of any fish, animals or birds by the State of Texas. crustaceans, mollusk, or other marine During other periods of the year, no life shall be in compliance with State hunting is permitted. regulations except that: (2) During applicable open seasons, (1) No invertebrates may be taken in only the following may be hunted: water less than five (5) feet in depth. (i) Game animals, rabbits, and feral (2) The taking of abalone and lobsters or wild hogs. for commercial purposes is prohibited (ii) Game birds and migratory game in the following areas: birds. (i) Anacapa Island. Northside to exte- (3) The use of dogs or calling devices rior boundary of the monument be- for hunting game animals or fur-bear- tween east end of Arch Rock 119°21′– ing animals is prohibited. 34°01′ and west end of island, 119°27′– (4) The use or construction of stands, 34°01′. blinds or other structures for use in (ii) Santa Barbara Island. Eastside to hunting or for other purposes is prohib- exterior boundary of monument 119°02′– ited. 33°28′ and 119°02′–33°29′30″. (b) Trapping. Trapping, for fur-bear- (3)(i) The use of all nets is prohibited ing animals only, is permitted in ac- within the outer edge of the kelp line cordance with § 2.2 of this chapter. surrounding Anacapa and Santa Bar- (c) Hunting and Trapping Permits. In bara Islands. addition to applicable State licenses or (ii) The use of trammel or gill nets is permits, a permit from the Super- prohibited in less than 20 fathoms of intendent is required for hunting or water in all areas surrounding Anacapa trapping on Preserve lands. Permits and Santa Barbara Islands. will be available, free of charge, at Pre- (4) The Superintendent shall require serve headquarters and can be obtained all persons fishing commercially within person or by mail. in Channel Islands National Monu- (d) Firearms, Traps, and Other Weap- ment, on waters open for this purpose, ons. Except as otherwise provided in to obtain an annual permit from him. this paragraph, § 2.4 of this chapter Such permits shall be issued on request shall be applicable to Preserve lands. except that: (1) During open hunting or trapping (i) Lobster permits for Anacapa and seasons, the possession and use of fire- Santa Barbara Islands will be issued arms or other devices capable of de- only to applicants who filed with the stroying animal life is permitted in ac- California State Department of Fish cordance with § 2.4 of this chapter. and Game fish receipts for lobsters (2) The possession of firearms or caught at Anacapa and Santa Barbara other weapons at night, from one hour

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after sunset to one hour before sunrise the use of any areas and routes other- is prohibited. wise designated for use of motor vehi- [45 FR 46072, July 9, 1980, as amended at 48 cles, or close or restrict such areas or FR 30296, June 30, 1983] routes to the use of particular types of motor vehicles by the posting of appro- § 7.86 Big Cypress National Preserve. priate signs, or by marking on a map (a) Motorized vehicles—(1) Definitions. which shall be available for public in- (i) The term ‘‘motorized vehicle’’ spection at the office of the Super- means automobiles, trucks, glades or intendent, or both. In determining swamp buggies, airboats, amphibious whether to close or restrict the uses of or air cushion vehicles or any other de- the areas or routes under this para- vice propelled by a motor and designed, graph, the Superintendent shall be modified for or capable of cross coun- guided by the criteria contained in sec- try travel on or immediately over land, tions 3 and 4 of E.O. 11644 (37 FR 2877) water, marsh, swampland or other ter- as amended, and shall also consider rain, except boats which are driven by factors such as other visitor uses, safe- a propeller in the water. ty, wildlife management, noise, ero- (ii) The term ‘‘operator’’ means any sion, geography, vegetation, resource person who operates, drives, controls protection, and other management con- or has charge of a motorized vehicle. siderations. Prior to making a tem- (iii) The term ‘‘Preserve lands’’ porary or permanent closure the Super- means all federally owned or controlled intendent shall consult with the execu- lands and waters administered by the National Park Service within the tive director of the Florida Game and boundaries of the Preserve. Fresh Water Fish Commission. Prior to (2) Travel in Preserve areas. (i) Unless instituting a permanent closure of an closed or restricted by action of the area or route, notice of such intention Superintendent under paragraph shall be published in the FEDERAL REG- (a)(2)(iii), the following areas, which ISTER and the public shall be provided a are shown on a map numbered BC–91– period of 30 days to comment. 001, dated November 1975, and available (3) Operations, limitations and equip- for public inspection at the office of ment—(i) Vehicle operation. (A) Motor- the Superintendent, are open to motorized vehicle permits shall be required ized vehicles: after December 21, 1980. (A) The area south and west of Loop (B) Motorized vehicles shall not be Road (State Road #B94). operated in a manner causing, or likely (B) The area north of Tamiami Trail. to cause, significant damage to or dis- (ii) The following areas which are turbance of the soil, wildlife habitat, shown on a map numbered BC–91–001, improvements, cultural, or vegetative dated November 1975, and available for resources. Cutting, grading, filling or public inspection at the office of the ditching to establish new trails or to Superintendent, are closed to motor- improve old trails is prohibited, except ized vehicles: under written permit where necessary (A) The areas between the Loop Road in the exploration for, extraction or re- (State Hwy. #B94) and the Tamiami moval of oil and gas. Trail (U.S. Hwy. #B41), except that the Superintendent may issue a permit to (ii) Vehicle Limitations and Equip- provide for reasonable access by legal ment. residents or to provide access by au- (A) [Reserved] thorized oil and gas companies. (B) The Superintendent, by the post- (B) Big Cypress Florida Trail, Sec- ing of appropriate signs or by marking tion 1, One marked main hiking trail, on a map, which shall be available for from Tamiami Trail to Alligator Alley; public inspection at the office of the and the two marked loop trails are Superintendent, may require during closed to the use of all motorized vehi- dry periods, that a motorized vehicle or cles, except that vehicles may cross the a particular class of motorized vehicle, trails. operated off established roads and (iii) The Superintendent may tempo- parking areas, shall be equipped with a rarily or permanently close or restrict spark arrestor that meets Standard

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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- pheric conditions. poses as managed hunting programs ex- (D) Airboats and amphibious vehicles ecuted in accordance with applicable shall fly a safety flag at least 10 inches State Game and Fish laws and regula- wide by 12 inches long at a minimum tions, use of existing roads and trails, height of 10 feet above the bottom of and unrestricted public access. the vehicle or boat, and shall display (c) Aircraft: Designated landing sites. one white light aft visible for 360° at a (1) Except as provided below, aircraft distance of 500 feet when running dur- may be landed in the preserve only at ing the period from one-half hour be- improved landing strips for which a fore sunset to one-half hour after sun- permit has been issued and which were rise. in existence and in usable condition at (b) Camp structures. (1) Buildings or the time the lands were acquired for other structures on lands not owned by preserve purposes, or the effective date claimants to these structures existing of these regulations, whichever occurs prior to the effective date of these reg- first. A permit may be issued to the ulations, may be occupied and used by former land owner or airstrip user upon said claimants pursuant to a nonrenew- application to the Superintendent. The able, nontransferrable permit. This use application shall include a sketch shall be for a maximum term of five (5) showing location; a copy of the airstrip years from the date of Federal acquisi- license, if any; a description of the size tion for preserve purposes of the land of strip, type of landing surface, height upon which the structures are situated of obstructions, special markings; and or five years from the effective date of a list of the camps served. these regulations, whichever occurs (2) A map showing the locations, size, first: Provided, however, That the and limitations of each airstrip des- claimant to the structures by applica- ignated under a permit shall be avail- tion: able for public inspection at the office (i) Reasonably demonstrates by affi- of the Superintendent. davit, bill of sale or other documenta- tion proof of possessory interest or (3) Rotorcraft used for purposes of oil right of occupancy in the cabin or and gas exploration or extraction, as structure; provided for in part 9, subpart B of this (ii) Submits a sketch and photograph chapter, may be operated only in ac- of the cabin or structure and a map cordance with an approved operating showing its geographic location; plan or a permit issued by the Super- (iii) Agrees to vacate or remove the intendent. structure from the preserve upon the (d) [Reserved] expiration of the permit, and (e) Hunting, Fishing, Trapping and (iv) Acknowledges in the permit that Gathering. (1) Hunting, fishing and he/she has no interest in the real prop- trapping are permitted in accordance erty. with the general regulations found in (2) Structures built after the effec- parts 1 and 2 of this chapter and appli- tive date of these regulations will be cable Florida law governing Coopera- removed upon acquisition by the Fed- tive Wildlife Management Areas.

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(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 owners or lessees who were actually using [44 FR 45128, Aug. 1, 1979, as amended at 48 land within the Preserve for grazing FR 30296, June 30, 1983] 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 purposes (See 36 CFR 2.60). (a) Is public nudity prohibited at (2) Such permit may be renewed dur- Kaloko-Honokohau National Historical ing the lifetime of the permittee or his Park? Yes. Public nudity, including spouse. nude bathing, by any person on Federal (3) The breach of any of the terms or land or water within the boundaries of conditions of the permit or the regula- Kaloko-Honokohau National Historical tions applicable thereto shall be Park is prohibited. This section does grounds for termination, suspension or not apply to a person under 10 years of denial of grazing privileges. age. (4) Except as provided below, failure (b) What is public nudity? Public nu- to use land under permit for grazing or dity is a person’s failure, when in a to renew the permit shall automati- public place, to cover with a fully cally terminate the permit and grazing opaque covering that person’s genitals, privileges. The Superintendent may pubic areas, rectal area or female issue a nonuse permit on an annual breast below a point immediately basis not to exceed three consecutive above the top of the areola. years, except that nonuse beyond this (c) What is a public place? A public time may be permitted if necessitated place is any area of Federal land or by reasons clearly outside the control water subject to Federal jurisdiction of the permittee. within the boundaries of Kaloko- (5) Annual fees based on Depart- Honokohau National Historical Park, mental regulations (43 CFR 4125.1–1 except the enclosed portions of rest- (m)) will be charged for all livestock rooms or other structures designed for grazing upon preserve lands. privacy or similar purposes. (6) Each permittee shall comply with the range management plan approved [64 FR 19483, Apr. 21, 1999] by the Superintendent for the area under permit. § 7.88 Indiana Dunes National Lake- shore. (7) State laws and regulations relating to fencing, sanitation and branding (a) Fishing. Unless otherwise des- are applicable to graziers using pre- ignated, fishing in a manner authorized serve lands. under applicable State law is allowed. (8) The National Park Service re- (b) Powerless flight. The use of devices serves the right to full and unre- to carry persons through the air in stricted use of the lands under permit powerless flight is allowed at times and

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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 the superintendent, gold panning is al- (a) Hunting—(1) May I hunt within lowed on all streams. Streams, or por- New River Gorge National River? Yes, tions thereof, that are designated you may hunt if you: closed to gold panning are marked on a (i) Possess a valid West Virginia 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 super- (iii) Do not violate any closures or intendent shall establish the special limitations established by the Super- recreation permit fee in accordance intendent for reasons of public safety, with regulations in part 71 of this chap- resource protection, or other manage- ter. ment considerations. (iii) A person may remove gold from (2) Do West Virginia state hunting laws the Unit only in accordance with these apply within New River Gorge National regulations. River? Yes, non-conflicting State hunt- (3) The following are prohibited: ing laws are adopted as part of the reg- (i) Removing gold by any method ulations in this section and apply with- other than gold panning, including, but in New River Gorge National River. not limited to, the use of suction, a (b) [Reserved] crevice cleaner, screen separator, view box, sluice box, rocker, dredge or any [68 FR 55317, Sept. 25, 2003] other mechanical or hydraulic device, or skin diving equipment such as a § 7.90 [Reserved] snorkel, mask or wetsuit. § 7.91 Whiskeytown Unit, (ii) Using any toxic substance or Whiskeytown-Shasta-Trinity Na- chemical, including mercury, in gold tional Recreation Area. panning activities. (a) Water sanitation. (1) Vessels with (iii) Conducting gold panning outside marine toilets so constructed as to per- the confines of existing stream water mit wastes to be discharged directly levels, or digging into a stream bank, into the water shall have such facili- or digging that results in the disturb- ties sealed to prevent discharge. ance of the ground surface or the un- (2) Chemical or other type marine dermining of any vegetation, historic toilets with approved holding tanks or feature or bridge abutment. storage containers will be permitted, [36 FR 14267, Aug. 3, 1971, as amended at 38 but will be discharged or emptied only FR 5245, Feb. 27, 1973; 49 FR 18452, Apr. 30, at designated sanitary pumping sta- 1984; 54 FR 23649, June 2, 1989] tions. (b) Overnight occupancy of a vessel § 7.92 Bighorn Canyon National Recre- on the Whiskeytown Lake is prohib- ation Area. ited. (a) Aircraft-designated airstrip. (1) Fort (c) Powerless flight. The use of devices Smith landing strip, located at approx- designed to carry persons through the imate latitude 45°19′ N., approximate air in powerless flight is allowed at longitude 107°55′41″ W. in the times and locations designated by the S1⁄2S1⁄2SE1⁄4 sec. 8, and the S1⁄2SW1⁄4SW1⁄4 superintendent, pursuant to the terms sec. 9, T. 6 S., R. 31 E., Montana Prin- and conditions of a permit. cipal Meridian. (d) Gold Panning. (1) As used in this (2) [Reserved] section, the term ‘‘gold panning’’ (b) Snowmobiles. (1) Designated routes means the attempted or actual removal to be open to snowmobile use: On the

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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 (vi) From Yellowtail Dam upstream off this main route to Mormon Point, to the log boom. north and south mouth of Jim Creek, (vii) In Bighorn Lake and shoreline South Narrows, and the lakeshore road south of the area known as the South between Mormon Point and the south Narrows (legal description R94W, T57N mouth of Jim Creek. On the east side at the SE corner of Section 6, the SW of Bighorn Lake beginning at the junction 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] motor vehicles used by the public. These routes will be marked by signs, § 7.93 Guadalupe Mountains National snow poles or other appropriate means. Park. The superintendent shall determine the (a) Cave entry. No person shall enter opening and closing dates for use of any cave or passageway of any cave designated snowmobile routes each without a permit. year. Routes will be open to snowmobile travel when they are considered [48 FR 30296, June 30, 1983] to be safe for travel but not necessarily free of safety hazards. Snowmobiles §§ 7.94–7.95 [Reserved] may travel in these areas with the permission of the superintendent, but at § 7.96 National Capital Region. their own risk. (a) Applicability of regulations. This (3) Snowmobile use outside des- section applies to all park areas admin- ignated routes is prohibited. istered by National Capital Region in (c) Fishing. Unless otherwise des- the District of Columbia and in Arling- ignated, fishing in any manner author- ton, Fairfax, Loudoun, Prince William, ized under applicable State law is al- and Stafford Counties and the City of lowed. Alexandria in Virginia and Prince (d) Personal Watercraft (PWC). (1) Georges, Charles, Anne Arundel, and PWC use is allowed in Bighorn Canyon Montgomery Counties in Maryland and National Recreation Area, except in to other federal reservations in the en- the following areas: virons of the District of Columbia, (i) In the gated area south of policed with the approval or concur- Yellowtail Dam’s west side to spillway rence of the head of the agency having entrance works and Bighorn River jurisdiction or control over such res- from Yellowtail Dam to cable 3,500 feet ervations, pursuant to the provisions of north. the act of March 17, 1948 (62 Stat. 81).

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(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. (4) Ice skating. Ice skating is prohib- (iii) Passenger-carrying vehicles for ited except in areas and at times des- hire or compensation, other than those ignated by the Superintendent. Skat- to which paragraphs (f)(2) (i) and (ii) of ing in such a manner as to endanger this section apply, are allowed on the the safety of other persons is prohib- George Washington Memorial Parkway ited. upon issuance of a permit by the Re- (c) Model planes. Flying a model pow- gional Director, under the following ered plane from any park area is pro- conditions: hibited without a permit. (d) Fishing. Unless otherwise des- (A) When operating on a regular ignated, fishing in a manner authorized schedule: to provide passenger service under applicable State law is allowed. on any portion between Mount Vernon (e) Swimming. Bathing, swimming or and the Arlington Memorial Bridge, or wading in any fountain or pool except to provide limited direct nonstop pas- where officially authorized is prohib- senger service from Key Bridge to a ited. Bathing, swimming or wading in terminus at the Central Intelligence the Tidal Basin, the Chesapeake and Agency Building at Langley, Virginia, Ohio Canal, or Rock Creek, or entering and direct return, or to provide limited from other areas covered by this sec- direct nonstop passenger service from tion the Potomac River, Anacostia the interchange at Route 123 to a ter- River, Washington Channel or George- minus at the Central Intelligence town Channel, except for the purpose of Agency Building at Langley, Virginia, saving a drowning person, is prohib- and direct return. Permittees shall file ited. a schedule of operation and all sched- (f) Commercial vehicles and common ule changes with the Regional Director carriers—(1) Operation in park areas pro- showing the number of such vehicles hibited; exceptions. Commercial vehicles and total miles to be operated on the and common carriers, loaded or un- parkway. loaded, are prohibited on park roads (B) When operating nonscheduled di- and bridges except on the section of rect, nonstop service primarily for the Constitution Avenue east of 19th accommodation of air travelers arriv- Street or on other roads and bridges ing at or leaving from Dulles Inter- designated by the Superintendent, or national Airport or Washington Na- when authorized by a permit or when tional Airport: between Dulles Inter- operated in compliance with paragraph national Airport and a terminal in (f)(2) of this section. Washington, DC, over the George

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Washington Memorial Parkway be- cabs’ leaving the area by the shortest tween Virginia Route 123 and Key route. Bridge; or between Washington Na- (ii) Stands. The Superintendent may tional Airport and a terminal in Wash- designate taxicab stands in suitable ington, D.C., over the George Wash- and convenient locations to serve the ington Memorial Parkway between public. Washington National Airport and 14th (4) The provisions of this section pro- Street Bridge; or between Dulles Inter- hibiting commercial trucks and com- national Airport and Washington Na- mon carriers do not apply within other tional Airport over the George Wash- Federal reservations in the environs of ington Memorial Parkway between the District of Columbia and do not Virginia Route 123 and Washington Na- apply on that portion of Suitland Park- tional Airport. Permittees shall file a way between the intersection with report of all operations and total miles Maryland Route 337 and the end of the operated on the George Washington Parkway at Maryland Route 4, a length Memorial Parkway with the Regional of 0.6 mile. Director. (g) Demonstrations and special events— (C) Permits are issued to operators of (1) Definitions. (i) The term ‘‘dem- vehicles described in paragraphs onstrations’’ includes demonstrations, (f)(2)(iii) (A) and (B) normally for a pe- picketing, speechmaking, marching, riod of one year, effective from July 1 holding vigils or religious services and until the following June 30, at the rate all other like forms of conduct which of one cent (1) per mile for each mile involve the communication or expres- each such vehicle operates upon the sion of views or grievances, engaged in parkway. Payment shall be made quar- by one or more persons, the conduct of terly within twenty (20) days after the which has the effect, intent or propen- end of the quarter based upon a certifi- sity to draw a crowd or onlookers. This cation by the operator of the total term does not include casual park use mileage operated upon the parkway. by visitors or tourists which does not (iv) Sightseeing passenger-carrying have an intent or propensity to attract vehicles for hire or compensation other a crowd or onlookers. than taxicabs may be permitted on the (ii) The term ‘‘special events’’ in- George Washington Memorial Parkway cludes sports events, pageants, celebra- upon issuance of a permit by the Re- tions, historical reenactments, regat- gional Director, to provide sightseeing tas, entertainments, exhibitions, pa- service on any portion of the parkway. rades, fairs, festivals and similar Permits may be issued either on an an- events (including such events presented nual basis for a fee of three dollars by the National Park Service), which ($3.00) for each passenger-carrying seat are not demonstrations under para- in such vehicle; on a quarterly basis for graph (g)(1)(i) of this section, and a fee of seventy-five cents (75) per seat; which are engaged in by one or more or on a daily basis at the rate of one persons, the conduct of which has the dollar ($1.00) per vehicle per day. effect, intent or propensity to draw a (3) Taxicabs—(i) Operations around crowd or onlookers. This term also Memorials. Parking, except in des- does not include casual park use by ignated taxicab stands, or cruising on visitors or tourists which does not have the access roads to the Washington an intent or propensity to attract a Monument, the Lincoln Memorial, the crowd or onlookers. Jefferson Memorial, and the circular (iii) The term ‘‘national celebration roads around the same, of any taxicab events’’ means the annually recurring or hack without passengers is prohib- special events regularly scheduled by ited. However, this section does not the National Capital Region, which are prohibit the operation of empty cabs listed in paragraph (g)(4)(i) of this sec- responding to definite calls for hack tion. service by passengers waiting at such (iv) The term ‘‘White House area’’ Memorials, or of empty cabs which means all park areas, including side- have just discharged passengers at the walks adjacent thereto, within these entrances of the Memorials, when such bounds; on the south, Constitution Av- operation is incidental to the empty enue NW.; on the north, H Street NW.;

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on the east, 15th Street, NW.; and on the 25-person maximum under this pro- the west, 17th Street NW. vision or will not unreasonably inter- (v) The term ‘‘White House sidewalk’’ fere with other demonstrations or spe- means the south sidewalk of Pennsyl- cial events. vania Avenue NW., between East and (ii) Demonstrations may be held in West Executive Avenues NW. the following park areas without a per- (vi) The term ‘‘Lafayette Park’’ mit provided that the conduct of such means the park areas, including side- demonstrations is reasonably con- walks adjacent thereto, within these sistent with the protection and use of bounds: on the south, Pennsylvania Av- the indicated park area and the other enue NW.; on the north, H Street NW.; requirements of this section. The nu- on the east, Madison Place NW.; and on merical limitations listed below are ap- the west, Jackson Place NW. plicable only for demonstrations con- (vii) The term ‘‘Ellipse’’ means the ducted without a permit in such areas. park areas, including sidewalks adja- Larger demonstrations may take place cent thereto, within these bounds: on in these areas pursuant to a permit. the south, Constitution Avenue NW.; (A) Franklin Park. Thirteenth Street, on the north, E Street, NW.; on the between I and K Streets NW., for no west, 17th Street NW.; and on the east, more than 500 persons. 15th Street NW. (B) McPherson Square. Fifteenth (viii) The term ‘‘Regional Director’’ Street, between I and K Streets NW., means the official in charge of the Na- for no more than 500 persons. tional Capital Region, National Park (C) U.S. Reservation No. 31. West of Service, U.S. Department of the Inte- 18th Street and south of H Street NW., rior, or an authorized representative for no more than 100 persons. thereof. (D) Rock Creek and Potomac Parkway. (ix) The term ‘‘other park areas’’ in- West of 23rd Street, south of P Street cludes all areas, including sidewalks NW., for no more than 1,000 persons. adjacent thereto, other than the White (E) U.S. Reservation No. 46. North side House area, administered by the Na- of Pennsylvania Avenue, west of tional Capital Region. Eighth Street and south of D Street, (x) The term ‘‘Vietnam Veterans Me- SE., for no more than 25 persons and morial’’ means the structures and adja- south of D Street SE., for no more than cent areas extending to and bounded by 25 persons. the south curb of Constitution Avenue (3) Permit applications. Permit appli- on the north, the east curb of Henry cations may be obtained at the Office Bacon Drive on the west, the north side of Public Affairs, National Capital Re- of the north Reflecting Pool walkway gion, 1100 Ohio Drive SW., Washington, on the south and a line drawn perpen- DC 20242. Applicants shall submit per- dicular to Constitution Avenue two mit applications in writing on a form hundred (200) feet from the east tip of provided by the National Park Service the memorial wall on the east (this is so as to be received by the Regional Di- also a line extended from the east side rector at least 48 hours in advance of of the western concrete border of the any proposed demonstration or special steps to the west of the center steps to event. This 48-hour period will be the Federal Reserve Building extending waived by the Regional Director if the to the Reflecting Pool walkway). size and nature of the activity will not (2) Permit requirements. Demonstra- reasonably require the commitment of tions and special events may be held park resources or personnel in excess of only pursuant to a permit issued in ac- that which are normally available or cordance with the provisions of this which can reasonably be made avail- section except: able within the necessary time period. (i) Demonstrations involving 25 per- The Regional Director shall accept persons or fewer may be held without a mit applications only during the hours permit provided that the other condi- of 8 a.m.–4 p.m., Monday through Fri- tions required for the issuance of a per- day, holidays excepted. All demonstra- mit are met and provided further that tion applications, except those seeking the group is not merely an extension of waiver of the numerical limitations ap- another group already availing itself of plicable to Lafayette Park (paragraph

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(g)(5)(ii) of this section), are deemed cated in order of receipt of fully exe- granted, subject to all limitations and cuted applications, subject to the limi- restrictions applicable to said park tations set forth in this section. Pro- area, unless denied within 24 hours of vided, however, that the following na- receipt. However, where a permit has tional celebration events have priority been granted, or is deemed to have use of the particular park area during been granted pursuant to this sub- the indicated period. section, the Regional Director may re- (A) Christmas Pageant of Peace. In the voke that permit pursuant to para- oval portion of the Ellipse only, during graph (g)(6) of this section. approximately the last three weeks in (i) White House area. No permit may December. be issued authorizing demonstrations (B) Cherry Blossom Festival. In the in the White House area, except for the Japanese Lantern area adjacent to the White House sidewalk, Lafayette Park Tidal Basin and on the Ellipse and the and the Ellipse. No permit may be Washington Monument Grounds adja- issued authorizing special events, ex- cent to Constitution Avenue, between cept for the Ellipse, and except for an- 15th & 17th Streets NW., for six days nual commemorative wreath-laying usually in late March or early April. ceremonies relating to the statutes in (C) Fourth of July Celebration. On the Lafayette Park. Washington Monument Grounds. (ii) Other park areas. No permits may (D) Festival of American Folklife. In be issued authorizing demonstrations the area bound on the south by Jeffer- or special events in the following other son Drive NW.; on the north by Madi- park areas: son Drive NW.; on the east by 7th (A) The Washington Monument, Street NW.; on the west by 14th Street which means the area enclosed within NW., for a two-week period in approxi- the inner circle that surrounds the mately late June and early July. Monument’s base, except for the offi- (E) Columbus Day Commemorative cial annual commemorative Wash- Wreath-Laying. At the Columbus statue ington birthday ceremony. on the Union Plaza on Columbus Day. (B) The Lincoln Memorial, which (F) Inaugural ceremonies. The White means that portion of the park area House sidewalk and Lafayette Park, which is on the same level or above the exclusive of the northeast quadrant, base of the large marble columns sur- for the exclusive use of the Inaugural rounding the structure, and the single Committee on Inauguration Day. series of marble stairs immediately ad- (ii) Other demonstrations or special jacent to and below that level, except events are permitted in park areas for the official annual commemorative under permit to the National Celebra- Lincoln birthday ceremony. tion Events listed in this paragraph to (C) The Jefferson Memorial, which the extent that they do not signifi- means the circular portion of the Jef- cantly interfere with the National ferson Memorial enclosed by the outer- Celebration Events. No activity con- most series of columns, and all por- taining structures is permitted closer tions on the same levels or above the than 50 feet to another activity con- base of these columns, except for the taining structures without the mutual official annual commemorative Jeffer- consent of the sponsors of those activi- son birthday ceremony. ties. (D) The Vietnam Veterans Memorial, (iii) A permit may be denied in writ- except for official annual Memorial ing by the Regional Director upon the Day and Veterans Day commemorative following grounds: ceremonies. Note: The darkened por- (A) A fully executed prior application tions of the diagrams at the conclusion for the same time and place has been of paragraph (g) of this section show received, and a permit has been or will the areas where demonstrations or spe- be granted authorizing activities which cial events are prohibited. do not reasonably permit multiple oc- (4) Permit processing. (i) Permit appli- cupancy of the particular area; in that cations for demonstrations and special event, an alternate site, if available for events are processed in order of receipt, the activity, will be proposed by the and the use of a particular area is allo- Regional Director to the applicant.

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(B) It reasonably appears that the faith all reasonable action, including proposed demonstration or special the provision of sufficient marshals, to event will present a clear and present insure good order and self-discipline in danger to the public safety, good order, conducting such demonstration and or health. any necessary movement of persons, so (C) The proposed demonstration or that the numerical limitations and special event is of such a nature or du- waiver provisions described in para- ration that it cannot reasonably be ac- graphs (g)(5) (i) and (ii) of this section commodated in the particular area ap- are observed. plied for; in that event, the Regional (iv) No permit will be issued author- Director shall propose an alternate site izing demonstrations or special events to the applicant, if available for the ac- in excess of the time periods set out tivity; in this connection, the Regional below: Provided, however, that the stat- Director shall reasonably take into ac- ed periods will be extended for dem- count possible damage to the park, in- onstrations only, unless another appli- cluding trees, shrubbery, other plant- cation requests use of the particular ings, park installations and statues. area and said application precludes (D) The application proposes activi- double occupancy: ties contrary to any of the provisions (A) White House area, except the El- of this section or other applicable law lipse: Seven days. or regulation. (B) The Ellipse and all other park (5) Permit limitations. Issuance of a areas: Three weeks. permit is subject to the following limi- (v) The Regional Director may re- tations: strict demonstrations and special (i) No more than 750 persons are per- events weekdays (except holidays) be- mitted to conduct a demonstration on tween the hours of 7:00 to 9:30 a.m. and the White House sidewalk at any one 4:00 to 6:30 p.m. if it reasonably appears time. necessary to avoid unreasonable inter- (ii) No more than 3,000 persons are ference with rush-hour traffic. permitted to conduct a demonstration (vi) Special events are not permitted in Lafayette Park at any one time. unless approved by the Regional Direc- (A) The Regional Director may waive tor. In determining whether to approve the 3,000 person limitation for Lafay- a proposed special event, the Regional ette Park and/or the 750 person limita- Director shall consider and base the de- tion for the White House Sidewalk termination upon the following cri- upon a showing by the applicant that teria: good faith efforts will be made to plan (A) Whether the objectives and pur- and marshal the demonstration in such poses of the proposed special event re- a fashion so as to render unlikely any late to and are within the basic mis- substantial risk of unreasonable dis- sion and responsibilities of the Na- ruption or violence. tional Capital Region, National Park (B) In making a waiver determina- Service. tion, the Regional Director shall con- (B) Whether the park area requested sider and the applicant shall furnish at is reasonably suited in terms of acces- least ten days in advance of the pro- sibility, size, and nature of the proposed demonstration, the functions the posed special event. marshals will perform, the means by (C) Whether the proposed special which they will be identified, and their event can be permitted within a rea- method of communication with each sonable budgetary allocation of Na- other and the crowd. This requirement tional Park Service funds considering will be satisfied by completion and sub- the event’s public appeal, and the an- mission of the same form referred to in ticipated participation of the general paragraph (g)(3) of this section. public therein. (iii) No permit will be issued for a (D) Whether the proposed event is du- demonstration on the White House plicative of events previously offered in Sidewalk and in Lafayette Park at the National Capital Region or elsewhere same time except when the organiza- in or about Washington, DC. tion, group, or other sponsor of such (E) Whether the activities con- demonstration undertakes in good templated for the proposed special

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event are in conformity with all appli- park area by other permittees author- cable laws and regulations. ized under this section. (vii) In connection with permitted (E) Individuals or groups of 25 per- demonstrations or special events, tem- sons or fewer demonstrating under the porary structures may be erected for small group permit exemption of para- the purpose of symbolizing a message graph (g)(2)(i) of this section are not al- or meeting logistical needs such as lowed to erect temporary structures first aid facilities, lost children areas other than small lecterns or speakers’ or the provision of shelter for elec- platforms. This provision does not re- trical and other sensitive equipment or strict the use of portable signs or ban- displays. Temporary structures may ners. not be used outside designated camping (viii) No signs or placards shall be areas for living accommodation activi- permitted on the White House sidewalk ties such as sleeping, or making prep- except those made of cardboard, arations to sleep (including the laying posterboard or cloth having dimensions down of bedding for the purpose of no greater than three feet in width, sleeping), or storing personal belong- twenty feet in length, and one-quarter ings, or making any fire, or doing any inch in thickness. No supports shall be digging or earth breaking or carrying permitted for signs or placards except on cooking activities. The above-listed those made of wood having cross-sec- activities constitute camping when it tional dimensions no greater than reasonably appears, in light of all the three-quarter of an inch by three-quar- circumstances, that the participants, ter of an inch. Stationary signs or plac- in conducting these activities, are in ards shall be no closer than three feet fact using the area as a living accom- from the White House sidewalk fence. modation regardless of the intent of All signs and placards shall be attended the participants or the nature of any at all times that they remain on the other activities in which they may also White House sidewalk. Signs or plac- be engaging. Temporary structures are ards shall be considered to be attended permitted to the extent described only when they are in physical contact above, provided prior notice has been with a person. No signs or placards given to the Regional Director, except shall be tied, fastened, or otherwise at- that: tached to or leaned against the White House fence, lamp posts or other struc- (A) Structures are not permitted on tures on the White House sidewalk. No the White House sidewalk. signs or placards shall be held, placed (B) All such temporary structures or set down on the center portion of shall be erected in such a manner so as the White House sidewalk, comprising not to harm park resources unreason- ten yards on either side of the center ably and shall be removed as soon as point on the sidewalk; Provided, how- practicable after the conclusion of the ever, that individuals may demonstrate permitted demonstration or special while carrying signs on that portion of event. the sidewalk if they continue to move (C) The Regional Director may im- along the sidewalk. pose reasonable restrictions upon the (ix) No parcel, container, package, use of temporary structures in the in- bundle or other property shall be terest of protecting the park areas in- placed or stored on the White House volved, traffic and public safety consid- sidewalk or on the west sidewalk of erations, and other legitimate park East Executive Avenue NW., between value concerns. Pennsylvania Avenue NW., and E (D) Any structures utilized in a dem- Street NW., or on the north sidewalk of onstration extending in duration be- E Street NW., between East and West yond the time limitations specified in Executive Avenues NW.; Provided, how- paragraphs (g)(5)(iv) (A) and (B) of this ever, that such property, except struc- section shall be capable of being re- tures, may be momentarily placed or moved upon 24 hours notice and the set down in the immediate presence of site restored, or, the structure shall be the owner on those sidewalks. secured in such a fashion so as not to (x) The following are prohibited in interfere unreasonably with use of the Lafayette Park:

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(A) The erection, placement or use of (B) The use of signs except for the structures of any kind except for the following: following: (1) Hand-carried signs are allowed re- (1) Structures that are being hand- gardless of size. carried are allowed. (2) Signs that are not being hand-car- (2) When one hundred (100) or more ried and that are no larger than four (4) persons are participating in a dem- feet in length, four (4) feet in width and onstration in the Park, a temporary one-quarter (1⁄4) inch in thickness (ex- speaker’s platform as is reasonably re- clusive of braces that are reasonably quired to serve the demonstration par- required to meet support and safety re- ticipants is allowed as long as such quirements and that are not used so as platform is being erected, dismantled to form an enclosure of two (2) or more or used, provided that only one speak- sides) may be used in Lafayette Park, er’s platform is allowed per dem- provided that no individual may have onstrating group, and provided further more than two (2) such signs in the that such speaker’s platform is author- Park at any one time, and provided fur- ized by a permit issued pursuant to ther that such signs must be attended paragraph (g) of this section. at all times (the term ‘‘attended’ is de- (3) When less than one hundred (100) fined as an individual being within persons are participating in a dem- three (3) feet of his or her sign(s)), and onstration in the Park, a temporary provided further that such signs may not ‘‘soapbox’’ speaker’s platform is al- be elevated in a manner so as to exceed lowed as long as such platform is being a height of six (6) feet above the ground erected, dismantled or used, providing at their highest point, may not be ar- that only one speaker’s platform is al- ranged or combined in a manner so as lowed per demonstrating group, and to exceed the size limitations set forth provided further that the speaker’s plat- in this paragraph, and may not be ar- form is no larger than three (3) feet in ranged in such a fashion as to form an length, three (3) feet in width, and enclosure of two (2) or more sides. For three (3) feet in height, and provided example, under this provision, two further that such speaker’s platform is four-feet by four-feet signs may not be authorized by a permit issued pursuant combined so as to create a sign eight to paragraph (g) of this section. feet long and four feet wide, and three (4) For the purpose of this section, such signs may not be arranged to cre- the term ‘‘structure’’ includes props ate a sign four feet long and twelve feet and displays, such as coffins, crates, wide, and two or more signs of any size crosses, theaters, cages, and statues; may not be leaned or otherwise placed furniture and furnishings, such as together so as to form an enclosure of desks, chairs, tables, bookcases, cabi- nets, platforms, podiums and lecterns; two or more sides, etc. shelters, such as tents, boxes and other (xi) Stages and sound amplification enclosures; wagons and carts; and all may not be placed closer than one hun- other similar types of property which dred (100) feet from the boundaries of might tend to harm park resources in- the Vietnam Veterans Memorial and cluding aesthetic interests. Provided sound systems shall be directed away however that the term ‘‘structure’’ does from the memorial at all times. not include signs; bicycles, baby car- (xii) Sound amplification equipment riages and baby strollers lawfully in is allowed in connection with per- the Park that are temporarily placed mitted demonstrations or special in, or are being moved across, the events, provided prior notice has been Park, and that are attended at all given to the Regional Director, except times while in the Park (the term ‘‘at- that: tended’ is defined as an individual (A) Sound amplification equipment being within three (3) feet of his or her may not be used on the White House bicycle, baby carriage or baby stroller); sidewalk, other than hand-portable and wheelchairs and other devices for sound amplification equipment which the handicapped in use by handicapped the Regional Director determines is persons. necessary for crowd-control purposes.

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(B) The Regional Director reserves upon a ground for which an application the right to limit the sound amplifi- therefor would be subject to denial cation equipment so that it will not under paragraphs (g) (4) or (5) of this unreasonably disturb nonparticipating section. Any such revocation, prior to persons in, or in the vicinity of, the the conduct of the demonstration, shall area. be in writing and shall be approved by (xiii) A permit may contain addi- the Regional Director. During the con- tional reasonable conditions and addi- duct of a demonstration, a permit may tional time limitations, consistent be revoked by the ranking U.S. Park with this section, in the interest of Police supervisory official in charge if protecting park resources, the use of continuation of the event presents a nearby areas by other persons, and clear and present danger to the public other legitimate park value concerns. (xiv) A permit issued under this sec- safety, good order or health or for any tion does not authorize activities out- violation of applicable law or regula- side of areas under administration by tion. A permit issued for a special the National Capital Region. Appli- event is revocable, at any time, in the cants may also be required to obtain a reasonable discretion of the Regional permit from the District of Columbia Director. or other appropriate governmental en- (7) Further information on admin- tity for demonstrations or special istering these regulations can be found events sought to be conducted either in policy statements published at 47 FR wholly or in part in other than park 24299, June 4, 1982, and at 47 FR 24302, areas. June 4, 1982. Copies of the policy state- (6) Permit revocation. A permit issued ments may be obtained from the Re- for a demonstration is revocable only 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] cost or donation. (l) Rock Creek Park. (1) Notwith- § 7.97 Golden Gate National Recre- standing the provisions of 36 CFR 5.1, ation Area. the Superintendent of Rock Creek (a) Boat landings—Alcatraz Island. Ex- Park may permit the recognition of cept in emergencies, the docking of and the advertising by the primary any privately-owned vessel, as defined sponsor or sponsors of not more than in § 1.4 of this chapter, or the landing of two professional tennis tournaments any person at Alcatraz Island without per year at the Rock Creek Tennis Cen- a permit or contract is prohibited. The ter. Superintendent may issue a permit (2) All activities conducted under upon a determination that the appli- this paragraph shall be appropriate to cant’s needs cannot be provided by au- park values and consistent with the thorized commercial boat transpor- protection of park resources and shall tation to Alcatraz Island and that the comply with criteria specified in a proposed activities of the applicant are written permit. compatible with the preservation and (3) Any permit issued under this protection of Alcatraz Island. paragraph shall be valid only for those (b) Powerless flight. The use of devices periods of time during which a profes- designed to carry persons through the sional tennis tournament is being held, air in powerless flight is allowed at and shall limit all advertising and rec- times and locations designated by the ognition to the confines of the tennis superintendent, pursuant to the terms stadium structure and the contiguous and conditions of a permit. paved plaza, not to include any of the (c) Designated bicycle routes. The use fields or paved parking lots except of a bicycle is permitted according to within the interior of permitted tents § 4.30 of this chapter and, in non-devel- on Parking Lot A. These areas shall be oped areas, as follows: marked on a map available in the Su- (1) Bicycle use is permitted on routes perintendent’s office. which have been designated by the Su- (4) No advertising or recognition ac- perintendent as bicycle routes by the tivities may take place without a writ- posting of signs, and as designated on ten permit as specified in this para- maps which are available in the office graph. Any person who violates a proof the superintendent and other places vision of this paragraph is subject to convenient to the public. the penalty provisions of 36 CFR 1.3 (2) Bicycle speed limits are as fol- and revocation of the permit if a per- lows: mit exists. (i) 15 miles per hour: Upon all des- (m) Information collection. The infor- ignated routes in Golden Gate National mation collection requirements con- Recreation Area. tained in this section have been ap- (ii) 5 miles per hour: On blind curves proved by the Office of Management and when passing other trail users. and Budget under 44 U.S.C. 3507 and as- (3) The following are prohibited: signed clearance number 1024–0021. The (i) The possession of a bicycle on information is being collected to pro- routes not designated as open to bicy- vide notification to park managers, cle use. United States Park Police, Metropoli- (ii) Operating a bicycle on designated tan Police, and the Secret Service of bicycle routes between sunset and sun- the plans of organizers of large-scale rise without exhibiting on the bicycle demonstrations and special events in or on the operator an activated white order to assist in the provision of secu- light that is visible from a distance of

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at least 500 feet to the front and with a Scenic Trail may be obtained from the red light or reflector visible from at Park Manager, Appalachian National least 200 feet to the rear. Scenic Trail, Harpers Ferry Center, Harpers Ferry, West Virginia 25425. [38 FR 32931, Nov. 29, 1973, as amended at 49 FR 18452, Apr. 30, 1984; 57 FR 58716, Dec. 11, (c) Is powerless flight permitted? The 1992] 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. right-of-way reserved by the seller or 8.6 Complaints; appeal. by public road right-of-way. You may 8.7 Record keeping. also cross National Park Service ad- 8.8 Filing of labor agreements. 8.9 Posting of regulations. ministered lands within the Appa- lachian National Scenic Trail corridor AUTHORITY: 16 U.S.C. 1, 3, 9a, 462(k). at the following locations: SOURCE: 24 FR 11053, Dec. 30, 1959, unless (2) Nahmakanta Lake Spur—The spur otherwise noted. snowmobile route that leads from Maine Bureau of Parks and Lands § 8.1 Definitions. Debsconeag Pond Road to the south- As used in this part: eastern shore of Nahmakanta Lake. (a) National park includes a national (3) Lake Hebron to Blanchard-Shirley monument or other area under the ad- Road Spur—The spur snowmobile route ministrative jurisdiction of the Na- that leads from Lake Hebron near Mon- tional Park Service of the Department son, Maine to the Maine Inter- of the Interior. connecting Trail System Route 85 near (b) Concessioner includes any indi- the Blanchard-Shirley Road. vidual, partnership, corporation, or (4) Massachusetts Turnpike to Lower other business entity engaged in oper- Goose Pond Crossing—That part of the ating facilities within or without a na- Massachusetts Interconnecting Trail tional park for the accommodation of System Route 95 from the Massachu- visitors to the park under a contract setts Turnpike Appalachian Trail with or permit from the Secretary or Bridge to the northeastern shore of the Director. Lower Goose Pond. (c) Employee includes any individual (5) Temporary crossings of National employed by a concessioner in connec- Park Service administered Appa- tion with operations covered by a con- lachian Trail corridor lands may be tract with or permit from the Sec- designated by the Park Manager in the retary or the Director. Superintendent’s Compendium of Or- (d) Executive or department head in- ders when designated snowmobile cludes any employee whose primary routes are temporarily dislocated by duty is the management of the busi- timber haul road closures. ness of the concessioner, or a custom- (6) Maps that show the crossings of arily recognized department thereof, National Park Service administered and who customarily and regularly di- lands within the Appalachian National rects the work of other employees with

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