59 Part 7—Special Regulations, Areas of The

National Park Service, Interior Pt. 7

§ 6.11 Appeals. PART 7—SPECIAL REGULATIONS, (a) An applicant aggrieved by a deci- AREAS OF THE NATIONAL PARK sion of the Regional Director with re- SYSTEM gard to a permit request under this part may appeal, in writing, to the Di- Sec. rector for reconsideration. The ag- 7.1 Colonial National Historical Park. grieved applicant must file the appeal 7.2 Crater Lake National Park. with the Director within 45 calendar 7.3 Glacier National Park. days of notification to the applicant of 7.4 Grand Canyon National Park. 7.5 Mount Rainier National Park. the decision complained of. The appeal 7.6 Muir Woods National Monument. must set forth in detail the respects to 7.7 Rocky Mountain National Park. which the decision of the Regional Di- 7.8 Sequoia and Kings Canyon National rector is contrary to, or in conflict Parks. with, the facts, the law, this part, or is 7.9 St. Croix National Scenic Rivers. otherwise in error. 7.10 Zion National Park. (b)(1) Within 45 calendar days after 7.11 Saguaro National Park. receiving the written appeal of the ag- 7.12 Gulf Islands National Seashore. 7.13 Yellowstone National Park. grieved applicant, the Director will 7.14 Great Smoky Mountains National make a decision in writing. The Direc- Park. tor’s decision will include: 7.15 Shenandoah National Park. (i) A statement of facts; 7.16 Yosemite National Park. (ii) A statement of conclusions; and 7.17 Cuyahoga Valley National Park. (iii) an explanation of the reasons 7.18 Hot Springs National Park. upon which the conclusions are based. 7.19 Canyon de Chelly National Monument. (2) The decision of the Director will 7.20 Fire Island National Seashore. 7.21 John D. Rockefeller, Jr. Memorial constitute the final administrative ac- Parkway. tion of the National Park Service. 7.22 Grand Teton National Park. 7.23 Badlands National Park. § 6.12 Prohibited acts and penalties. 7.24 Upper Delaware Scenic and Rec- (a) The following are prohibited: reational River. (1) Operating a solid waste disposal 7.25 Hawaii Volcanoes National Park. site without a permit issued under § 6.9 7.26 Death Valley National Park. 7.27 Dry Tortugas National Park. or, where applicable, without approval 7.28 Olympic National Park. granted under § 6.7(c); 7.29 Gateway National Recreation Area. (2) Operating a solid waste disposal 7.30 Devils Tower National Monument. site without the proper amount or form 7.31 Perry’s Victory and International of bond or security deposit, as pre- Peace Memorial. scribed by the Regional Director, when 7.32 Pictured Rocks National Lakeshore. such a bond or security deposit is re- 7.33 Voyageurs National Park. 7.34 Blue Ridge Parkway. quired by this part; 7.35 Buffalo National River. (3) Operating a solid waste disposal 7.36 Mammoth Cave National Park. site in violation of a term or a require- 7.37 Jean Lafitte National Historical Park. ment of a National Park Service issued 7.38 Isle Royale National Park. permit; or 7.39 Mesa Verde National Park. (4) Operating a solid waste disposal 7.40 Hopewell Village National Historic site in violation of 40 CFR Parts 257 or Site. 258, or in violation of the equivalent 7.41 Big Bend National Park. 7.42 Pipestone National Monument. State law or regulation. 7.43 Natchez Trace Parkway. (b) A person who violates a provision 7.44 Canyonlands National Park. of paragraph (a) of this section is sub- 7.45 Everglades National Park. ject to: 7.46 Virgin Islands Coral Reef National (1) The penalty provisions of 36 CFR Monument. 1.3; and/or 7.47 Carlsbad Caverns National Park. (2) Revocation of the permit by the 7.48 Lake Mead National Recreation Area. Regional Director if a permit exists; 7.49 Cape Lookout National Seashore. 7.50 Chickasaw Recreation Area. and/or 7.51 Curecanti National Recreation Area. (3) Forfeiture of a bond or security 7.52 Cedar Breaks National Monument. deposit if a bond or security deposit is 7.53 Black Canyon of the Gunnison National required under § 6.10. Monument.

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7.54 Theodore Roosevelt National Park. ALPHABETICAL LISTING—Continued 7.55 Lake Roosevelt National Recreation Area. Name Section 7.56 Acadia National Park. 7.57 Lake Meredith National Recreation Assateague Island National Seashore, Md.–Va ...... 7.65 Badlands National Park, SD ...... 7.23 Area. Big Bend National Park, Tex ...... 7.41 7.58 Cape Hatteras National Seashore. Big Cypress National Preserve, Fla ...... 7.86 7.59 Grand Portage National Monument. Big Thicket National Preserve, Tex ...... 7.85 7.60 Herbert Hoover National Historic Site. Bighorn Canyon National Recreation Area, Mont.– 7.61 Fort Caroline National Memorial. Wyo ...... 7.92 7.62 Lake Chelan National Recreation Area. Black Canyon of the Gunnison National Monument, Colo ...... 7.53 7.63 Dinosaur National Monument. Blue Ridge Parkway, Va.-N.C ...... 7.34 7.64 Petersburg National Battlefield. Bryce Canyon National Park, Utah ...... 7.94 7.65 Assateague Island National Seashore. Buck Island Reef National Monument, Virgin Islands 7.73 7.66 North Cascades National Park. Buffalo National River, Ark ...... 7.35 7.67 Cape Cod National Seashore. Canyon de Chelly National Monument, Ariz ...... 7.19 7.68 Russell Cave National Monument. Canyonlands National Park, Utah ...... 7.44 Cape Cod National Seashore, Mass ...... 7.67 7.69 Ross Lake National Recreation Area. Cape Hatteras National Seashore, N.C...... 7.58 7.70 Glen Canyon National Recreation Area. Cape Lookout National Seashore, N.C...... 7.49 7.71 Delaware Water Gap National Recre- Carlsbad Caverns National Park, N. Mex...... 7.47 ation Area. Cedar Breaks National Monument, Utah ...... 7.52 7.72 Arkansas Post National Memorial. Channel Islands National Park, Calif ...... 7.84 7.73 Buck Island Reef National Monument. Chattahoochee River National Recreation Area, Ga. 7.90 Chickasaw Recreation Area, Okla ...... 7.50 7.74 Virgin Islands National Park. Colonial National Historical Park, Va ...... 7.1 7.75 Padre Island National Seashore. Lake Roosevelt National Recreation Area, Wash ..... 7.55 7.76 Wright Brothers National Memorial. Crater Lake National Park, Oreg ...... 7.2 7.77 Mount Rushmore National Memorial. Curecanti National Recreation Area, Colo ...... 7.51 7.78 Harpers Ferry National Historical Cuyahoga Valley National Park, Ohio ...... 7.17 Death Valley National Monument, Calif ...... 7.26 Park. Delaware Water Gap National Recreation Area, 7.79 Amistad Recreation Area. N.J.–Pa ...... 7.71 7.80 Sleeping Bear Dunes National Lake- Devil’s Tower National Monument, Wyo ...... 7.30 shore. Dinosaur National Monument, Utah-Colo ...... 7.63 7.81 Point Reyes National Seashore. Dry Tortugas National Park, Fla ...... 7.27 7.82 Apostle Islands National Lakeshore. Everglades National Park, Fla ...... 7.45 7.83 Ozark National Scenic Riverways. Fire Island National Seashore, N.Y ...... 7.20 Fort Caroline National Memorial, Fla ...... 7.61 7.84 Channel Islands National Park. Gateway National Recreation Area, N.Y.–N.J...... 7.29 7.85 Big Thicket National Preserve. Glacier National Park, Mont ...... 7.3 7.86 Big Cypress National Preserve. Glen Canyon National Recreation Area, Utah-Ariz ... 7.70 7.87 Kaloko-Honokohau National Historical Golden Gate National Recreation Area, Calif ...... 7.97 Park. Grand Canyon National Park, Ariz ...... 7.4 7.88 Indiana Dunes National Lakeshore. Grand Portage National Monument, Minn ...... 7.59 Grand Teton National Park, Wyo ...... 7.22 7.89 New River Gorge National River. Great Smoky Mountains National Park, N.C.-Tenn .. 7.14 7.90 Chattahoochee River National Recre- Guadalupe Mountains National Park, Tex ...... 7.93 ation Area. Gulf Islands National Seashore, Fla.–Miss ...... 7.12 7.91 Whiskeytown Unit, Whiskeytown-Shas- Harpers Ferry National Historical Park, Md.–W.V .... 7.78 ta-Trinity National Recreation Area. Hawaii Volcanoes National Park, Hawaii ...... 7.25 7.92 Bighorn Canyon National Recreation Herbert Hoover National Historic Site, Iowa ...... 7.60 Hopewell Village National Historic Site, Pa ...... 7.40 Area. Hot Springs National Park, Ark ...... 7.18 7.93 Guadalupe Mountains National Park. Indiana Dunes National Lakeshore, Ind ...... 7.88 7.94 Bryce Canyon National Park. Isle Royale National Park, Mich ...... 7.38 7.95 Pea Ridge National Military Park. Jean Lafitte National Historical Park, La ...... 7.37 7.96 National Capital Region. Kaloko-Honokohau National Historical Park, Hawaii 7.87 7.97 Golden Gate National Recreation Area. Lake Chelan National Recreation Area, Wash ...... 7.62 Lake Mead National Recreation Area, Ariz.-Nev ...... 7.48 7.100 Appalachian National Scenic Trail. Lake Meredith National Recreation Area, Tex ...... 7.57 AUTHORITY: 54 U.S.C. 100101, 100751, 320102; Mammoth Cave National Park, Ky ...... 7.36 Sec. 7.96 also issued under D.C. Code 10–137 Mesa Verde National Park, Colo ...... 7.39 Mount Rainier National Park, Wash ...... 7.5 and D.C. Code 50–2201.07. Mount Rushmore National Memorial, S. Dak ...... 7.77 Muir Woods National Monument, Calif ...... 7.6 ALPHABETICAL LISTING Natchez Trace Parkway, Miss.-Tenn.-Ala ...... 7.43 National Capital Region, D.C. area ...... 7.96 Name Section New River Gorge National River, WV ...... 7.89 North Cascades National Park, Wash ...... 7.66 Acadia National Park, Maine ...... 7.56 Olympic National Park, Wash ...... 7.28 Amistad Recreation Area, Tex ...... 7.79 Ozark National Scenic Riverways, Mo ...... 7.83 Apostle Islands National Lakeshore, Wis ...... 7.82 Padre Island National Seashore, Tex ...... 7.75 Appalachian National Scenic Trail ...... 7.100 Perry’s Victory and International Peace Memorial, Arkansas Post National Memorial, Ark ...... 7.72 Ohio ...... 7.31

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ALPHABETICAL LISTING—Continued § 7.2 Crater Lake National Park.

Name Section (a) Fishing. Fishing in Crater Lake and park streams is permitted from Petersburg National Battlefield, VA ...... 7.64 Pipestone National Monument, Minn ...... 7.42 May 20 through October 31. Pictured Rocks National Lakeshore, Mich ...... 7.32 (b) Boating. No private vessel or Point Reyes National Seashore, Calif ...... 7.81 motor may be used on the waters of the Rockefeller, Jr., John D., Memorial Parkway, Wyo .. 7.21 park. Rocky Mountain National Park, Colo ...... 7.7 Ross Lake National Recreation Area, Wash ...... 7.69 (c) Snowmobiles. Snowmobile use is Russell Cave National Monument, Ala ...... 7.68 permitted in Crater Lake National Saguaro National Park, AZ ...... 7.11 Park on the North Entrance Road from Sequoia-Kings Canyon National Parks, Calif ...... 7.8 Shenandoah National Park, Va ...... 7.15 its intersection with the Rim Drive to Sleeping Bear Dunes National Lakeshore, Mich ...... 7.80 the park boundary, and on intermit- St. Croix National Scenic Rivers, Wis ...... 7.9 tent routes detouring from the North Theodore Roosevelt National Park, N. Dak ...... 7.54 Upper Delaware Scenic and Recreational River, Entrance Road as designated by the Pa.–N.Y ...... 7.24 Superintendent and marked with snow Virgin Islands Coral Reef National Monument ...... 7.46 poles and signs. Except for such des- Virgin Islands National Park, Virgin Islands ...... 7.74 Voyageurs National Park, Minn ...... 7.33 ignated detours marked with snow Whiskeytown Unit, Whiskeytown-Shasta-Trinity Na- poles and signs, only that portion of tional Recreation Area, Calif ...... 7.91 the North Entrance Road intended for Wright Brothers National Memorial, N.C ...... 7.76 wheeled vehicle use may be used by Yellowstone National Park, Wyo.-Mont.-Idaho ...... 7.13 Yosemite National Park, Calif ...... 7.16 snowmobiles. Such roadway is avail- Zion National Park, Utah ...... 7.10 able for snowmobile use only when the designated roadway is closed to all [32 FR 6932, May 5, 1967; 32 FR 7333, May 17, wheeled vehicles used by the public. 1967, as amended at 32 FR 21037, Dec. 30, 1967] [34 FR 9751, June 24, 1969, as amended at 41 EDITORIAL NOTE: The Alphabetical Listing FR 33263, Aug. 9, 1976] is updated annually by the Office of the Fed- eral Register. § 7.3 Glacier National Park. (a) Fishing. (1) Fishing regulations, § 7.1 Colonial National Historical Park. based on management objectives de- (a) Boating. Except in emergencies, scribed in the park’s Resource Manage- no privately owned vessel shall be ment Plan, are established annually by launched from land within Colonial Na- the Superintendent. tional Historical Park and no privately (2) The Superintendent may impose owned vessel shall be beached or landed closures and establish conditions or re- on land within said Park. strictions, in accordance with the cri- (b) Commercial passenger—carrying teria and procedures of §§ 1.5 and 1.7 of motor vehicles. Permits shall be re- this chapter, or any activity pertaining quired for the operation of commercial to fishing, including but not limited to, passenger-carrying vehicles, including species of fish that may be taken, sea- taxi-cabs, carrying passengers for hire sons and hours during which fishing on any portion of the Colonial Park- may take place, methods of taking, way. The fees for such permits shall be size, location, and possession limits. as follows: (3) Fishing in violation of a condition (1) Annual permit for the calendar or restriction established by the Super- year: $3.50 for each passenger-carrying intendent is prohibited. seat in the vehicle to be operated. (b) Eating, drinking, and lodging estab- (2) Quarterly permit for a period be- lishments. (1) No eating, drinking, or ginning January 1, April 1, July 1, or lodging establishment offering food, October 1: $1 for each passenger-car- drink, or lodging for sale may be oper- rying seat in the vehicle to be operated on any privately owned lands ated. within Glacier National Park unless a (3) Permit good for one day, 5-pas- permit for the operation thereof has senger vehicle: $1. first been obtained from the Super- (4) Permit good for one day, more intendent. than 5-passenger vehicle: $3. (2) The Superintendent will issue a [32 FR 16213, Nov. 28, 1967, as amended at 48 permit only after an inspection of the FR 30293, June 30, 1983] premises and a determination that the

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premises comply with the substantive tors both to the park and to the estab- requirements of State and county lishments as the Superintendent may health and sanitary laws and ordi- deem necessary to cover existing local nances and rules and regulations pro- circumstances, and shall be in a form mulgated pursuant thereto which substantially as follows: would apply to the premises if the privately owned lands were not subject to (Front of Permit) the jurisdiction of the United States. U.S. DEPARTMENT OF THE INTERIOR (3) No fee will be charged for the issuance of such a permit. NATIONAL PARK SERVICE (4) The Superintendent or his duly REVOCABLE PERMIT FOR OPERATION OF EATING authorized representative shall have OR DRINKING AND LODGING ESTABLISHMENTS the right of inspection at all reason- Permission is hereby granted llllll, able times for the purpose of who resides at llllll, to operate during ascertaining that the premises are the period of llllll, 19ll, to being maintained and operated in com- llllllll, 19ll, inclusive a pliance with State and county health lllllllllllll (specify type of es- laws and ordinances and rules and reg- tablishment) within Glacier National Park ulations promulgated pursuant thereon lands privately owned or controlled by to. him (her) over which the United States exercises exclusive jurisdiction. This permit is (5) Failure of the permittee to com- subject to the general provisions and any ply with all State and county sub- special conditions stated on the reverse here- stantive laws and ordinances, and rules of. and regulations promulgated pursuant Issued at Glacier National Park, Mont., thereto applicable to the establishment this llllll day of llllllll, for which a permit is issued, or failure 19ll. to comply with any Federal law or any Superintendent regulation promulgated by the Sec- I, llllllllllll, the permittee retary of the Interior for governing the named herein, accept this permit subject to park, or with the conditions imposed the terms, convenants, obligations, and res- by the permit, will be grounds for rev- ervations expressed or implied. ocation of the permit. Copartnership—permittees sign as ‘‘Members (6) The applicant or permittee may of firm’’. appeal to the Regional Director, Na- tional Park Service, from any final ac- Corporation—the officer authorized to exe- tion of the Superintendent, refusing, cute contracts, etc., should sign, with title, the sufficiency of such signature being at- conditioning, or revoking a permit. tested by the Secretary, with corporate Such an appeal, in writing, shall be seal in lieu of witness. filed within 30 days after receipt of notice by the applicant or permittee of Permittee the action appealed from. Any final de- Witness: cision of the Regional Director may be appealed to the Director, National Name Park Service, within 30 days after re- Address ceipt of notice by the applicant or permittee of the Regional Director’s deci- Name sion. During the period in which an appeal is being considered by the Re- Address gional Director or the Director, the establishment for which a permit has (Reverse of Permit) been denied or revoked shall not be op- GENERAL REGULATORY PROVISIONS OF THIS erated. PERMIT (7) The revocable permit for eating, drinking, and lodging establishments 1. Permittee shall exercise this privilege issued by the Superintendent shall con- subject to the supervision of the Super- intendent of the Park and shall comply with tain general regulatory provisions as the regulations of the Secretary of the Inte- hereinafter set forth, and will include rior governing the Park. such reasonable special conditions re- 2. Any building or structure used for the lating to the health and safety of visi- purpose of conducting the business herein

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permitted shall be kept in a safe, and sightly charge for such permits. Any person condition. aggrieved by an action of the Super- 3. The permittee shall dispose of all refuse intendent with respect to any such per- from the business herein permitted as required by the Superintendent. mit or permit application may appeal 4. Permittee, his agents, and employees in writing to the Director, National shall be responsible for the preservation of Park Service, Department of the Inte- good order within the vicinity of the busi- rior, Washington, DC 20240. ness operations herein permitted. (2) Inspections. (i) The appropriate 5. Failure of the permittee to comply with State or county health officer, the Su- all State and county substantive laws and ordinances and rules and regulations promul- perintendent, or their authorized rep- gated pursuant thereto applicable to eating, resentatives or an officer of the U.S. drinking, and lodging establishments or to Public Health Service, may inspect any comply with any law or any regulation of water supply or sewage disposal sys- the Secretary of the Interior governing the tem, from time to time, in order to de- Park or with the conditions imposed by this termine whether such system complies permit, will be grounds for revocation of this permit. with the State and county standards: 6. This permit may not be transferred or Provided, however, That inspection assigned without the consent, in writing of shall be made only upon consent of the the Superintendent. occupant of the premises or pursuant 7. Neither Members of, nor Delegates to to a warrant. Congress, or Resident Commissioners, offi- (ii) Any water supply or sewage dis- cers, agents, or employees of the Department of the Interior, shall be admitted to any posal system may be inspected without share or part of this permit or derive, di- the consent of the occupant of the rectly or indirectly, any pecuniary benefit premises or a warrant if there is prob- arising therefrom. able cause to believe that such system 8. Standard Equal Employment Provision presents an immediate and severe dan- to be set out in full as provided for by Execu- ger to the public health. tive Orders 10925 and 11114. 9. The following special provisions are (3) Defective systems. (i) If upon in- made a part of this permit: lllllllll spection, any water supply system or sewage disposal system is found by the (c) Water supply and sewage disposal inspecting officer not to be in conform- The provisions of this para- systems. ance with applicable State and county graph apply to the privately owned standards, the Superintendent will lands within Glacier National Park. send to the ostensible owner and/or the The provisions of this paragraph do not occupant of such property, by certified excuse compliance by eating, drinking, mail, a written notice specifying what or lodging establishments with § 5.10 of the chapter. steps must be taken to achieve compli- (1) Facilities. (i) Subject to the provi- ance. If after one year has elapsed from sions of paragraph (e)(3) of this section, the mailing of such written notice the no person shall occupy any building or deficiency has not been corrected, such structure intended for human habi- deficiency shall constitute a violation tation, or use, unless such building is of this regulation and shall be the basis served by water supply and sewage dis- for court action for the vacation of the posal systems that comply with the premises. standards prescribed by State and (ii) If upon inspection, any water sup- county laws and regulations applicable ply or sewage disposal system is found in the county within whose exterior by the inspecting officer not to be in boundaries such building is located. conformance with established State (ii) No person shall construct, rebuild and county standards and it is found or alter any water supply or sewage further that there is immediate and se- disposal system without a written per- vere danger to the public health or the mit issued by the Superintendent. The health of the occupants, the Super- Superintendent will issue such permit intendent shall post appropriate no- only after receipt of written notifica- tices at conspicuous places on such tion from the appropriate Federal, premises, and thereafter, no person State, or county officer that the plans shall occupy the premises on which the for such system comply with State or system is located until the Super- county standards. There shall be no intendent is satisfied that remedial

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measures have been taken that will as- tion from the Secretary as determined sure compliance of the system with es- by the Superintendent. tablished State and county standards. [34 FR 5842, Mar. 28, 1969, as amended at 36 (d) Motorboats. (1) Motorboats and FR 9248, May 21, 1971; 37 FR 7499, Apr. 15, motor vessels are limited to ten (10) 1972; 48 FR 29847, June 29, 1983; 48 FR 30293, horsepower or less on Bowman and Two June 30, 1983; 52 FR 10685, Apr. 2, 1987; 60 FR Medicine Lakes. This restriction does 35841, July 12, 1995; 60 FR 55791, Nov. 3, 1995] not apply to sightseeing vessels operated by an authorized concessioner on § 7.4 Grand Canyon National Park. Two Medicine Lake. (a) Commercial passenger-carrying (2) All motorboats and motor vessels motor vehicles. The prohibition against except the authorized, concessioner-op- the commercial transportation of pas- erated, sightseeing vessels are prohib- sengers by motor vehicles to Grand ited on Swiftcurrent Lake. Canyon National Park contained in (3) The operation of all motorboats § 5.4 of this chapter shall be subject to and motor vessels are prohibited on the following exception: Motor vehicles Kintla Lake. operated on a general, infrequent, and nonscheduled tour on which the visit (e) Canadian dollars. To promote the to the park is an incident to such tour, purpose of the Act of May 2, 1932 (47 carrying only round-trip passengers Stat. 145; 16 U.S.C. 161a), Canadian dol- traveling from the point of origin of lars tendered by Canadian visitors en- the tour, will be accorded admission to tering the United States section of Gla- the park. cier National Park will be accepted at (b) Colorado whitewater boat trips. The the official rate of exchange in pay- following regulations shall apply to all ment of the recreation fees prescribed persons using the waters of, or Feder- for the park. ally owned land administered by the (f) Commercial passenger-carrying National Park Service, along the Colo- motor vehicles. The prohibition against rado River within Grand Canyon Na- the commercial transportation of pas- tional Park, upstream from Diamond sengers by motor vehicles to Glacier Creek at approximately river mile 226: National Park, contained in § 5.4 of this (1) No person shall operate a vessel chapter, shall be subject to the fol- engaging in predominantly upstream lowing exceptions: travel or having a total horsepower in (1) Commercial transport of pas- excess of 55. sengers by motor vehicles on those por- (2) U.S. Coast Guard approved life tions of the park roads from Sherburne preservers must be worn by every per- entrance to the Many Glacier area; son while on the river or while lining from Two Medicine entrance to Two or portaging near rough water. One Medicine Lake; from West Glacier en- extra preserver must be carried for trance to the Camas Entrance; U.S. each ten (10) persons. Highway 2 from Walton to Java; and (3) No person shall conduct, lead, or the Going-to-the-Sun Road from West guide a river trip unless such person Glacier entrance to Lake McDonald possesses a permit issued by the Super- Lodge and from St. Mary entrance to intendent, Grand Canyon National Rising Sun will be permitted. Park. The National Park Service re- (2) Commercial passenger-carrying serves the right to limit the number of motor vehicles operated in the above such permits issued, or the number of areas, on a general, infrequent, and persons traveling on trips authorized nonscheduled tour in which the visit to by such permits when, in the opinion of the park is incidental to such tour, and the National Park Service, such limi- carrying only round-trip passengers tations are necessary in the interest of traveling from the point of origin of public safety or protection of the eco- the tour, will be accorded admission to logical and environmental values of the park. Such tours shall not provide, the area. in effect, a regular and duplicating (i) The Superintendent shall issue a service conflicting with, or in competi- permit upon a determination that the tion with, the tours provided for the person leading, guiding, or conducting public pursuant to contract authoriza- a river trip is experienced in running

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rivers in white water navigation of dences which are occupying sites des- similar difficulty, and possesses appro- ignated for this purpose by the Super- priate equipment, which is identified in intendent. A legally inoperative vehi- the terms and conditions of the permit. cle is a motor vehicle capable of move- (ii) No person shall conduct, lead, ment under its own power, but not li- guide, or outfit a commercial river trip censed to legally operate on roads. without first securing the above permit (2) Leaving, storing, or placing upon and possessing an additional permit au- federally owned lands within the park thorizing the conduct of a commercial any immobilized or legally inoperative or business activity in the park. vehicle for a period exceeding 30 days is (iii) An operation is commercial if prohibited, except under the terms of a any fee, charge or other compensation permit issued by the Superintendent. is collected for conducting, leading, (3) A revocable permit for an immo- guiding, or outfitting a river trip. A bilized or legally inoperative vehicle river trip is not commercial if there is may be issued without fee by the Su- a bona fide sharing of actual expenses. perintendent for a specific period of (4) All human waste will be taken out time, upon a finding that the issuance of the Canyon and deposited in estab- of such a permit will not interfere with lished receptacles, or will be disposed park management or impair park re- of by such means as is determined by sources. the Superintendent. (i) Any permit issued will be valid for (5) No person shall take a dog, cat, or the period stated on the permit, unless other pet on a river trip. otherwise revoked or terminated by (6) The kindling of a fire is permitted the Superintendent, and will state the only on beaches. The fire must be com- name and address of the owner, the de- pletely extinguished only with water scription of the vehicle, and the exact before abandoning the area. location where it may be left, stored or (7) Picnicking is permitted on beach placed. areas along the Colorado River. (ii) The permittee will affix the per- (8) Swimming and bathing are permit securely and conspicuously to the mitted except in locations immediately vehicle. above rapids, eddies and riffles or near (iii) The permit shall be nontransfer- rough water. able. (9) Possession of a permit to conduct, (iv) Any person issued a permit shall guide, outfit, or lead a river trip also comply with all terms and conditions authorizes camping along the Colorado of the permit. Failure to do so will con- River by persons in the river trip stitute cause for the Superintendent to party, except on lands within the terminate the permit at any time. Hualapai Indian Reservation which are (v) A permit may be revoked at any administered by the Hualapai Tribal time for the convenience of the Na- Council; Provided, however, That no tional Park Service or upon a finding person shall camp at Red Wall Cavern, that continued authorization under the Elves Chasm, the mouth of Havasu permit would interfere with park man- Creek, or along the Colorado River agement or impair park resources. bank between the mouth of the Paria (4) An immobilized or legally inoper- River and the Navajo Bridge. ative vehicle left in excess of 30 days (10) All persons issued a river trip without a permit will be removed at permit shall comply with all the terms the owner’s expense. and conditions of the permit. (5) An immobilized or legally inoper- (c) Immobilized and legally inoperative ative vehicle constituting a safety haz- vehicles. (1) An immobilized vehicle is a ard, causing an obstruction to roads or motor vehicle which is not capable of trails, or interfering with maintenance moving under its own power due to operations will be removed imme- equipment malfunction or deficiency. diately at the owner’s expense. Such This term shall also include trailers interference or impairment may in- whose wheels have been removed or clude, but shall not be limited to, the which, for other reasons, cannot be im- creation of a safety hazard, traffic con- mediately towed from their location, gestion, visual pollution, or fuel and excluding trailers being used as resi- lubricant drip pollution.

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(6) The Superintendent shall have the (c) Backcountry Camping—(1) right of inspection at all reasonable Backcountry camping permits required. times to ensure compliance with the No person or group of persons traveling requirements of this paragraph. together may camp in the backcountry without a valid backcountry camping [34 FR 14212, Sept. 10, 1969, as amended at 36 FR 23293, Dec. 8, 1971; 42 FR 25857, May 20, permit. Permits may be issued to each 1977; 43 FR 1793, Jan. 12, 1978; 52 FR 10685, permittee or to the leader of the group Apr. 2, 1987] for a group of persons. The permit must be attached to the pack or camp- § 7.5 Mount Rainier National Park. ing equipment of each permittee in a (a) Fishing. (1) The following waters clearly visible location. No person may are closed to fishing: camp in any location other than that (i) Tipsoo Lake. designated in the permit for a given (ii) Shadow Lake. date. (iii) Klickitat Creek above the White (2) Group size limitations. Groups ex- River Entrance water supply intake. ceeding five persons must camp at a (iv) Laughing Water Creek above the group site, but groups may not exceed Ohanapecosh water supply intake. twelve persons. The Superintendent (v) Frozen Lake. may, however, (vi) Reflection Lakes. (i) Waive group size limitations on (vii) Ipsut Creek above the Ipsut routes in the climbing zone when he de- Creek Campground water supply in- termines that it will not result in envi- take. ronmental degradation; and (2) Except for artificial fly fishing, (ii) Establish special zones and group the Ohanapecosh River and its tribu- size limitations during the winter sea- taries are closed to all fishing. son to balance the impact of cross- (3) There shall be no minimum size country skiers, snowshoers, and limit on fish that may be possessed. snowmobilers on the resource. (4) The daily catch and possession (d) Snowmobile use—(1) Designated limit for fish taken from park waters routes. (i) That portion of the West Side shall be six pounds and one fish, not to Road south of Round Pass. exceed 12 fish. (ii) The Mather Memorial Parkway (b) Climbing and hiking. (1) Registra- (State Route 410) from its intersection tion with the Superintendent is re- with the White River Road north to the quired prior to and upon return from park boundary. any climbing or hiking on glaciers or (iii) The White River Road from its above the normal high camps such as intersection with the Mather Memorial Camp Muir and Camp Schurman. Parkway to the White River Camp- (2) A person under 18 years of age ground. must have permission of his parent or (iv) The Cougar Rock Campground legal guardian before climbing above road system. the normal high camps. (v) The Stevens Canyon Road from (3) A party traveling above the high Stevens Canyon Entrance to the Ste- camps must consist of a minimum of vens Canyon Road tunnel at Box Can- two persons unless prior permission for yon. a solo climb has been obtained from [34 FR 17520, Oct. 30, 1969, as amended at 40 the Superintendent. The Super- FR 31938, July 30, 1975; 41 FR 14863, Apr. 8, intendent will consider the following 1976; 41 FR 33264, Aug. 9, 1976; 42 FR 22557, points when reviewing a request for a May 4, 1977; 48 FR 30293, June 30, 1983] solo climb: The weather prediction for the estimated duration of the climb, § 7.6 Muir Woods National Monument. and the likelihood of new snowfall, (a) Fires. Fires are prohibited within sleet, fog , or hail along the route, the the monument. feasibility of climbing the chosen route (b) [Reserved] because of normal inherent hazards, (c) Fishing. Fishing is prohibited current route conditions, adequacy of within the Monument. equipment and clothing, and qualifying [24 FR 11035, Dec. 30, 1959, as amended at 34 experience necessary for the route con- FR 5255, Mar. 14, 1969; 39 FR 14338, Apr. 23, templated. 1974]

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§ 7.7 Rocky Mountain National Park. between national forest lands on the (a) Fishing. (1) Fishing restrictions, west side of the park and the town of based on management objectives de- Grand Lake. Use of this trail for other scribed in the park’s Resources Man- purposes is not permitted. This trail agement Plan, are established annually will be marked by signs, snow poles or by the Superintendent. other appropriate means. (2) The Superintendent may impose (2) When may I operate a snowmobile closures and establish conditions or re- on the North Supply Access Trail? The strictions, in accordance with the cri- Superintendent will determine the teria and procedures of §§ 1.5 and 1.7 of opening and closing dates for use of the this chapter, on any activity per- North Supply Access Trail each year, taining to fishing, including, but not taking into consideration the location limited to species of fish that may be of wintering wildlife, appropriate snow taken, seasons and hours during which cover, and other factors that may re- fishing may take place, methods of late to public safety. The Super- taking, size, creel, and possession lim- intendent will notify the public of such its. dates through one or more of the meth- (3) Fishing in closed waters or violating a condition or restriction estab- ods listed in § 1.7(a) of this chapter. lished by the Superintendent is prohib- Temporary closure of this route will be ited. initiated through the posting of appro- (b) Trucking Permits. (1) The Super- priate signs and/or barriers. intendent may issue a permit for (f) Bicycle use on the East Shore Trail. trucking on a park road when the load The Superintendent may designate all carried originates and terminates with- or portions of a 2-mile segment of the in the counties of Larimer, Boulder, or East Shore Trail, extending north from Grand, Colorado. Shadow Mountain Dam to the park (2) The fee charged for such trucking boundary, as open to bicycle use. A over Trail Ridge Road is the same as map showing portions of the East the single visit entrance fee for a pri- Shore Trail open to bicycle use will be vate passenger vehicle. A trucking per- available at park visitor centers and mit is valid for one round trip, pro- posted on the park website. The Super- vided such trip is made in one day, oth- intendent will provide notice of all bi- erwise the permit is valid for a one-way cycle route designations in accordance trip only. with § 1.7 of this chapter. The Super- (3) The fees provided in this para- intendent may limit, restrict, or im- graph also apply to a special emer- pose conditions on bicycle use, or close gency trucking permit issued pursuant to § 5.6(b) of this chapter. any trail to bicycle use, or terminate (c) Boats. (1) The operation of motor- such conditions, closures, limits, or re- boats is prohibited on all waters of the strictions in accordance with § 4.30 of park. this chapter. (2) All vessels are prohibited on Bear [40 FR 14912, Apr. 3, 1975, as amended at 41 Lake. FR 49629, Nov. 10, 1976; 43 FR 14308, Apr. 5, (d) Dogs, cats, and other pets. In addi- 1978; 48 FR 30293, June 30, 1983; 49 FR 24893, tion to the provisions of § 2.15 of this June 18, 1984; 49 FR 25854, June 25, 1984; 52 FR chapter, dogs, cats, and other pets on 10685, Apr. 2, 1987; 52 FR 23304, June 19, 1987; leash, crated, or otherwise under phys- 54 FR 4020, Jan. 27, 1989; 54 FR 43061, Oct. 20, ical restraint are permitted in the park 1989; 69 FR 53630, Sept. 2, 2004; 83 FR 8944, only within 100 feet of the edge of es- Mar. 2, 2018] tablished roads or parking areas, and are permitted within established camp- § 7.8 Sequoia and Kings Canyon Na- grounds and picnic areas; dogs, cats, tional Parks. and other pets are prohibited in the (a) Dogs and cats. Dogs and cats are backcountry and on established trails. prohibited on any park land or trail ex- (e)(1) On what route may I operate a cept within one-fourth mile of devel- snowmobile? Snowmobiles may be oper- oped areas which are accessible by a ated on the North Supply Access Trail designated public automobile road. solely for the purpose of gaining access

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(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 (3) Soda Springs Creek drainage is such system presents an immediate closed to fishing. and severe danger to the public health (4) Fishing in closed waters or in vio- and safety. lation of a condition or restriction es- (iii) Defective systems. (a) If upon in- tablished by the Superintendent is pro- spection, any building, water supply or hibited. sewage disposal system is found by the (c) Privately owned lands—(1) Water inspecting officer not to be in conform- supply, sewage or disposal systems, and ance with applicable State and county building construction or alterations. The standards, the Superintendent will provisions of this paragraph apply to send to the ostensible owner and/or the the privately owned lands within Se- occupant of such property, by certified quoia and Kings Canyon National mail, a written notice specifying what Parks. 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 (c)(1)(iii) of this sec- the mailing of such notice the defi- tion, no person shall occupy any build- ciency has not been corrected, such de- ing or structure, intended for human ficiency shall constitute a violation of habitation or use, unless such building this regulation and shall be the basis complies with standards, prescribed by for court action for the vacation of the State and county laws and regulations premises. applicable in the county within whose (b) If upon inspection, any building, exterior boundaries such building is lo- water supply or sewage disposal system cated, as to construction, water supply is found by the inspecting officer not to and sewage disposal systems. be in conformance with established (b) No person shall construct, rebuild, State and county standards and it is or alter any building, water supply or found further that there is immediate sewage disposal system without the and severe danger to the public health permission of the Superintendent. The and safety or the health and safety of Superintendent will give such permis- the occupants or users, the Super- sion only after receipt of written noti- intendent shall post appropriate no- fication from the appropriate Federal, tices at conspicuous places on such State, or county officer that the plans premises, and thereafter, no person for such building or system comply shall occupy or use the premises on with State or county standards. Any which the deficiency or hazard is lo- person aggrieved by an action of the cated until the Superintendent is satis- Superintendent with respect to any fied that remedial measures have been such permit or permit application may taken that will assure compliance with appeal in writing to the Director, Na- established State and county stand- tional Park Service, U.S. Department ards. of the Interior, Washington, D.C. 20240. (d) Stock Driveways. (1) The present (ii) Inspections. (a) The appropriate county road extending from the west State or county officer, the Super- boundary of Kings Canyon National intendent, or their authorized rep- Park near Redwood Gap to Quail Flat

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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 straying from the right of way. waters holding or contaminated by (e) Snowmobiles. (1) The use of snow- aquatic 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. conditions of a permit issued only to (f) For the purpose of this section: owners of such private property. (1) The term aquatic nuisance species [34 FR 9387, June 14, 1969, as amended at 49 means the zebra mussel, purple FR 18450, Apr. 30, 1984; 56 FR 41943, Aug. 26, loosestrife and Eurasian watermilfoil; 1991] (2) The term vessel means every type or description of craft on the water § 7.9 St. Croix National Scenic Rivers. used or capable of being used as a (a) Snowmobiles. After consideration means of transportation, including sea- of existing special situations, i.e., planes, when on the water, and buoyant depth of snow or thickness of ice, and devises permitting or capable of free depending on local weather conditions, flotation. the superintendent may allow the use [47 FR 55918, Dec. 14, 1982, as amended at 49 of snowmobiles on the frozen surface of FR 18450, Apr. 30, 1984; 51 FR 8493, Mar. 12, the Saint Croix River on those sections 1986; 62 FR 33751, June 23, 1997] normally used by motor boats during other seasons, between the Boomsite § 7.10 Zion National Park. and Highway 243 near Osceola, Wis- (a) Vehicle convoy requirements. (1) An consin, and Saint Croix Falls to River- operator of a vehicle that exceeds load side, Wisconsin, and in those areas or size limitations established by the where county or other established superintendent for the use of park snowmobile trails need to cross the roads may not operate such vehicle on riverway or riverway lands to connect a park road without a convoy service with other established snowmobile provided at the direction of the super- trails. intendent. (b) Fishing. Unless otherwise des- (2) A single trip convoy fee of $15 is ignated, fishing in a manner authorized charged by the superintendent for each under applicable State law is allowed. vehicle or combination of vehicles con- (c) Vessels. (1) Entering by vessel, voyed over a park road. Payment of a launching a vessel, operating a vessel, convoy fee by an operator of a vehicle or knowingly allowing another person owned by the Federal, State or county to enter, launch or operate a vessel, or government and used on official busi- attempting to do any of these activi- ness is not required. Failure to pay a ties in park area waters when that ves- required convoy fee is prohibited. sel or the trailer or the carrier of that (b) Snowmobiles. After consideration vessel has been in water infested or of snow and weather conditions, the su- contaminated with aquatic nuisance perintendent may permit the use of species, except as provided in para- snowmobiles on designated routes graph (c)(2) of this section is prohib- within the park. Snowmobile use is re- ited. stricted to the established roadway. All (2) Vessels, trailers or other carriers off-road use is prohibited. The des- of vessels wishing to enter park area ignated routes are defined as follows: waters from aquatic nuisance species (1) All of the paved portion of the contaminated or infested waters may Kolob Terrace Road from the park

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boundary in the west one-half of Sec. safety, natural and cultural resource 33, T. 40 S., R. 11 W., Salt Lake Base protection, and other management ac- and Meridian, north to where this road tivities and objectives. leaves the park in the northwest corner (i) The Superintendent will provide of Sec. 16, T. 40 S., R. 11 W., SLBM. public notice of all such actions This paved portion of the Kolob Ter- through one or more of the methods race Road is approximately three and listed in § 1.7 of this chapter. one-half miles in length. (ii) Violating a closure, condition, or (2) All of the unplowed, paved por- restriction is prohibited. tions of the Kolob Terrace Road from (b) [Reserved] the park boundary, north of Spendlove Knoll, in Sec. 5, T. 40 S., R. 11 W., [68 FR 50077, Aug. 20, 2003, as amended at 77 SLBM, north to where this road leaves FR 60053, Oct. 2, 2012] the park in the southwest corner of Sec. 23, T. 39 S., R. 11 W., SLBM, a dis- § 7.12 Gulf Islands National Seashore. tance of approximately five miles. (a) Operation of seaplanes and amphib- (3) The unplowed, graded dirt road ious aircraft. (1) Aircraft may be oper- from the park boundary in the south- ated on the waters within the bound- east corner of Sec. 13, T. 39 S., R. 11 W., aries of the Seashore surrounding Ship, SLBM, south to Lava Point Fire Look- Horn and Petit Bois Islands, but ap- out in the northwest quarter of Sec. 31, proaches, landings and take-offs shall T. 39 S., R. 10 W., SLBM, a distance of not be made within 500 feet of beaches. approximately one mile. (2) Aircraft may be moored to island (4) The unplowed, graded dirt road beaches, but beaches may not be used from the Lava Point Ranger Station, as runways or taxi strips. southeast to the West Rim Trailhead (3) Aircraft operating in the vicinity and then to a point where this road di- of any developed facilities, boat docks, vides and leaves the park, in the south- floats, piers, ramps or bathing beaches east corner of Sec. 30, and the north- will remain 500 feet from such facilities east corner of Sec. 31, T. 39 S., R. 10 W., and must be operated with due care SLBM, a distance of approximately two and regard for persons and property miles. and in accordance with any posted (5) The unplowed, graded dirt road signs or uniform waterway markers. from the Lava Point Ranger Station, (4) Aircraft are prohibited from land- north to the park boundary where this ing on or taking off from any land sur- road leaves the park, all in the south- faces; any estuary, lagoon, pond or east corner of Sec. 13, T. 39 S., R. 11 W., tidal flat; or any waters temporarily SLBM, a distance of approximately covering a beach; except when such op- one-fourth mile. erations may be authorized by prior [49 FR 34482, Aug. 31, 1984, as amended at 51 permission of the Superintendent. Per- FR 4736, Feb. 7, 1986] mission shall be based on needs for emergency service, resource protec- § 7.11 Saguaro National Park. tion, or resource management. (a) Bicycling. (1) The following trails (b) Off-road operation of motor vehi- are designated as routes for bicycle cles—(1) Route designations. (i) The oper- use: ation of motor vehicles, other than on (i) That portion of the Cactus Forest established roads and parking areas, is Trail inside the Cactus Forest Drive; limited to oversand routes designated and by the Superintendent in accordance (ii) The Hope Camp Trail, from the with § 4.10(b) of this chapter. Operation Loma Alta Trailhead east to the Ari- of vehicles on these routes will be sub- zona State Trust Lands boundary, lo- ject to all provisions of parts 2 and 4 of cated approximately .2 miles beyond this chapter, as well as the specific pro- Hope Camp. visions of this paragraph (b). (2) The Superintendent may open or (ii) Oversand routes may be des- close designated routes, or portions ignated by the Superintendent in the thereof, or impose conditions or re- following locations: strictions for bicycle use after taking (A) In the eastern portion of Perdido into consideration public health and Key, from the easternmost extension of

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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. (ii) No motor vehicle shall be oper- (A) 15 miles per hour while within 100 ated on a designated oversand route feet of any person not in a motor vehi- without a valid permit issued by the cle. Superintendent. (B) 25 miles per hour at all other (iii) Permits are not transferable to times. another motor vehicle or to another (iii) When two motor vehicles meet driver. The driver listed on the permit on an oversand route, both drivers must be present in the vehicle at any shall reduce speed and the driver who time it is being operated on an is traveling south or west shall yield oversand route. Permits are to be dis- the right of way, if the route is too played as directed at the time of narrow for both vehicles. issuance. (iv) The towing of trailers on (iv) No permit shall be valid for more oversand routes is prohibited. than one year. Permits may be issued (4) Information collection. The infor- for lesser periods, as appropriate for mation collection requirements con- the time of year at which a permit is tained in § 7.12(b)(2) have been approved issued or the length of time for which by the Office Management and Budget use is requested. under 44 U.S.C. 3507 and assigned clear- (v) For a permit to be issued, a motor ance number 1024–0017. The information vehicle must: is being collected to solicit informa- (A) Be capable of four-wheel drive op- tion necessary for the Superintendent eration. to issue ORV permits. This information (B) Meet the requirements of will be used to grant administrative § 4.10(c)(3) of this chapter and conform benefits. The obligation to respond is to all applicable State laws regarding required to obtain a benefit. licensing, registration, inspection, in- (c) Personal Watercraft (PWC). (1) surance, and required equipment. PWCs may operate within Gulf Islands (C) Contain the following equipment National Seashore except in the fol- to be carried at all times when the ve- lowing closed areas:

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(i) The lakes, ponds, lagoons and in- port vehicle in accordance with 49 CFR lets of Cat Island, East Ship Island, 177.823 or any marine pollutant that re- West Ship Island, Horn Island, and quires marking as defined in 49 CFR Petit Bois Island; Subtitle B, is prohibited; provided, (ii) The lagoons of Perdido Key with- however, that the superintendent may in Big Lagoon; issue permits and establish terms and (iii) The areas within 200 feet from conditions for the transportation of the remnants of the old fishing pier hazardous materials on U.S. Highway and within 200 feet from the new fish- 191 in emergencies or when such trans- ing pier at Fort Pickens; and portation is necessary for access to (iv) Within 200 feet of non-motorized lands within or adjacent to the park vessels and people in the water, except area. individuals associated with the use of (3) The operator of a motor vehicle the PWC. transporting any hazardous substance, (2) PWC may not be operated at hazardous material, hazardous waste, greater than flat wake speed in the fol- or marine pollutant in accordance with lowing locations: a permit issued under this section is (i) Within 0.5 mile from the shoreline not relieved in any manner from com- or within 0.5 mile from either side of plying with all applicable regulations the pier at West Ship Island; in 49 CFR Subtitle B, or with any other (ii) Within 0.5 mile from the shore- State or federal laws and regulations line on the designated wilderness is- applicable to the transportation of any lands of Horn and Petit Bois; and hazardous substance, hazardous mate- (iii) Within 300 yards from all other rial, hazardous waste, or marine pollut- park shorelines. ant. (3) PWC are allowed to beach at any (4) The superintendent may require a point along the shore except as follows: permit and establish terms and condi- (i) PWC may not beach in any re- tions for the operation of a commercial stricted area listed in paragraph (c)(1) vehicle on any park road in accordance of this section; and with § 1.6 of this chapter. The super- (ii) PWC may not beach above the intendent may charge a fee for permits mean high tide line on the designated in accordance with a fee schedule es- wilderness islands of Horn and Petit tablished annually. Bois. (5) Operating without, or violating a (4) The Superintendent may tempo- term or condition of, a permit issued in rarily limit, restrict or terminate ac- accordance with this section is prohib- cess to the areas designated for PWC ited. In addition, violating a term or use after taking into consideration condition of a permit may result in the public health and safety, natural and suspension or revocation of the permit. cultural resource protection, and other (b) Employee motor vehicle permits: management activities and objectives. (1) A motor vehicle owned and/or op- [41 FR 29120, July 15, 1976, as amended at 46 erated by an employee of the U.S. Gov- FR 40875, Aug. 13, 1981; 52 FR 10686, Apr. 2, ernment, park concessioners and con- 1987; 71 FR 26244, May 4, 2006] tractors, whether employed in a permanent or temporary capacity, shall be § 7.13 Yellowstone National Park. registered with the Superintendent and (a) Commercial Vehicles. (1) Notwith- a permit authorizing the use of said ve- standing the prohibition of commercial hicle in the park is required. This re- vehicles set forth in § 5.6 of this chap- quirement also applies to members of ter, commercial vehicles are allowed to an employee’s family living in the park operate on U.S. Highway 191 in accord- who own or operate a motor vehicle ance with the provisions of this sec- within the park. Such permit, issued tion. free of charge, may be secured only (2) The transporting on U.S. Highway when the vehicle operator can produce 191 of any substance or combination of a valid certificate of registration, and substances, including any hazardous has in his possession a valid operator’s substance, hazardous material, or haz- license. No motor vehicle may be oper- ardous waste as defined in 49 CFR 171.8 ated on park roads unless properly reg- that requires placarding of the trans- istered.

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(2) The permit is valid only for the (ii) The landing or beaching of any calendar year of issue. Registry must vessel on the shores of Yellowstone be completed and permits secured by Lake (a) within the confines of Bridge April 15 of each year or within one Bay Marina and Lagoon and the con- week after bringing a motor vehicle necting channel with Yellowstone into the park, whichever date is later. Lake; and (b) within the confines of The permit shall be affixed to the vehi- Grant Village Marina and Lagoon and cle as designated by the Super- the connecting channel with Yellow- 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- torboats are permitted on Lewis Lake. (ii) A special permit shall be issued (6) Yellowstone Lake motorboat waters. by the Superintendent to any holder of Motorboats are permitted on Yellow- a general permit who expresses the in- stone Lake except in Flat Mountain tention to travel into either the South Arm as described in paragraph (d)(6)(i) Arm or the Southeast Arm ‘‘Five Mile of this section and as restricted within Per Hour Zones’’ of Yellowstone Lake, the South Arm and the Southeast Arm as defined in paragraphs (d)(6) (ii) and where operation is confined to areas (iii) of this section, upon the comple- known as ‘‘Five Mile Per Hour Zones’’ tion and filing of a form statement in which waters are between the lines as accordance with the provisions of para- described in paragraphs (d)(6) (ii) and graph (d)(10) of this section. (iii) of this section in the South Arm (iii) Neither a general nor special and Southeast Arm, but which specifi- permit shall be issued until the per- cally exclude the southernmost 2 miles mittee has signed a statement certi- of both Arms which are open only to fying that he is familiar with the speed hand-propelled vessels. and all other limitations and require- (i) The following portion of Flat ments in these regulations. The appli- Mountain Arm of Yellowstone Lake is cant for a special permit shall also restricted to hand-propelled vessels: agree in writing to provide, in accord- West of a line beginning at a point ance with paragraph (d)(10) of this sec- marked by a monument located on the tion, information concerning the ac- south shore of the Flat Mountain Arm tual travel within the ‘‘Five Mile Per and approximately 10,200 feet easterly Hour Zones.’’ from the southwest tip of the said arm, (2) Removal of vessels. All privately said point being approximately owned vessels, boat trailers, water- 44°22′13.2″ N. latitude and 110°25′07.2″ W. borne craft of any kind, buoys, moor- longitude, then running approximately ing floats, and anchorage equipment 2,800 feet due north to a point marked will not be permitted in the park prior by a monument located on the north to May 1 and must be removed by No- shore of the Flat Mountain Arm, said vember 1. point being approximately 44°22′40″ N. (3) Restricted landing areas. (i) Prior latitude and 110°25′07.2″ W. longitude. to July 1 of each year, the landing of (ii) In the South Arm that portion any vessel on the shore of Yellowstone between a line from Plover Point run- Lake between Trail Creek and ning generally east to a point marked Beaverdam Creek is prohibited, except by a monument on the northwest tip of upon written permission of the Super- the peninsula common to the South intendent. and Southeast Arms; and a line from a

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monument located on the west shore of Hour Zones’’ shall be granted to an op- the South Arm approximately 2 miles erator providing that prior to com- north of the cairn which marks the ex- mencement of such entry the operator treme southern extremity of Yellow- completes and files with the Super- stone Lake in accordance with the Act intendent a form statement showing: of Congress establishing Yellowstone (i) Length, make, and number of mo- National Park; said point being ap- torboat. proximately in latitude 44°18′22.8″ N., at (ii) Type of vessel, such as inboard, longitude 110°20′04.8″ W., Greenwich Me- inboard-outboard, turbojet, and includ- ridian, running due east to a point on ing make and horsepower rating of the east shore of the South Arm motor. marked by a monument. Operation of (iii) Name and address of head of motorboats south of the latter line is party. prohibited. (iv) Number of persons in party. (iii) In the Southeast Arm that por- (v) Number of nights planned to tion between a line from a monument spend in each ‘‘Five Mile Per Hour on the northwest tip of the peninsula Zone.’’ common to the South and Southeast (vi) Place where camping is planned Arms which runs generally east to a within each ‘‘Five Mile Per Hour monument at the mouth of Columbine Zone,’’ or if applicable, whether party Creek; and a line from a cairn which will remain overnight on board. marks the extreme eastern extremity (11) The disturbance of birds inhab- of Yellowstone Lake, in accordance iting or nesting on either of the islands with the Act of Congress establishing designated as ‘‘Molly Islands’’ in the Yellowstone National Park; said point Southeast Arm of Yellowstone Lake is being approximately in latitude prohibited; nor shall any vessel ap- 44°19′42.0″ N., at longitude 110°12′06.0″ proach the shoreline of said islands W., Greenwich Meridian, running west- within one-quarter mile. erly to a point on the west shore of the Southeast Arm, marked by a monu- (12) Boat racing, water pageants, and ment; said point being approximately spectacular or unsafe types of rec- in latitude 44°20′03.6″ N., at longitude reational use of vessels are prohibited 110°16′19.2″ W., Greenwich Meridian. Op- on park waters. eration of motorboats south of the lat- (e) Fishing. (1) Fishing restrictions, ter line is prohibited. based on management objectives de- (7) Motorboats are prohibited on park scribed in the park’s Resources Man- waters except as permitted in para- agement Plan, are established annually graphs (d) (5) and (6) of this section. by the superintendent. (8) Hand-propelled vessel waters. Hand- (2) The superintendent may impose propelled vessels and sail vessels may closures and establish conditions or re- operate in park waters except on those strictions, in accordance with the cri- waters named in paragraph (d)(4) of teria and procedures of §§ 1.5 and 1.7 of this section. this chapter, on any activity per- (9) Five Mile Per Hour Zone motorboat taining to fishing, including, but not restrictions. The operation of motor- limited to, seasons and hours during boats within ‘‘Five Mile Per Hour which fishing may take place, size, Zones’’ is subject to the following re- creel and possession limits, species of strictions: fish that may be taken and methods of (i) Class 1 and Class 2 motorboats taking. shall proceed no closer than one-quar- (3) Closed waters. The following ter mile from the shoreline except to waters of the park are closed to fishing debark or embark passengers, or while and are so designated by appropriate moored when passengers are ashore. signs: (ii) [Reserved] (i) Pelican Creek from its mouth to a (10) Permission required to operate mo- point two miles upstream. torboats in Five Mile Per Hour Zone. (ii) The Yellowstone River and its Written authority for motorboats to tributary streams from the Yellow- enter either or both the South Arm or stone Lake outlet to a point one mile the Southeast Arm ‘‘Five Mile Per downstream.

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(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 (2) The intensive public-use season and their connecting channels with for camping shall be the period July 1 Yellowstone Lake. to Labor Day. During this period camp- (vi) The shores of the southern ex- ing by any person, party, or organiza- treme of the West Thumb thermal area tion shall be limited to a total of 14 along the shore of Yellowstone Lake to days either in a single period or com- the mouth of Little Thumb Creek. bined separate periods. (vii) The Mammoth water supply res- (h) Dogs and cats. Dogs and cats on ervoir. leash, crated, or otherwise under phys- (4) Fishing in closed waters or vio- ical restraint are permitted in the park lating a condition or restriction estab- only within 100 feet of established lished by the superintendent is prohib- roads and parking areas. Dogs and cats ited. are prohibited on established trails and (f) Commercial passenger-carrying vehi- boardwalks. cles. The prohibition against the com- (i) [Reserved] mercial transportation of passengers (j) Travel on trails. Foot travel in all by motor vehicles in Yellowstone Na- thermal areas and within the Yellow- tional Park contained in § 5.4 of this stone Canyon between the Upper Falls chapter shall be subject to the fol- and Inspiration Point must be confined lowing exception: Motor vehicles oper- to boardwalks or trails that are main- ated on an infrequent and non- tained for such travel and are marked scheduled tour on which the visit to by official signs. the park is an incident to such tour, (k) Portable engines and motors. The carrying only round trip passengers operation of motor-driven chain saws, traveling from the point of origin of portable motor-driven electric light the tour will, subject to the conditions plants, portable motor-driven pumps, set forth in this paragraph, be accorded and other implements driven by port- admission to the park for the purpose able engines and motors is prohibited of delivering passengers to a point of in the park, except in Mammoth, Can- overnight stay in the park and exit yon, Fishing Bridge, Bridge Bay, Grant from the park. After passengers have Village, and Madison Campgrounds, for completed their stay, such motor vehi- park operation purposes, and for con- cles shall leave the park by the most struction and maintenance projects au- convenient exit station, considering thorized by the Superintendent. This their destinations. Motor vehicles ad- restriction shall not apply to outboard mitted to the park under this para- motors on waters open to graph shall not, while in the park, en- motorboating. gage in general sightseeing operations. (l)(1) What is the scope of this regula- Admission will be accorded such vehi- tion? The regulations contained in cles upon establishing to the satisfac- paragraphs (l)(2) through (l)(15) and tion of the superintendent that the (l)(18) of this section apply to the use of tour originated from such place and in snowcoaches and snowmobiles by such manner as not to provide in effect guides and park visitors. Except where a regular and duplicating service con- indicated, paragraphs (l)(2) through flicting with, or in competition with, (l)(15) do not apply to non-administra- the services provided for the public tive oversnow vehicle use by affiliated pursuant to contract authorization persons. from the Secretary. The super- (2) What terms do I need to know? The intendent shall have the authority to definitions in this paragraph (l)(2) also

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apply to non-administrative oversnow Oversnow route means that portion of vehicle use by affiliated persons. the unplowed roadway located between Affiliated persons means persons other the road shoulders and designated by than guides or park visitors. Affiliated snow poles or other poles, ropes, fenc- persons include NPS employees, con- ing, or signs erected to regulate tractors, concessioner employees, their oversnow activity. Oversnow routes in- families and guests, or other persons clude pullouts or parking areas that designated by the Superintendent. are groomed or marked similarly to Commercial guide means a person who roadways and are adjacent to des- operates as a snowmobile or snowcoach ignated oversnow routes. An oversnow guide for a monetary fee or other com- route may also be distinguished by the pensation and is authorized to operate interior boundaries of the berm created in the park under a concession con- by the packing and grooming of the tract or a commercial use authoriza- unplowed roadway. tion. Oversnow vehicle means a snow- Commercial tour operator means a per- mobile, snowcoach, or other motorized son authorized to operate oversnow ve- vehicle that is intended for travel pri- hicle tours in the park under a conces- marily on snow and has been author- sion contract or a commercial use au- ized by the Superintendent to operate thorization. in the park. All-terrain vehicles and Enhanced emission standards means utility-type vehicles are not oversnow for snowmobiles, a maximum of 65 vehicles, even if they have been modi- dB(A) as measured at cruising speed fied for use on snow with track or ski (approximately 35 mph) in accordance systems with the Society of Automotive Engi- Snowcoach means a self-propelled neers (SAE) J1161 test procedures and mass transit vehicle intended for travel certified under 40 CFR part 1051 to a on snow, having a curb weight of over Family Emission Limit no greater 1,000 pounds (450 kilograms), having a than 60 g/kW-hr for carbon monoxide; capacity of at least eight passengers and for snowcoaches, a maximum of 71 and no more than 32 passengers, plus a dB(A) when measured by operating the driver. snowcoach at cruising speed for the test cycle in accordance with the SAE Snowcoach transportation event means J1161 test procedures. one snowcoach that does not meet en- Guide means a commercial guide or a hanced emission standards traveling in non-commercial guide. Yellowstone National Park on any Non-commercial guide means a person given day, or two snowcoaches that who has successfully completed train- both meet enhanced emission standing and certification requirements es- ards traveling together in Yellowstone tablished by the Superintendent that National Park on any given day. demonstrate the requisite knowledge Snowmobile means a self-propelled ve- and skills to operate a snowmobile in hicle intended for travel solely on Yellowstone National Park. In order to snow, with a maximum curb weight of be certified and receive a special use 1,000 pounds (450 kilograms), driven by permit, a non-commercial guide must a track or tracks in contact with the be at least 18 years of age by the day of snow, and which may be steered by a the trip and possess a valid state-issued ski or skis in contact with the snow. motor vehicle driver’s license. Snowmobile transportation event means Non-commercially guided group means a group of 10 or fewer commercially a group of no more than five snowmo- guided snowmobiles traveling together biles, including a non-commercial in Yellowstone National Park on any guide, permitted to enter the park given day or a non-commercially guid- under the Non-commercially Guided ed group, which is defined separately. Snowmobile Access Program. Snowmobiles entering Cave Falls Road Non-commercially Guided Snowmobile are not considered snowmobile trans- Access Program means a program that portation events. permits authorized parties to enter Snowplane means a self-propelled ve- Yellowstone National Park without a hicle intended for oversnow travel and commercial guide. driven by an air-displacing propeller.

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Transportation event means a snow- authorization each winter season. mobile transportation event or a Snowcoach operation is subject to the snowcoach transportation event. conditions stated in the concessions (3) When may I operate a snowmobile in contract or commercial use authoriza- Yellowstone National Park? You may op- tion and all other conditions identified erate a snowmobile in Yellowstone Na- in this section. The Superintendent tional Park each winter season only in may establish additional operating compliance with use limits, guiding re- conditions, including performance- quirements, operating hours, equip- based emission standards for ment, and operating conditions estab- snowcoaches, after providing notice of lished under this section. The oper- those conditions in accordance with ation of snowmobiles under a conces- one or more methods listed in 36 CFR sions contract or commercial use au- 1.7. thorization is subject to the conditions (ii) The requirements in paragraphs stated in the concessions contract or (l)(4)(iii) through (iv) of this section commercial use authorization. The Su- apply to: perintendent may establish additional (A) new snowcoaches put into service operating conditions after providing on or after December 15, 2014; notice of those conditions in accord- (B) snowcoaches used in lieu of snow- ance with one or more methods listed mobile transportation events during in 36 CFR 1.7. the 2014–2015 and 2015–2016 winter sea- (4) When may I operate a snowcoach in sons; and Yellowstone National Park? (i) A (C) all existing snowcoaches as of De- snowcoach may be operated in Yellow- cember 15, 2016. stone National Park only under a con- (iii) The following air emission re- cessions contract or commercial use quirements apply to snowcoaches:

A snowcoach that is a . . . must meet the following standard . . .

(A) Diesel-fueled snowcoach with a gross vehicle The functional equivalent of 2010 (or newer) EPA Tier 2 model year weight rating (GVWR) less than 8,500 pounds. engine and emission control technology requirements. (B) Diesel-fueled snowcoach with a GVWR greater than The EPA model year 2010 ‘‘engine configuration certified’’ diesel air or equal to 8,500 pounds. emission requirements. Alternately, a snowcoach in this category may be certified under the functional equivalent of 2010 (or newer) EPA Tier 2 model year engine and emission control technology requirements if the snowcoach: (1) Has a GVWR between 8,500 and 10,000 pounds; and (2) Would achieve better emission results with a configuration that meets the Tier 2 requirements. (C) Gasoline-fueled snowcoach greater than or equal to The functional equivalent of 2008 (or newer) EPA Tier 2 model year 10,000 GVWR. engine and emission control technology requirements. (D) Gasoline-fueled snowcoach less than 10,000 The functional equivalent of 2007 (or newer) EPA Tier 2 model year GVWR. engine and emission control technology requirements.

(iv) A snowcoach may not exceed a (vi) Operating a snowcoach with the sound level of 75 dB(A) when measured original pollution control equipment by operating the snowcoach at 25 mph, disabled or modified is prohibited. or at its maximum cruising speed if (vii) Before the start of a winter sea- that is less than 25 mph, for the test son, a snowcoach manufacturer or a cycle in accordance with the SAE J1161 commercial tour operator must dem- test procedures. onstrate, by means acceptable to the (v) All emission-related exhaust com- Superintendent, that a snowcoach ponents (as listed in the applicable por- meets the air and sound emission tion of 40 CFR 86.004–25) must function standards. The NPS will test and cer- properly. These emission-related com- tify snowcoaches for compliance with ponents must be replaced with the air and sound emission requirements at original equipment manufacturer locations in the park. A snowcoach (OEM) component, if practicable. If meeting the requirements for air and OEM parts are not available, sound emissions may be operated in aftermarket parts may be used. the park through the winter season that begins no more than 10 years from

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the engine manufacture date, or longer (B) As of December 15, 2015, snowmo- if the snowcoach is certified to meet biles must operate at or below 67 dB(A) performance-based emission standards as measured at cruising speed (approxi- established by the Superintendent mately 35mph) in accordance with SAE under paragraph (l)(4)(i) of this section. J1161 test procedures. Sound emissions (viii) Snowcoaches are subject to tests must be accomplished within the periodic and unannounced inspections barometric pressure limits of the test to determine compliance with the re- procedure; there will be no allowance quirements of paragraph (l)(4) of this for elevation. A population of measure- section. ments for a snowmobile model may not (ix) This paragraph (l)(4) also applies exceed a mean output of 67 dB(A), and to non-administrative oversnow vehi- a single measurement may not exceed cle use by affiliated persons. 69 dB(A). The Superintendent may re- (5) Must I operate a certain model of vise these testing procedures based on snowmobile? Only snowmobiles that new information or updates to the SAE meet NPS air and sound emissions re- J1161 testing procedures. quirements in this section may be op- (iii) A snowmobile meeting the re- erated in the park. Before the start of quirements for air and sound emissions a winter season, a snowmobile manu- may be operated in the park for a pe- facturer must demonstrate, by means riod not exceeding six years from the acceptable to the Superintendent, that manufacturing date, or after the snow- a snowmobile meets the air and sound mobile has travelled 6,000 miles, which- emission standards. The Super- ever occurs later. intendent will approve snowmobile (iv) Operating a snowmobile that has makes, models, and years of manufac- been modified in a manner that may ture that meet those requirements. adversely affect air or sound emissions Any snowmobile model not approved is prohibited. by the Superintendent may not be op- (v) These air and sound emissions re- erated in the park. quirements do not apply to snowmo- (6) What standards will the Super- biles operated on the Cave Falls Road intendent use to approve snowmobile in the park. makes, models, and years of manufacture (vi) Snowmobiles are subject to peri- for use in the park? (i) Snowmobiles odic and unannounced inspections to must meet the following air emission determine compliance with the re- requirements: quirements of paragraph (l)(6) of this (A) Through March 15, 2015, all snow- section. mobiles must be certified under 40 CFR (vii) This paragraph (l)(6) also applies part 1051 to a Family Emission Limit to non-administrative oversnow vehi- no greater than 15 g/kW-hr for hydro- cle use by affiliated persons. carbons and to a Family Emission (7) Where may I operate a snowmobile Limit no greater than 120 g/kW-hr for in Yellowstone National Park? (i) You carbon monoxide. may operate an authorized snowmobile (B) As of December 15, 2015, all snow- only upon designated oversnow routes mobiles must be certified under 40 CFR established within the park in accord- part 1051 to a Family Emission Limit ance with 36 CFR 2.18(c). The following no greater than 15 g/kW-hr for hydro- oversnow routes are so designated: carbons and to a Family Emission (A) Entrance roads: from the parking Limit no greater than 90 g/kW-hr for lot at Upper Terrace Drive south of carbon monoxide. Mammoth Hot Springs to Norris Junc- (ii) Snowmobiles must meet the fol- tion, from the park boundary at West lowing sound emission requirements: Yellowstone to Madison Junction, from (A) Through March 15, 2015, snowmo- the South Entrance to West Thumb, biles must operate at or below 73 dB(A) and from the East Entrance to junction as measured at full throttle according with the Grand Loop Road. to SAE J192 test procedures (revised (B) Grand Loop Road segments: from 1985). During this period, snowmobiles Norris Junction to Madison Junction, may be tested at any barometric pres- from Madison Junction to West sure equal to or above 23.4 inches Hg Thumb, from West Thumb to the junc- uncorrected. tion with the East Entrance Road,

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from Norris Junction to Canyon Junc- (9) Must I travel with a guide while tion, and from Canyon Junction to the snowmobiling in Yellowstone and what junction with the East Entrance Road. other guiding requirements apply? (i) All (C) Side roads: South Canyon Rim visitors operating snowmobiles in the Drive, Lake Butte Road, Firehole Can- park must be accompanied by a guide. yon Drive, North Canyon Rim Drive, (ii) Unguided snowmobile access is and Riverside Drive. prohibited. (D) Developed area roads in the areas (iii) The Superintendent will estab- of Madison Junction, Old Faithful, lish the requirements, including train- Grant Village, West Thumb, Lake, East ing and certification requirements for Entrance, Fishing Bridge, Canyon, In- commercial guides and non-commer- dian Creek, and Norris. cial guides and accompanying snow- (ii) The Superintendent may open or mobile operators. close these oversnow routes, or por- (iv) Guided parties must travel to- tions thereof, for snowmobile travel gether within one-third of a mile of the after taking into consideration the lo- first snowmobile in the group. cation of wintering wildlife, appro- (v) Snowmobiles operated by non- priate snow cover, public safety, ava- commercial guides must be clearly lanche conditions, resource protection, marked so that park personnel can eas- park operations, use patterns, and ily ascertain which snowmobiles in the park are part of a non-commercially other factors. The Superintendent will guided group. provide public notice of any opening or (vi) Non-commercial guides must ob- closing by one or more of the methods tain a special use permit from the Non- listed in 36 CFR 1.7. commercially Guided Snowmobile Ac- (iii) This paragraph (l)(7) also applies cess Program prior to entering the to non-administrative oversnow vehi- park with a non-commercially guided cle use by affiliated persons. group. (iv) Maps detailing the designated (vii) The guiding requirements de- oversnow routes are available at Park scribed in this paragraph (l)(9) do not Headquarters. apply to Cave Falls Road. (8) What routes are designated for (10) Are there limits upon the number of snowcoach use? (i) Authorized snowmobiles and snowcoaches permitted snowcoaches may be operated on the to operate in the park each day? As of routes designated for snowmobile use December 15, 2014, the number of snow- in paragraph (l)(7)(i) of this section. mobiles and snowcoaches permitted to Snowcoaches may be operated on the operate in the park each day will be Grand Loop Road from Canyon Junc- managed by transportation events, as tion to the Washburn Hot Springs follows: Overlook. In addition, rubber-tracked (i) A transportation event consists of snowcoaches may be operated from the a group of no more than 10 snowmo- park entrance at Gardiner, MT, to the biles (including the snowmobile oper- parking lot of Upper Terrace Drive and ated by the guide) or 1 snowcoach (un- in the Mammoth Hot Springs developed less enhanced emission standards allow area. for 2). (ii) The Superintendent may open or (ii) No more than 110 transportation close these oversnow routes, or por- events may occur in Yellowstone Na- tions thereof, after taking into consid- tional Park on any given day. eration the location of wintering wild- (iii) No more than 50 of the 110 trans- life, appropriate snow cover, public portation events allowed each day may safety, avalanche conditions, resource be snowmobile transportation events. protection, park operations, use pat- (iv) Four of the 50 snowmobile trans- terns, and other factors. The Super- portation events allowed each day are intendent will provide public notice of reserved for non-commercially guided any opening or closing by one of more groups, with one such group allowed of the methods listed in 36 CFR 1.7. per entrance per day. The Super- (iii) This paragraph (l)(8) also applies intendent may adjust or terminate the to non-administrative snowcoach use Non-commercially Guided Snowmobile by affiliated persons. Access Program, or redistribute non-

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commercially guided transportation 2014–2015 winter season only, snow- events, based upon impacts to park re- mobile transportation events con- sources, park operations, utilization ducted by a commercial tour operator rates, visitor experiences, or other fac- that consist of any snowmobile that tors, after providing public notice in does not meet the air emission require- accordance with one or more methods ments in paragraph (l)(6)(i)(B) of this listed in 36 CFR 1.7. section or the sound emission require- (v) Transportation events allocated ments in paragraph (l)(6)(ii)(B) of this to commercial tour operators may be section may not exceed an average of 7 exchanged among commercial tour op- snowmobiles, averaged daily. erators, but only for the same entrance (ix) Snowcoach transportation events or location. that consist entirely of snowcoaches (vi) Commercial tour operators may meeting enhanced emission standards decide whether to use their daily allo- may not exceed an average of 1.5 cations of transportation events for snowcoaches, averaged over the winter snowmobiles or snowcoaches, subject season. to the limits in this section. (x) A commercial tour operator that (vii) Transportation events may not is allocated a transportation event, but exceed the maximum number of does not use it or exchange it can oversnow vehicles allowed for each count that event as ‘‘0’’ against that transportation event. commercial tour operator’s daily and (viii) Snowmobile transportation seasonal averages. A commercial tour events conducted by a commercial tour operator that receives a transportation operator may not exceed an average of event from another concessioner, but 7 snowmobiles, averaged over the win- does not use it, may also count that ter season. However, snowmobile trans- event as ‘‘0’’ against its daily and sea- portation events conducted by a com- sonal averages. mercial tour operator that consist en- (xi) Up to 50 snowmobiles may enter tirely of snowmobiles meeting en- Cave Falls Road each day. hanced emission standards may not ex- (xii) Daily allocations and entrance ceed an average of 8 snowmobiles, aver- distributions for transportation events aged over the winter season. For the are listed in the following table:

DAILY TRANSPORTATION EVENT ENTRY LIMITS BY PARK ENTRANCE/LOCATION

Snowcoach Snowcoach transportation Commercially Non-commercially transportation events if zero guided guided events if all 50 commercially Park entrance/location snowmobile snowmobile snowmobile guided transportation transportation transportation snowmobile events events events are used transportation events are used*

West Entrance ...... 23 1 26 49 South Entrance ...... 17 1 8 25 East Entrance ...... 2 1 1 3 North Entrance ...... 2 1 13 15 Old Faithful ...... 2 0 12 14

Total ...... 46 4 60 106 * The remaining 4 transportation events are reserved for non-commercially guided snowmobiles.

(xiii) The Superintendent may de- riences, or other factors. The Super- crease the maximum number of trans- intendent will provide public notice of portation events allowed in the park changes by one or more of the methods each day, or make limited changes to listed in 36 CFR 1.7. the transportation events allocated to (xiv) For the 2013–2014 winter season each entrance, after taking into con- only, the number of snowmobiles and sideration the location of wintering snowcoaches allowed to operate in the wildlife, appropriate snow cover, public park each day is limited to a certain safety, avalanche conditions, park op- number per entrance or location as set erations, utilization rates, visitor expe- forth in the following table. During

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this period, all snowmobiles operated parties must travel in a group of no by park visitors must be accompanied more than 11 snowmobiles, including by a commercial guide. Snowmobile the guide.

NUMBER OF SNOWMOBILES AND SNOWCOACHES ALLOWED IN THE PARK ON ANY DAY BY PARK ENTRANCE/LOCATION FOR THE 2013–2014 WINTER SEASON

Commercially Commercially Park entrance/location guided guided snowmobiles snowcoaches

West Entrance ...... 160 34 South Entrance ...... 114 13 East Entrance ...... 20 2 North Entrance * ...... 12 13 Old Faithful * ...... 12 16 * Commercially guided snowmobile tours originating at the North Entrance and Old Faithful are currently provided solely by one concessioner. Because this concessioner is the sole provider at both of these areas, this regulation allows reallocation of snowmobiles between the North Entrance and Old Faithful as necessary, so long as the total daily number of snowmobiles originating from the two locations does not exceed 24. For example, the concessioner could operate 6 snowmobiles at Old Faithful and 18 at the North Entrance if visitor demand warranted it. This will allow the concessioner to respond to changing visitor demand for commercially guided snowmobile tours, thus enhancing the availability of visitor services in Yellowstone.

(xv) Paragraph (l)(10)(xiv) remains in snowmobiles or snowcoaches, the num- effect until March 15, 2014. ber of visitors and guides, the entrance (11) How will the park monitor compli- used, route, and primary destinations, ance with the required average and max- and if the transportation event alloca- imum size of transportation events? As of tion was from another commercial tour December 15, 2014: operator. (i) Each commercial tour operator (iv) To qualify for the increased aver- must maintain accurate and complete age size of snowmobile transportation records of the number of transpor- events or increased maximum size of tation events it has brought into the snowcoach transportation events, a park on a daily basis. commercial tour operator must: (ii) The records kept by commercial (A) Demonstrate before the start of a tour operators under paragraph winter season, by means acceptable to (l)(11)(i) of this section must be made the Superintendent, that his or her available for inspection by the park snowmobiles or snowcoaches meet the upon request. enhanced emission standards; and (iii) Each commercial tour operator (B) Maintain separate records for must submit a monthly report to the snowmobiles and snowcoaches that park that includes the information meet enhanced emission standards and below about snowmobile and those that do not to allow the park to snowcoach use. We may require the re- measure compliance with required av- port to be submitted more frequently erage and maximum sizes of transpor- than monthly if it becomes necessary tation events. to more closely monitor activities to (12) How will I know when I can oper- protect natural or cultural resources in ate a snowmobile or snowcoach in the the park. park? The Superintendent will: (A) Average group size for allocated (i) Determine the start and end dates transportation events during the pre- of the winter season, which will begin vious month and for the winter season no earlier than December 15 and end no to date. Any transportation events later than March 15 each year. The Su- that have been exchanged among com- perintendent will consider appropriate mercial tour operators must be noted factors when determining the length of and the receiving party must include the winter season, including adequate these transportation events in its re- snow cover, the location of wintering ports. wildlife, public safety, resource protec- (B) For each transportation event; tion, park operations, and use patterns. the departure date, the duration of the Based upon these factors, the Super- trip (in days), the event type (snow- intendent may determine that there mobile or snowcoach), the number of will be no winter season for oversnow

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vehicles or that certain areas of the might be obscured. Oversnow vehicles park may be closed to public OSV use. may not be operated so slowly as to (ii) Determine operating hours, dates, interfere with the normal flow of traf- and use levels. fic. (iii) Notify the public of the start and (B) Oversnow vehicle drivers must end dates of the winter season, oper- possess and carry at all times a valid ating hours, dates, use levels, and any government-issued motor vehicle driv- applicable changes through one or er’s license. A learner’s permit does not more of the methods listed in § 1.7 of satisfy this requirement. this chapter. (C) Equipment sleds towed by a snow- (iv) Except for emergency situations, mobile must be pulled behind the snow- announce annually any changes to the mobile and fastened to the snowmobile operating hours, dates, and use levels. with a rigid hitching mechanism. (13) What other conditions apply to the (D) Snowmobiles must be properly operation of oversnow vehicles? (i) The registered in the U.S. State or Cana- following are prohibited: dian Province of principal use and (A) Idling an oversnow vehicle for must display a valid registration. more than three minutes at any one (E) The only motor vehicles per- time. mitted on oversnow routes are (B) Driving an oversnow vehicle oversnow vehicles. while the driver’s motor vehicle license (F) An oversnow vehicle that does or privilege is suspended or revoked. not meet the definition of a snowcoach (C) Allowing or permitting an unli- must comply with all requirements ap- censed driver to operate an oversnow plicable to snowmobiles. vehicle. (D) Driving an oversnow vehicle with (iii) The Superintendent may impose disregard for the safety of persons, other terms and conditions as nec- property, or park resources, or other- essary to protect park resources, visi- wise in a reckless manner. tors, or employees. The Superintendent (E) Operating an oversnow vehicle will notify the public of any changes without a lighted white headlamp and through one or more methods listed in red taillight. § 1.7 of this chapter. (F) Operating an oversnow vehicle (iv) This paragraph (l)(13) also applies that does not have brakes in good to non-administrative oversnow vehi- working order. cle use by affiliated persons. (G) The towing of persons on skis, (14) What conditions apply to alcohol sleds, or other sliding devices by use while operating an oversnow vehicle? oversnow vehicles, except for emer- In addition to 36 CFR 4.23, the fol- gency situations. lowing conditions apply: (H) Racing snowmobiles, or operating (i) Operating or being in actual phys- a snowmobile in excess of 35 mph, or ical control of an oversnow vehicle is operating a snowmobile in excess of prohibited when the operator is under any lower speed limit in effect under 21 years of age and the alcohol con- § 4.21(a)(1) or (2) of this chapter or that centration in the operator’s blood or has been otherwise designated. breath is 0.02 grams or more of alcohol (I) Operating a snowcoach in excess per 100 milliliters of blood, or 0.02 of 25 mph, or operating a snowcoach in grams or more of alcohol per 210 liters excess of any lower speed limit in ef- of breath. fect under § 4.21(a)(1) or (2) of this chap- (ii) Operating or being in actual ter or that has been otherwise des- physical control of an oversnow vehicle ignated. is prohibited when the operator is a (ii) The following are required: guide and the alcohol concentration in (A) All oversnow vehicles that stop the operator’s blood or breath is 0.04 on designated routes must pull over to grams or more of alcohol per 100 milli- the far right and next to the snow liters of blood or 0.04 grams or more of berm. Pullouts must be used where alcohol per 210 liters of breath. available and accessible. Oversnow ve- (iii) This paragraph (1)(14) also ap- hicles may not be stopped in a haz- plies to non-administrative oversnow ardous location or where the view vehicle use by affiliated persons.

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(15) Do other NPS regulations apply to cheological thermal pool or stream the use of oversnow vehicles? (i) The use that has waters originating entirely of oversnow vehicles in Yellowstone from a thermal spring or pool is pro- National Park is subject to §§ 2.18(a) hibited. and (c), but not subject to §§ 2.18(b), (d), [36 FR 12014, June 24, 1971] (e), and 2.19(b) of this chapter. (ii) This paragraph (l)(15) also applies EDITORIAL NOTE: For FEDERAL REGISTER ci- to non-administrative oversnow vehi- tations affecting § 7.13, see the List of CFR cle use by affiliated persons. Sections Affected, which appears in the (16) What forms of non-motorized Finding Aids section of the printed volume and at www.govinfo.gov. oversnow transportation are allowed in the park? § 7.14 Great Smoky Mountains Na- (i) Non-motorized travel consisting of tional Park. skiing, skating, snowshoeing, or walking is permitted unless otherwise re- (a) Fishing—(1) License. A person fish- stricted under this section or other ing within the park must have in pos- NPS regulations. session the proper State fishing license (ii) The Superintendent may des- issued by either Tennessee or North ignate areas of the park as closed, re- Carolina. A holder of a valid resident open previously closed areas, or estab- or nonresident license issued by either lish terms and conditions for non-mo- State may fish throughout the park ir- torized travel within the park in order respective of State boundaries, except to protect visitors, employees, or park in Closed and Excluded Waters. resources. The Superintendent will no- (2) Closed and Excluded Waters. All tify the public in accordance with § 1.7 waters of Mingus Creek, Lands Creek, of this chapter. Chestnut Branch and that portion of (iii) Dog sledding and ski-joring (a LeConte Creek as posted through the skier being pulled by a dog, horse, or park residential area of Twin Creeks, vehicle) are prohibited. Bicycles, in- are closed to and excluded from fish- cluding bicycles modified for oversnow ing. travel, are prohibited on oversnow (3) Open Waters. (i) All of the waters routes in Yellowstone National Park. of the Oconaluftee River downstream (17) May I operate a snowplane in Yel- from where it joins with Raven Fork to lowstone National Park? The operation the park boundary and that portion of of a snowplane in Yellowstone National Raven Fork from its junction with the Park is prohibited. Oconaluftee River upstream and paral- (18) Is violating a provision of this sec- leling the Big Cove Road to the park tion prohibited? (i) Violating a term, boundary are open to fishing in accord- condition, or requirement of paragraph ance with the Cherokee Fish and Game (l) of this section is prohibited. Management regulations. (ii) Violation of a term, condition, or (ii) All other park waters are open to requirement of paragraph (l) of this fishing in accordance with National section by a guide may also result in Park Service regulations. the administrative revocation of guid- (4) Season. Open all year for rainbow ing privileges. and brown trout, smallmouth bass, and (19) Have the information collection re- redeye (rockbass). All other fish are quirements been approved? The Office of protected and may not be taken by any Management and Budget has reviewed means. and approved the information collec- (5) Time. Fishing is permitted from tion requirements in paragraph (l) and sunrise to sunset only. assigned OMB Control No. 1024–0266. We (6) Fish and equipment and bait. Fish- will use this information to monitor ing is permitted only by use of one compliance with the required average handheld rod and line. and maximum size of transportation (i) Only artificial flies or lures hav- events. The obligation to respond is re- ing one single hook may be used. quired in order to obtain or retain a (ii) The use or possession of any form benefit. of fish bait other than artificial flies or (m) Swimming. The swimming or lures on any park stream while in pos- bathing in a natural, historical, or ar- session of fishing tackle is prohibited.

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(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 mediately returned unharmed to the marked on maps available in the Su- water from which taken. perintendent’s office, visitor centers (i) No trout or bass less than 7″ in and ranger stations. A person or group length may be retained. of persons may camp overnight at any (ii) No size limit on redeye other backcountry location within the (rockbass). park, except: (8) Possession limit. (i) Possession (1) No person or group of persons limit shall mean and include the num- traveling together may camp without a ber of trout, bass or redeye (rockbass) valid backcountry camping permit. caught in park waters which may be in The issuance of this permit may be de- possession, regardless of whether they nied when such action is necessary to are fresh, stored in ice chests, or other- protect park resources or park visitors, wise preserved. A person must stop and or to regulate levels of visitor use in desist from fishing for the remainder of legislatively-designated wilderness the day upon attaining the possession areas; limit. (2) No person may camp in or with a (ii) Five, fish, trout, bass, or redeye, group of more than nine (9) other per- or a combination thereof, is the max- sons; imum number which a person may re- (3) No person or group may tain in one day or be in possession of at backcountry camp: any one time. (i) Within 250 yards or in view from (9) The superintendent may designate any paved park road or the park bound- certain waters as Experimental Fish ary; Management Waters and issue tem- (ii) Within one-half mile or in view porary and special rules regulating from any automobile campground, fishing use by posting signs and lodge, restaurant, visitor center, picnic issuance of official public notification. area, ranger station, administrative or All persons shall observe and abide by maintenance area, or other park devel- such officially posted rules pertaining opment or facility except a trail, an to these specially designated waters. unpaved road or a trail shelter; (b) Beer and alcoholic beverages. The (iii) On or in view from any trail or possession of beer or any alcoholic bev- unpaved road, or within sight of any erages in an open or unsealed con- sign which has been posted by park au- tainer, except in designated picnic, thorities to designate a no camping camping, or overnight lodging facili- area; ties, is prohibited. (iv) Within view of another camping [24 FR 11041, Dec. 30, 1959, as amended at 31 party, or inside or within view from a FR 5827, Apr. 15, 1966; 32 FR 21038, Dec. 30, trail shelter: Provided, however, That 1967; 33 FR 18156, Dec. 6, 1968; 40 FR 16315, backcountry campers may seek shelter Apr. 11, 1975; 40 FR 25590, June 17, 1975; 48 FR and sleep within or adjacent to a trail 30294, June 30, 1983; 48 FR 31022, July 6, 1983] shelter with other camping groups, during periods of severely unseasonable § 7.15 Shenandoah National Park. weather when the protection and (a) Backcountry camping. For pur- amenities of such shelter are deemed poses of clarification at Shenandoah essential; National Park, ‘‘backcountry camp- (v) Within 25 feet of any stream; and ing’’ is defined as any use of portable (4) No person shall backcountry camp shelter or sleeping equipment in the more than two (2) consecutive nights backcountry. ‘‘Backcountry’’ is defined at a single location. The term ‘‘loca- as those areas of the park which are tion’’ shall mean that particular camp- more than 250 yards from a paved road, site and the surrounding area within a and more than one-half mile from any two hundred fifty (250) yard radius of park facilities other than trails, un- that campsite. paved roads and trail shelters. The Su- (b) Powerless flight. The use of devices perintendent may designate areas designed to carry persons through the where backcountry camping is prohib- air in powerless flight is allowed at ited if there would be potential damage times and locations designated by the

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

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

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

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

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or, in the case of motor vehicles oper- (2) Definition—Alcoholic beverages. ated exclusively on park roads, with Any liquid beverage containing 1⁄2 of 1 the superintendent. An annual reg- percent or more of alcohol by weight. istration fee of $6 will be charged for (b) Bicycles. (1) The Superintendent vehicles registered with the super- may authorize bicycle use on all or intendent which are not connected portions of each of the following trails: with the operation of the park. (i) East Rim (approximately 10 (m) Trucking. (1) The fees for special miles); trucking permits issued in emergencies (ii) Old Carriage Connector Trail (ap- pursuant to paragraph (b) of § 5.6 of this proximately 0.35 miles); and chapter shall be based on the licensed (iii) Highland Connector Trail (ap- capacity of trucks, trailers, or proximately 1.0 mile). semitrailers, as follows: (2) After trail construction is com- Trucks, less than 1 ton. plete: Trucks of 1 ton and over, but not to exceed (i) To authorize bicycle use, the Su- 10 tons. perintendent must make a written de- Appropriate automobile permit fee. $5 for termination that: each ton or fraction thereof. (A) The trail is open for public use; (i) The fee charged is for one round and trip between any two park entrances (B) Bicycle use is consistent with the provided such trip is made within one protection of the park area’s natural, 24-hour period; otherwise the fee is for scenic and aesthetic values, safety con- a one-way trip. siderations, and management objec- (ii) Trucks carrying bona fide park tives, and will not disturb wildlife or visitors and/or their luggage or camp- park resources. ing equipment may enter the park (ii) The Superintendent will provide upon payment of the regular recreation public notice of all such actions fees. through one or more of the methods (2) The fee provided in paragraph listed in § 1.7 of this chapter. (m)(1) of this section also shall apply to (3) The Superintendent may open or permits which the superintendent may close authorized trails, or portions issue for trucking through one park en- thereof, or impose conditions or re- trance to and from privately owned strictions for bicycle use after taking lands contiguous to the park bound- into consideration public health and aries, except that such fee shall be con- safety, natural and cultural resource sidered an annual vehicle fee covering protection, and other management ac- the use of park roads between the point tivities and objectives. of access to such property and the (i) The Superintendent will provide nearest park exit connecting with a public notice of all such actions State or county road. through one or more of the methods listed in § 1.7 of this chapter. [24 FR 11042, Dec. 30, 1959] (ii) Violating a closure, condition, or EDITORIAL NOTE: For FEDERAL REGISTER ci- restriction is prohibited. tations affecting § 7.16, see the List of CFR Sections Affected, which appears in the [47 FR 24299, June 4, 1982, as amended at 80 Finding Aids section of the printed volume FR 51952, Aug. 27, 2015] and at www.govinfo.gov. § 7.18 Hot Springs National Park. § 7.17 Cuyahoga Valley National Park. (a) Commercial Vehicles. Permits shall (a) Alcoholic beverages—(1) Possession. be required for the operation of com- The possession or consumption of a mercial passenger-carrying vehicles, bottle, can, or other receptacle con- including taxicabs, carrying passengers taining an alcoholic beverage which for hire over park roads for sightseeing has been opened, a seal broken, or the purposes. The fees for such permits contents of which have been partially shall be as follows: removed is prohibited, except in resi- (1) Fleet operator; equipment that in- dences or other areas specifically au- cludes any combination of commercial thorized by the superintendent as to passenger-carrying vehicles, including time and place. taxicabs. Calendar-year permit—$25.

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(2) Bus operator; equipment limited ient locations within the monument, to a single bus-type vehicle with pas- canyons or portions thereof which may senger-carrying seat capacity in excess be visited or entered without being so of eight persons. Calendar-year per- accompanied. mit—$20. (b) The Superintendent may issue (3) Taxicab operator; equipment lim- permits to properly qualified persons ited to a single vehicle with a capacity to act as guides for the purpose of ac- of not over eight passenger-carrying companying visitors within the can- seats. Calendar-year permit—$12. yons. (4) The fees for permits issued for [32 FR 13129, Sept. 15, 1967] commercial passenger-carrying vehicle operations starting on or after July 1 § 7.20 Fire Island National Seashore. of each calendar year will be one-half (a) Operation of motor vehicles—(1) of the respective rates mentioned in Definitions. The following definitions paragraphs (a)(1), (2), and (3) of this shall apply to all provisions of this section. paragraph (a): (b) Use of water. The taking or car- (i) ‘‘Act’’ means the Act of Sep- rying away of water, hot or cold, from tember 11, 1964 (Pub. L. 88–587, 78 Stat. any of the springs, fountains, or other 928, 16 U.S.C. 459e et seq.), or as the sources of supply in Hot Springs Na- same may be amended or supple- tional Park for the purpose of sale, or mented, which authorizes the estab- for any use other than personal drink- lishment of the Seashore. ing, is prohibited. (ii) ‘‘Seashore lands’’ means any (c) Bicycle use. (1) The Super- lands or interests in lands owned or intendent may designate all or a por- hereafter acquired by the United tion of the following trail as open to bi- States within the authorized bound- cycle use: aries of the Seashore. It shall also (i) Pullman Avenue Trail Connection mean any lands or interests in lands (full length of the trail approximately owned by the United States which are 0.65 miles). on the island, outside the authorized (ii) [Reserved] boundaries of the Seashore, and man- (2) A map showing trails open to bi- aged for recreational purposes by the cycle use will be available at park vis- National Park Service pursuant to an itor centers and posted on the park agreement with another Federal agen- website. The Superintendent will pro- cy. vide notice of all trails designated for (iii) ‘‘Island’’ means the entirety of bicycle use in accordance with § 1.7 of Fire Island, New York; without regard this chapter. The Superintendent may for property ownership, jurisdiction, or limit, restrict, or impose conditions on the boundaries of Fire Island National bicycle use, or close any trail to bicy- Seashore. cle use, or terminate such conditions, (iv) ‘‘Mainland’’ means the land of closures, limits, or restrictions in ac- Long Island, N.Y. cordance with § 4.30 of this chapter. (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; 84 FR 64426, Nov. 22, 2019] 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 public inspection in the Office of the vehicle is in use for supplying such Superintendent and at other conven- service.

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(viii) ‘‘Year-round residents’’ means foot line, no vehicle travel is per- those persons who are legally domi- mitted. ciled on the island and who, in addi- (ii) A 1-mile route in the interior of tion, physically reside in their fixed the Island, crossing the ‘‘Lighthouse and permanent homes on the island Tract’’ from the easterly end of the continuously, except for brief and occa- paved road in Robert Moses State Park sional absences, for 12 months of the to the eastern boundary of the Tract, year. which is the western boundary of the (ix) ‘‘Part-time residents’’ means community of Lighthouse Shores-Kis- those persons who physically and con- met Park. tinuously reside in their homes on the (iii) An interior route which extends Island for less than 12 months of the intermittently the length of the island, year. commonly referred to as the ‘‘Burma (x) ‘‘Essential service vehicle’’ means Road,’’ for limited travel by public any motor vehicle other than a public utility and law enforcement vehicles utility vehicle whose use on the Island and fire fighting apparatus. is essential to the continued use of (iv) Posted dune crossings from the residences on the Island. This may in- beach to the ‘‘Burma Road’’ or to path- clude vehicles used for the following ways within the island communities. purposes, while in use for such pur- (3) Alternative means of transportation. poses: In providing for access to the island, (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 transportation of materials or supplies to service in question permits departure retail business establishments on the from an island terminal before 9 a.m. Island. and departure from a mainland terminal after 5 p.m. on the same day; and (2) Routes for motor vehicle travel. No motor vehicle may be operated on Sea- (ii) When the interval between the shore lands except on routes designated earliest and latest service provided by for that purpose and subject to the lim- the transportation service in question itations of this paragraph (a). The fol- on any day exceeds 8 hours, such serv- lowing are the routes for off-road ice provides at least one round trip be- motor vehicle travel on Seashore lands, tween the mainland and the island dur- which shall be designated on a map ing that interval; and available at the office of the Super- (iii) The island transportation ter- intendent or by the posting of signs minal in question is no more than one where appropriate: mile from the point of origin or des- (i) Along the Atlantic Ocean on the tination on the island or from a point south shore of Fire Island, within the on the island to which access by motor Seashore boundaries between the vehicle is permitted; and water’s edge and 20 feet seaward of the (iv) The mode of transportation in beach grass (Ammophila breviligata) question is adequate to carry the per- line. If the water is higher than this 20- 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 section? tion charts or other aids to aviation The regulations contained in para- which are available for the Fire Island graphs (a)(2) through (a)(17) of this sec- area. tion apply to the use of snowcoaches (c) Information collection. The infor- and recreational snowmobiles. Except mation collection requirements con- where indicated, paragraphs (a)(2) tained in this section have been ap- through (a)(15) do not apply to non-ad- proved by the Office of Management ministrative oversnow vehicle use by and Budget under 44 U.S.C. 3501 et seq. NPS, contractor, or concessioner em- and assigned clearance number 1024– ployees, or other non-recreational 0026. This information is being col- users authorized by the Super- lected in order for the superintendent intendent. to issue permits and grant administra- (2) What terms do I need to know? The tive benefits. The obligation to respond definitions in this paragraph (a)(2) also is required in order to obtain a benefit. apply to non-administrative oversnow (d) Personal watercraft. (1) Personal vehicle use by NPS, contractor, or con- watercraft (PWC) may operate in the cessioner employees, and other non- following locations and under the fol- recreational users authorized by the lowing conditions: Superintendent. (i) Great South Bay from the western Commercial guide means a guide who boundary of the national seashore adja- operates a snowmobile or snowcoach cent to Robert Moses State Park, east for a fee or compensation and is au- to the western boundary of the Sunken thorized to operate in the park under a Forest, excluding any area within 1,000 concession contract. In this section, feet of the shoreline, except as pro- ‘‘guide’’ also means ‘‘commercial vided in (ii), including the area sur- guide.’’

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Historic snowcoach means a Bom- conditions and will provide notice of bardier snowcoach manufactured in those conditions in accordance with 1983 or earlier. Any other snowcoach is § 1.7(a) of this chapter or in the FED- considered a non-historic snowcoach. ERAL REGISTER. Oversnow route means that portion of (4) May I operate a snowcoach in the the unplowed roadway located between Parkway? Snowcoaches may only be op- the road shoulders and designated by erated in the Parkway under a conces- snow poles or other poles, ropes, fenc- sions contract. Snowcoach operation is ing, or signs erected to regulate subject to the conditions stated in the oversnow activity. Oversnow routes in- concessions contract and all other conclude pullouts or parking areas that ditions identified in this section. are groomed or marked similarly to (5) Where may I operate my snowmobile roadways and are adjacent to des- in the Parkway? (i) You may operate ignated oversnow routes. An oversnow your snowmobile only upon designated route may also be distinguished by the oversnow routes established within the interior boundaries of the berm created Parkway in accordance with § 2.18(c) of by the packing and grooming of the this chapter. The following oversnow unplowed roadway. The only motorized routes are so designated for snow- vehicles permitted on oversnow routes mobile use: are oversnow vehicles. (A) On U.S. Highway 89/191/287 from Oversnow vehicle means a snow- Flagg Ranch to the northern boundary mobile, snowcoach, or other motorized of the Parkway. vehicle that is intended for travel pri- (B) Grassy Lake Road from Flagg marily on snow and has been author- Ranch to the western boundary of the ized by the Superintendent to operate Parkway. in the park. An oversnow vehicle that (C) Flagg Ranch developed area. does not meet the definition of a (ii) The Superintendent may open or snowcoach must comply with all re- close these routes, or portions thereof, quirements applicable to snowmobiles. for snowmobile travel after taking into Snowcoach means a self-propelled consideration the location of wintering mass transit vehicle intended for travel wildlife, appropriate snow cover, public on snow, having a curb weight of over safety, and other factors. The Super- 1,000 pounds (450 kilograms), driven by intendent will provide notice of such a track or tracks and steered by skis or opening or closing by one or more of tracks, and having a capacity of at the methods listed in § 1.7(a) of this least 8 passengers. A snowcoach has a chapter. maximum size of 102 inches wide, plus (iii) The route described in paragraph tracks (not to exceed 110 inches over- (a)(5)(i)(A) of this section is subject to all); a maximum length of 35 feet; and the air and sound emissions require- a Gross Vehicle Weight Rating (GVWR) ments, guiding requirements, and daily not exceeding 25,000 pounds. entry limits described in § 7.13(l) of this Snowmobile means a self-propelled ve- part. hicle intended for travel on snow, with (iv) This paragraph (a)(5) also applies a curb weight of not more than 1,000 to non-administrative oversnow vehi- pounds (450 kg), driven by a track or cle use by NPS, contractor, or conces- tracks in contact with the snow, and sioner employees, or other non-rec- which may be steered by a ski or skis reational users authorized by the Su- in contact with the snow. perintendent. Snowplane means a self-propelled ve- (v) Maps detailing the designated hicle intended for oversnow travel and oversnow routes will be available from driven by an air-displacing propeller. Park Headquarters. (3) May I operate a snowmobile in the (6) What routes are designated for Parkway? You may operate a snow- snowcoach use? (i) Authorized mobile in the Parkway in compliance snowcoaches may only be operated on with use limits, guiding requirements, the routes designated for snowmobile operating hours and dates, equipment, use in paragraphs (a)(6)(i)(A) and (C) of and operating conditions established this section. No other routes are open under this section. The Superintendent to snowcoach use, except as provided in may establish additional operating (a)(6)(ii) of this section.

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(ii) The Superintendent may open or (D) Driving an oversnow vehicle in close these oversnow routes, or por- willful or wanton disregard for the tions thereof, or designate new routes safety of persons, property, or parkway for snowcoach travel after taking into resources or otherwise in a reckless consideration the location of wintering manner. wildlife, appropriate snow cover, public (E) Operating an oversnow vehicle safety, and other factors. The Super- without a lighted white headlamp and intendent will provide notice of such red taillight. opening or closing by one or more of (F) Operating an oversnow vehicle the methods listed in § 1.7(a) of this that does not have brakes in good chapter. working order. (iii) The routes described in para- (G) Towing persons on skis, sleds or graph (a)(6)(i) of this section are sub- other sliding devices by oversnow vehi- ject to the air and sound emissions re- cles, except in emergency situations. quirements and daily entry limits in (ii) The following are required: § 7.13(l) of this part. (A) All oversnow vehicles that stop (iv) This paragraph (a)(6) also applies on designated routes must pull over to to non-administrative snowcoach use the far right and next to the snow by NPS, contractor, or concessioner berm. Pullouts must be used where employees, or other non-recreational available and accessible. Oversnow ve- users authorized by the Super- hicles may not be stopped in a haz- intendent. ardous location or where the view (7) Must I travel with a commercial might be obscured, or operated so slow- guide while snowmobiling in the Park- ly as to interfere with the normal flow Except as may be required under way? of traffic. paragraph (a)(5)(iii) of this section, you (B) Oversnow vehicle drivers must are not required to use a guide while possess a valid motor vehicle driver’s snowmobiling in the Parkway. license. A learner’s permit does not (8) Are there limits established for the satisfy this requirement. The license numbers of snowmobiles and snowcoaches must be carried by the driver at all permitted to operate in the Parkway each times. day? (i) A limit of 25 snowmobiles per day applies to the Grassy Lake Road. (C) Equipment sleds towed by a snow- (ii) The daily entry limits for snowmobile must be pulled behind the snowmobiles and snowcoaches on the route mobile and fastened to the snowmobile from Flagg Ranch to the South En- with a rigid hitching mechanism. trance of Yellowstone are established (D) Snowmobiles must be properly in § 7.13(l) of this part. registered and display a valid registra- (9) When may I operate my snowmobile tion from the United States or Canada. or snowcoach? The Superintendent will (iii) The Superintendent may impose determine operating hours and dates. other terms and conditions as nec- Except for emergency situations, any essary to protect park resources, visi- changes to operating hours will be tors, or employees. The Superintendent made on an annual basis and the public will notify the public of any changes will be notified of those changes through one or more methods listed in through one or more of the methods § 1.7(a) of this chapter. listed in § 1.7(a) of this chapter. (iv) This paragraph (a)(10) also ap- (10) What other conditions apply to the plies to non-administrative oversnow operation of oversnow vehicles? (i) The vehicle use by NPS, contractor, or con- following are prohibited: cessioner employees, or other non-rec- (A) Idling an oversnow vehicle more reational users authorized by the Su- than 5 minutes at any one time. perintendent. (B) Driving an oversnow vehicle (11) 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 36 CFR 4.23, the fol- voked. lowing conditions apply: (C) Allowing or permitting an unli- (i) Operating or being in actual phys- censed driver to operate an oversnow ical control of an oversnow vehicle is vehicle. prohibited when the driver is under 21

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years of age and the alcohol concentra- for each term, condition or require- tion in the driver’s blood or breath is ment that they violate. 0.02 grams or more of alcohol per 100 (b) [Reserved] milliliters of blood or 0.02 grams or [74 FR 60190, Nov. 20, 2009] more of alcohol per 210 liters of breath. (ii) Operating or being in actual § 7.22 Grand Teton National Park. physical control of an oversnow vehicle (a) Aircraft—Designated airstrip. (1) is prohibited when the driver is a snow- Jackson Airport, located in SE1⁄4SE1⁄4 mobile guide or a snowcoach driver and sec. 10, SE1⁄4 and S1⁄2SW1⁄4 sec. 11, S1⁄2 the alcohol concentration in the opera- and NW1⁄4 sec. 14, NW1⁄4NE1⁄4 and E1⁄2 tor’s blood or breath is 0.04 grams or NE1⁄4 sec. 15, T. 42 N., R. 116 W., 6th more of alcohol per 100 milliliters of Principal Meridian. blood or 0.04 grams or more of alcohol (2) [Reserved] per 210 liters of breath. (b) Fishing. (1) The following waters (iii) This paragraph (a)(11) also ap- are closed to fishing: The Snake River plies to non-administrative oversnow for a distance of 150 feet below the vehicle use by NPS, contractor, or con- downstream face of Jackson Lake cessioner employees, or other non-rec- Dam; Swan Lake; Sawmill Ponds; reational users authorized by the Su- Hedrick’s Pond; Christian Ponds; and perintendent. Cottonwood Creek from the outlet of (12) Do other NPS regulations apply to Jenny Lake downstream to the Saddle the use of oversnow vehicles? (i) The use Horse Concession Bridge. of oversnow vehicles in the Parkway is (2) Fishing from any bridge or boat subject to § 2.18(a), (b), and (c), but not dock is prohibited. to §§ 2.18(d), (e), and 2.19(b) of this chap- (3) Bait: (i) The use or possession of ter. fish eggs or fish for bait is prohibited (ii) This paragraph (a)(12) also applies on or along the shores of all park to non-administrative oversnow vehi- waters, except: cle use by NPS, contractor, or conces- (ii) It is permissible to possess or use sioner employees, or other non-rec- the following dead, non-game fish as reational users authorized by the Su- bait on or along the shores of Jackson perintendent. Lake: (13) Are there any forms of non-motor- (A) Redside Shiner ized oversnow transportation allowed in (B) Speckled Dace the Parkway? (i) Non-motorized travel (C) Longnose Dace consisting of skiing, skating, (D) Piute Sculpin snowshoeing, or walking is permitted (E) Mottled Sculpin unless otherwise restricted under this (F) Utah Chub section or other NPS regulations. (G) Utah Sucker (ii) The Superintendent may des- (H) Bluehead Sucker ignate areas of the Parkway as closed, (I) Mountain Sucker reopen such areas, or establish terms (c) Stock grazing. (1) Privileges for the and conditions for non-motorized trav- grazing of domestic livestock based on el within the Parkway in order to pro- authorized use of certain areas at the tect visitors, employees, or park re- time of approval of the Act of Sep- sources. Notice will be made in accord- tember 14, 1950 (64 Stat. 849, Pub. L. ance with § 1.7(a) of this chapter. 787), shall continue in effect or shall be (14) May I operate a snowplane in the renewed from time to time, except for Parkway? The operation of a snowplane failure to comply with such terms and in the Parkway is prohibited. conditions as may be prescribed by the (15) Is violating any of the provisions of Superintendent in these regulations this section prohibited? (i) Violating any and after reasonable notice of default of the terms, conditions or require- and subject to the following provisions ments of paragraphs (a)(3) through of tenure: (a)(14) of this section is prohibited. (i) Grazing privileges appurtenant to (ii) Anyone who violates any of the privately owned lands located within terms, conditions or requirements of the park shall not be withdrawn until this regulation will be considered to title to the lands to which such privi- have committed one separate offense leges are appurtenant shall have vested

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in the United States except for failure nonpermittees who must cross Park to comply with the regulations applica- lands to reach grazing allotments on ble thereto after reasonable notice of non-Federal lands within the exterior default. boundary of the Park or adjacent (ii) Grazing privileges appurtenant to thereto, the Superintendent will grant, privately owned lands located outside upon request a temporary nonfee an- the park shall not be withdrawn for a nual permit to herd stock on a des- period of twenty-five years after Sep- ignated driveway which shall specify tember 14, 1950, and thereafter shall the time to be consumed in each single continue during the lifetime of the drive. The breach of any of the terms original permittee and his heirs if they or conditions of the permit shall be were members of his immediate family grounds for termination, suspension, or as described herein, except for failure reduction of these privileges. to comply with the regulations applica- (3) Grazing preferences are based on ble thereto after reasonable notice of actual use during the period March 15, default. (iii) Members of the immediate fam- 1938 through September 14, 1950 and no ily are those persons who are related to increase in the number of animals or and directly dependent upon a person animal unit months will be allowed on or persons, living on or conducting Federal lands in the park. grazing operations from lands, as of (4)(i) A permittee whose grazing September 14, 1950, which the National privilege is appurtenant to privately Park Service recognized as base lands owned lands within the park will be appurtenant to grazing privileges in granted total nonuse or reduced bene- the park. Such interpretation excludes fits for one or more years without nul- mature children who, as of that date, lifying his privilege in subsequent were established in their own house- years. holds and were not directly dependent (ii) A permittee whose privilege is ap- upon the base lands and appurtenant purtenant to base lands outside the grazing recognized by the National park may be granted total nonuse on a Park Service. year to year basis not to exceed three (iv) If title to base lands lying out- consecutive years. Total nonuse be- side the park is conveyed, or such base yond this time may be granted if neces- lands are leased to someone other than sitated for reasons clearly outside the a member of the immediate family of control of the permittee. Total unau- the permittee as of September 14, 1950, thorized nonuse beyond three consecu- the grazing preference shall be recog- tive years will result in the termi- nized only for a period of twenty-five nation and loss of all grazing privi- years from September 14, 1950. leges. (v) If title to a portion or part of the (iii) Whenever partial or total non- base land either outside or inside the use is desired, an application must be park is conveyed or such base lands are made in writing to the Superintendent. leased, the new owner or lessee will (5) Grazing fees shall be the same as take with the land so acquired or leased, such proportion of the entire those approved for the Teton National grazing privileges as the grazing capac- Forest and will be adjusted accord- ity in animal unit months of the tract ingly. conveyed or leased bears to the origi- (6) Permittees or nonpermittees who nal area to which a grazing privilege have stock on Federal lands within the was appurtenant and recognized. Con- park at any time or place, when or veyance or lease of all such base lands where herding or grazing is unauthor- will automatically convey all grazing ized may be assessed fifty cents per day privileges appurtenant thereto. per animal as damages. (vi) Grazing privileges which are ap- (7) The Superintendent may accept a purtenant to base lands located either written relinquishment or waiver of inside or outside the park shall not be any privileges; however, no such relin- conveyed separately therefrom. quishment or waiver will be effective (2) Where no reasonable ingress or without the written consent of the egress is available to permittees or owner or owners of the base lands.

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(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 park. 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 Teton National Forest, and the per- lotment designated in the permit is not mittee shall be furnished a notice of ready to be grazed at the beginning of the designated grazing season, place no any change of fees. livestock on the allotment for such a (x) All livestock are considered as period as may be determined by the Su- mature animals at six months of age perintendent as necessary to avoid and are so counted in determining ani- damage to the range. All, or a portion mal unit months and numbers of ani- of the livestock shall be removed from mals. the area before the expiration of the (xi) The Superintendent may pre- designated grazing season if the Super- scribe additional terms and conditions intendent determines further grazing to meet individual cases. would be detrimental to the range. The (9) The breach of any of the terms or number of stock and the grazing period conditions of the permit shall be may be adjusted by the Superintendent grounds for termination, suspension, or at any time when such action is reduction of grazing privileges. deemed necessary for the protection of (10) Appeals from the decision of the the range. Superintendent to the Regional Direc- (vi) No permit shall be issued or re- tor and from the Regional Director to newed until payment of all fees and the Director shall be made in accord- other amounts due the National Park ance with the National Park Service Service has been made. Fees for per- Order No. 14, as amended (19 FR 8824) mits are due the National Park Service and Regional Director, Order No. 3, as and must be paid at least 15 days in ad- amended (21 FR 1494). vance of the grazing period. No permit (11) Nothing in these regulations shall be effective to authorize grazing shall be construed as to prevent the en- use thereunder until all fees and other forcement of the provisions of the gen- amounts due the National Park Service eral rules and regulations and the spe- have been paid. A pro rata adjustment cial rules and regulations of the Na- of fees will be made in the event of re- tional Park Service or of any other duction of grazing privileges granted in provisions of said rules and regulations the permit, except that not more than applicable to stock grazing.

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(d) Camping. (1) No person, party, or (2) What terms do I need to know? The organization shall be permitted to definitions in this paragraph (g)(2) also camp more than 30 days in a calendar apply to non-administrative oversnow year in designated sites within the vehicle use by NPS, contractor, or con- Park. cessioner employees, or other non-rec- (2) Except in group campsites and reational users authorized by the Su- backcountry sites, camping is limited perintendent. to six persons to a site. (i) Commercial guide means a guide (3) Registration is required for camp- who operates as a snowmobile or ing at the Jenny Lake Campground; snowcoach guide for a fee or compensa- camping in this campground shall not tion and is authorized to operate in the exceed 10 days in any calendar year. park under a concession contract. In (e) Vessels. (1) Power-driven vessels this section, ‘‘guide’’ also means are prohibited on all park waters ex- ‘‘commercial guide.’’ cept Jackson Lake and Jenny Lake. (ii) Historic snowcoach means a Bom- (2) On Jenny Lake: bardier snowcoach manufactured in 1983 or earlier. Any other snowcoach is (i) Operating a power-driven vessel considered a non-historic snowcoach. using a motor exceeding 71⁄2 horsepower (iii) Oversnow route means that por- is prohibited, except: tion of the unplowed roadway located (ii) An NPS authorized boating con- between the road shoulders and des- cessioner may operate power-driven ignated by snow poles or other poles, vessels under conditions specified by ropes, fencing, or signs erected to regu- the Superintendent. late oversnow activity. Oversnow (3) Hand-propelled vessels may be routes include pullouts or parking used on Jackson, Jenny, Phelps, Emma areas that are groomed or marked Matilda, Two Ocean, Taggart, Bradley, similarly to roadways and are adjacent Bearpaw, Leigh, and String Lakes and to designated oversnow routes. An on the Snake River, except within 1,000 oversnow route may also be distin- feet of the downstream face of Jackson guished by the interior boundaries of Lake Dam. All other waters are closed the berm created by the packing and to boating. grooming of the unplowed roadway. (4) Sailboats may be used only on The only motorized vehicles permitted Jackson Lake. on oversnow routes are oversnow vehi- (5) No person except an authorized cles. concessioner shall moor or beach a ves- (iv) Oversnow vehicle means a snow- sel on the shore of a designated harbor mobile, snowcoach, or other motorized area, except in an emergency. vehicle that is intended for travel pri- (f) Management of elk. The laws and marily on snow and has been author- regulations of the State of Wyoming ized by the Superintendent to operate shall govern elk management as asso- in the park. An oversnow vehicle that ciated with formal reduction programs. does not meet the definition of a Such Wyoming laws and regulations snowcoach must comply with all re- which are now or will hereafter be in quirements applicable to snowmobiles. effect are hereby incorporated by ref- (v) Snowcoach means a self-propelled erence as a part of the regulations in mass transit vehicle intended for travel this part. on snow, having a curb weight of over (g)(1) What is the scope of this section? 1,000 pounds (450 kilograms), driven by The regulations contained in para- a track or tracks and steered by skis or graphs (g)(2) through (g)(20) of this sec- tracks, and having a capacity of at tion are intended to apply to the use of least 8 passengers. A snowcoach has a snowcoaches and recreational snowmo- maximum size of 102 inches wide, plus biles. Except where indicated, para- tracks (not to exceed 110 inches over- graphs (g)(2) through (g)(20) do not all); a maximum length of 35 feet; and apply to non-administrative over-snow a Gross Vehicle Weight Rating (GVWR) vehicle use by NPS, contractor, or con- not exceeding 25,000 pounds. cessioner employees, or other non-rec- (vi) Snowmobile means a self-pro- reational users authorized by the Su- pelled vehicle intended for travel on perintendent. snow, with a curb weight of not more

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than 1,000 pounds (450 kg), driven by a quirements identified in paragraph track or tracks in contact with the (g)(6)(i) of this section. snow, and which may be steered by a (C) The snowmobile test procedures ski or skis in contact with the snow. specified by EPA (40 CFR parts 1051 and (vii) Snowplane means a self-pro- 1065) must be used to measure air emis- pelled vehicle intended for oversnow sions from model year 2004 and later travel and driven by an air-displacing snowmobiles. Equivalent procedures propeller. may be used for earlier model years. (3) May I operate a snowmobile in (ii) For sound emissions, snowmo- Grand Teton National Park? You may biles must operate at or below 73 dBA operate a snowmobile in Grand Teton as measured at full throttle according National Park in compliance with use to Society of Automotive Engineers limits, operating hours and dates, J192 test procedures (revised 1985). equipment, and operating conditions Snowmobiles may be tested at any bar- established under this section. The Su- ometric pressure equal to or above 23.4 perintendent may establish additional inches Hg uncorrected. The Super- operating conditions and provide no- intendent may revise these testing pro- tice of those conditions in accordance cedures based on new information and/ with § 1.7(a) of this chapter or in the or updates to the SAE J192 testing pro- FEDERAL REGISTER. cedures. (iii) Snowmobiles meeting the re- (4) May I operate a snowcoach in quirements for air and sound emissions Grand Teton National Park? It is prohib- may be operated in the park for a pe- ited to operate a snowcoach in Grand riod not exceeding 6 years from the Teton National Park except as author- date upon which first certified, except ized by the Superintendent. that snowmobiles being operated on (5) Must I operate a certain model of Jackson Lake may continue to be oper- snowmobile in the park? Only commer- ated up to 10 years, provided that these cially available snowmobiles that meet snowmobiles’ mileage does not exceed NPS air and sound emissions require- 6,000 miles. ments as set forth in this section may (iv) Snowmobiles will be exempt from be operated in the park. The Super- these air and sound emissions require- intendent will approve snowmobile ments while in use to access lands au- makes, models, and years of manufac- thorized by paragraphs (g)(16) and ture that meet those requirements. (g)(18) of this section. Any snowmobile model not approved (v) The Superintendent may prohibit by the Superintendent may not be op- entry into the park of any snowmobile erated in the park. that has been modified in a manner (6) How will the Superintendent ap- that may adversely affect air or sound prove snowmobile makes, models, and emissions. years of manufacture for use in Grand (7) Where may I operate my snowmobile Teton National Park? (i) Beginning with in the park? (i) You may operate your the 2005 model year, all snowmobiles snowmobile upon the frozen water sur- must be certified under 40 CFR Part face of Jackson Lake, a route estab- 1051, to a Family Emission Limit no lished in accordance with § 2.18(c) of greater than 15 g/kW-hr for hydro- this chapter, under the following condi- carbons and to a Family Emission tions: Limit no greater than 120 g/kW-hr for (A) You are ice fishing, and licensed carbon monoxide. or otherwise permitted to fish in Wyo- (A) 2004 model year snowmobiles may ming; use measured air emissions levels (offi- (B) You possess the proper fishing cial emission results with no deteriora- gear; and tion factors applied) to comply with (C) You limit your snowmobile travel the air emission limits specified in to a direct route to and from and be- paragraph (g)(6)(i) of this section. tween fishing locations on the lake. (B) Snowmobiles manufactured be- (ii) The Superintendent may open or fore the 2004 model year may be oper- close this route, or portions thereof, ated only if they have shown to have for snowmobile travel, and may estab- air emissions no greater than the re- lish separate zones for motorized and

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non-motorized uses on Jackson Lake, (C) Allowing or permitting an unli- after taking into consideration the lo- censed driver to operate an oversnow cation of wintering wildlife, appro- vehicle. priate snow cover, public safety and (D) Driving an oversnow vehicle in other factors. The Superintendent will willful or wanton disregard for the provide notice of such opening or clos- safety of persons, property, or park re- ing by one or more of the methods list- sources or otherwise in a reckless man- ed in § 1.7(a) of this chapter. ner. (iii) This paragraph (g)(7) also applies (E) Operating an oversnow vehicle to non-administrative over-snow vehi- without a lighted white headlamp and cle use by NPS, contractor, or conces- red taillight. sioner employees, or other non-rec- (F) Operating an oversnow vehicle reational users authorized by the Su- that does not have brakes in good perintendent. working order. (iv) Maps detailing the designated (G) The towing of persons on skis, oversnow route will be available from sleds or other sliding devices by Park Headquarters. oversnow vehicles. (8) Must I travel with a commercial (ii) The following are required: guide while snowmobiling in Grand Teton (A) All oversnow vehicles that stop National Park? You are not required to on designated routes must pull over to use a guide while snowmobiling in the far right and next to the snow Grand Teton National Park. berm. Pullouts must be used where (9) Are there limits established for the available and accessible. Oversnow ve- number of snowmobiles permitted to oper- hicles may not be stopped in a haz- ate in the park each day? (i) The number ardous location or where the view might be obscured, or operated so slow- of snowmobiles allowed to operate in ly as to interfere with the normal flow the park each day on Jackson Lake is of traffic. 25. (B) Oversnow vehicle drivers must (ii) The Superintendent may adjust possess a valid motor vehicle driver’s this number up or down, not to exceed license. A learner’s permit does not a daily limit of 40 snowmobiles, after satisfy this requirement. The license taking into consideration the location must be carried by the driver at all of wintering wildlife, appropriate snow times. cover, noise monitoring results, public (C) Equipment sleds towed by a snow- safety and other factors. The Super- mobile must be pulled behind the snow- intendent will provide notice of such mobile and fastened to the snowmobile adjustment by one or more of the with a rigid hitching mechanism. methods listed in § 1.7(a) of this chap- (D) Snowmobiles must be properly ter. 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, any changes essary to protect park resources, visi- to operating hours or dates will be tors, or employees. The Superintendent made on an annual basis, and the pub- will notify the public of any changes lic will be notified of those changes through one or more methods listed in through one or more of the methods § 1.7(a) of this chapter. listed in § 1.7(a) of this chapter. (iv) This paragraph (g)(11) also ap- (11) What other conditions apply to the plies to non-administrative over-snow operation of oversnow vehicles? (i) The vehicle use by NPS, contractor, or con- following are prohibited: cessioner employees, or other non-rec- (A) Idling an oversnow vehicle more reational users authorized by the Su- than 5 minutes at any one time. perintendent. (B) Driving an oversnow vehicle (12) 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 36 CFR 4.23, the fol- voked. lowing conditions apply:

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(i) Operating or being in actual phys- its, snowmobile operator age, guiding, ical control of an oversnow vehicle is and licensing do not apply on these prohibited when the driver is under 21 oversnow routes. The following routes years of age and the alcohol concentra- are designated for access via snow- tion in the driver’s blood or breath is mobile to public lands: 0.02 grams or more of alcohol per 100 (i) From the parking area at Shadow milliliters or blood or 0.02 grams or Mountain directly along the unplowed more of alcohol per 210 liters of breath. portion of the road to the east park (ii) Operating or being in actual boundary. physical control of an oversnow vehicle (ii) Along the unplowed portion of is prohibited when the driver is a snow- the Ditch Creek Road directly to the mobile guide or a snowcoach operator east park boundary. and the alcohol concentration in the (iii) The Continental Divide Snow- driver’s blood or breath is 0.04 grams or mobile Trail (CDST) along U.S. 26/287 more of alcohol per 100 milliliters of from the east park boundary to a point blood or 0.04 grams or more of alcohol approximately 2 miles east of Moran per 210 liters of breath. Junction. If necessary for the proper (iii) This paragraph (g)(12) also ap- administration of visitor use and re- plies to non-administrative over-snow source protection, the Superintendent vehicle use by NPS, contractor, or con- may extend this designated route to cessioner employees, or other non-rec- the Moran Entrance Station. reational users authorized by the Su- (iv) The Superintendent may des- perintendent. ignate additional routes if necessary to (13) Do other NPS regulations apply to provide access to other adjacent public the use of oversnow vehicles? The use of oversnow vehicles in Grand Teton is lands. subject to § 2.18(a), (b), and (c), but not (17) For what purpose may I use the subject to § 2.18(d) and (e) and § 2.19(b) routes designated in paragraph (g)(16) of of this chapter. this section? You may only use those (14) Are there any forms of non-motor- routes designated in paragraph (g)(16) ized oversnow transportation allowed in of this section to gain direct access to the park? public lands adjacent to the park (i) Non-motorized travel consisting of boundary. skiing, skating, snowshoeing, or walk- (18) May I continue to access private ing is permitted unless otherwise re- property within or adjacent to the park stricted under this section or other via snowmobile? The Superintendent NPS regulations. may establish reasonable and direct (ii) The Superintendent may des- snowmobile access routes to the ignate areas of the park as closed, re- inholding or to private property adja- open such areas, or establish terms and cent to park boundaries for which conditions for non-motorized travel other routes or means of access are not within the park in order to protect reasonably available. Requirements es- visitors, employees, or park resources. tablished in this section related to air (iii) Dog sledding and ski-joring are and sound emissions, snowmobile oper- prohibited. ator age, licensing, and guiding do not (15) May I operate a snowplane in the apply on these oversnow routes. The park? The operation of a snowplane in following routes are designated for ac- Grand Teton National Park is prohib- cess to private properties within or ad- ited. jacent to the park: (16) May I continue to access public (i) From the Antelope Flats Road off lands via snowmobile through the park? U.S. 26/89/191 to private lands in the Reasonable and direct access, via snow- Craighead Subdivision. mobile, to adjacent public lands will (ii) The unplowed portion of the continue to be permitted on the des- Teton Park Road to the piece of land ignated routes through the park identi- commonly referred to as the ‘‘Town- fied in the following paragraphs send Property.’’ (g)(16)(i) through (iv). Requirements es- (iii) From the Moose-Wilson Road to tablished in this section related to air the land commonly referred to as the and sound emissions, daily entry lim- ‘‘Barker Property.’’

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(iv) From the Moose-Wilson Road to thereof, or impose conditions or re- the property commonly referred to as strictions for bicycle use after taking the ‘‘Halpin Property.’’ into consideration the location of or (v) From Highway 26/89/191 to those impacts on wildlife, the amount of lands commonly referred to as the snow cover or other environmental ‘‘Meadows’’, the ‘‘Circle EW Ranch’’, conditions, public safety, and other the ‘‘Moulton Property’’, the factors, under the criteria and proce- ‘‘Levinson Property’’ and the dures of §§ 1.5 and 1.7 of this chapter. ‘‘Macmahon Property.’’ [24 FR 11043, Dec. 30, 1959] (vi) From Cunningham Cabin pullout on U.S. 26/89/191 near Triangle X to the EDITORIAL NOTE: For FEDERAL REGISTER ci- piece of land commonly referred to as tations affecting § 7.22, see the List of CFR the ‘‘Lost Creek Ranch.’’ Sections Affected, which appears in the Finding Aids section of the printed volume (vii) The Superintendent may des- and at www.govinfo.gov. ignate additional routes if necessary to provide reasonable access to inholdings § 7.23 Badlands National Park. or adjacent private property. (a) Commercial vehicles. (1) Notwith- (viii) Maps detailing designated standing the prohibition of commercial routes will be available from Park vehicles set forth in § 5.6 of this chap- Headquarters. ter, local commercial vehicles may op- (19) For what purpose may I use the erate on the park road between the routes designated in paragraph (g)(18) of Northeast entrance and the Interior this section? The routes designated in entrance in accordance with the provi- paragraph (g)(18) of this section are sions of this section. only to access private property within (2) The term ‘‘Local Commercial Ve- or directly adjacent to the park bound- hicles’’, as used in this section, will in- ary. Use of these roads via snowmobile clude the definition of ‘‘commercial ve- is authorized only for the landowners hicle’’ in § 5.6(a), but specifically in- and their representatives or guests. cludes only those vehicles that origi- Use of these roads by anyone else or for nate from, or are destined to, the fol- any other purpose is prohibited. lowing U.S. Postal Service ZIP code (20) Is violating any of the provisions of areas: this section prohibited (i) Violating any of the terms, conditions or require- Allen 57714 ments of paragraphs (g)(3) through Belvedere 57521 (g)(19) of this section is prohibited. Cottonwood 57775 (ii) Anyone who violates any of the Creighton 57729 terms, conditions or requirements of Interior 57750 Kadoka 57543 this regulation will be considered to Kyle 57752 have committed one separate offense Long Valley 57547 for each term, condition or require- Owanka 57767 ment that they violate. Philip 57567 (h) Where may I ride a bicycle in Grand Scenic 57780 Teton National Park? (1) You may ride a Wall 57790 bicycle on park roads, in parking areas, Wanblee 57577 and upon designated routes established Wasta 57791 within the park in accordance with (3) The Superintendent may require a § 4.30(a) of this chapter. The following permit and establish terms and condi- routes are designated for bicycle use: tions in accordance with § 1.6 of this (i) The paved multi-use pathway chapter for the operation of local com- alongside Dornan Road between Dor- mercial vehicles on the park road be- nan’s and the Teton Park Road. tween the park’s Northeast and Inte- (ii) The paved multi-use pathway rior entrances. The Superintendent alongside the Teton Park Road be- may charge a fee for any permits tween Dornan Road (Dornan’s Junc- issued to commercial vehicles in action) and the South Jenny Lake devel- cordance with a fee schedule estab- oped area. lished annually. (2) The Superintendent may open or (4) The commercial transport on the close designated routes, or portions park road between the Northeast and

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Interior entrances of any substance or § 7.24 Upper Delaware Scenic and Rec- combination of substances, including reational River. any hazardous substance, hazardous Fishing. Fishing in any manner au- material, or hazardous waste that re- thorized under applicable State law is quires placarding, or any marine pol- allowed. lutant that requires marking, as defined in 49 CFR Subtitle B, is prohib- [53 FR 3748, Feb. 9, 1988] ited; except for local bulk deliveries of § 7.25 Hawaii Volcanoes National Park. gasoline, fuel oil and LP gas; provided, however, that the Superintendent may (a) Fishing—(1) Commercial fishing. Commercial fishing from parklands issue permits for the transportation of (above the high waterline) other than such substance or combination of sub- as provided for below is prohibited. stances, including hazardous waste, in (2) Nets. The use of nets in fishing emergencies, and may issue permits from parklands (above the high water- when such transportation is necessary line) except for throw nets, is prohib- for access to lands within or adjacent ited. to the park area to which access is oth- (3) Kalapana extension area; special erwise not available as provided in 36 fishing privileges. (i) Pursuant to the act CFR 5.6. of June 20, 1938 (52 Stat. 781; 16 U.S.C. (5) The operator of a motor vehicle 391b and 396a) Native Hawaiian resi- transporting any hazardous substance, dents of the villages adjacent to the hazardous material, hazardous waste, Kalapana extension area added to the or marine pollutant in accordance with park by the above act and visitors a permit issued under this section, is under their guidance are granted the not relieved in any manner from com- exclusive privileges of fishing or gath- plying with all applicable regulations ering seafood from parklands (above in 49 CFR Subtitle B, or with any other the high waterline) along the coastline State or Federal laws and regulations of such extension area. These persons applicable to the transportation of any may engage in commercial fishing hazardous substance, hazardous mate- under proper State permit. rial, hazardous waste, or marine pollut- (ii) For the purposes of this section, ant. the term ‘‘native Hawaiian’’ means any (6) The transportation or use of over- descendent of not less than one-half size or overweight commercial vehicles part of the blood of the races inhab- on the park road between the North- iting the Hawaiian Islands previous to east and Interior entrances is prohib- 1778 (Act of June 20, 1938; 52 Stat. 784; ited; provided, however that the Super- 16 U.S.C. 396a). intendent may issue permits for trans- (b) Backcountry registration. No per- portation or use of such vehicles and son shall explore or climb about the may condition such permits on the use lava tubes or pit craters in the park of special routes within the park in without first registering with the su- order to minimize impacts to park fa- perintendent and indicating the ap- cilities and resources and also may proximate length of time involved in the exploration and the number of peo- issue permits when the transportation ple in the party. This section does not or use of such vehicles is necessary for apply to the maintained trail through access to lands within or adjacent to Thruston Lava Tube, nor the main- the park area to which access is other- tained trail down and across Kilauea wise not available as provided in 36 Iki pit crater. CFR 5.6. (7) Operating without, or violating a [34 FR 9338, June 13, 1969, as amended at 48 term or condition of, a permit issued in FR 30295, June 30, 1983] accordance with this section is prohib- § 7.26 Death Valley National Park. ited. In addition, violating a term or condition of a permit may result in the (a) Mining. Mining in Death Valley suspension or revocation of the permit. National Park is subject to the following regulations, which are pre- (b) [Reserved] scribed to govern the surface use of [62 FR 2580, Jan. 17, 1997] claims therein:

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(1) The claim shall be occupied and (i) All land within 200 feet of the cen- used exclusively for mineral explo- ter-line of any public road. ration and development and for no (ii) All land within the smallest legal other purpose except that upon written subdivision of the public land surveys permission of an authorized officer or containing a spring or water hole, or employee of the National Park Service within one quarter of a mile thereof on the surface of the claim may be used unsurveyed public land. for other specified purposes, the use to (iii) All land within any site devel- be on such conditions and for such pe- oped or approved for development by riod as may be prescribed when permis- the National Park Service as a residen- sion is granted. tial, administrative, or public camp- (2) The owner of the claim and all ground site. Such sites shall include all persons holding under him shall con- land within the exterior boundaries form to all rules and regulations gov- thereof as conspicuously posted by the erning occupancy of the lands within placing of an appropriate sign dis- the National Park. closing that the boundaries of the de- (3) The use and occupancy of the sur- veloped site are designated on a map of face of mining claims as prescribed in the site which will be available for in- paragraphs (a) (1) and (2) of this section spection in the office of the Super- shall apply to all such claims located intendent. If not so posted, such sites after the date of the act of June 13, 1933 shall include all land within 1,000 feet (48 Stat. 139; 16 U.S.C. 447), within the of any Federally owned buildings, water and sewer systems, road loops, limits of the National Park as fixed by and camp tables and fireplaces set at Proclamation No. 2028 of February 11, designated camp sites. 1933, and enlarged by Proclamation No. (b) Use of water. No works or water 2228 of March 26, 1937, and to all mining system of any kind for the diversion, claims on lands hereafter included in impoundment, appropriation, trans- the National Park, located after such mission, or other use of water shall be inclusion, so long as such claims are constructed on or across Park lands, within the boundaries of said Park. including mining claims, without a (4) Prospectors or miners shall not permit approved by an authorized offi- open or construct roads or vehicle cer or employee of the National Park trails without first obtaining written Service. Application for such permit permission from an authorized officer shall be accompanied by plans of the or employee of the National Park Serv- 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 Park. 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

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part, copies of all mining locations vessel yet maintain steerageway, but filed in the Office of the County Re- in no case in excess of 5 statute miles corder shall be furnished to the office per hour. of the Superintendent, Death Valley (7) Guide operations means the activ- National Park, by the person filing the ity of a person, partnership, firm, cor- mining location in his own behalf or on poration, or other entity to provide behalf of any other person. services for hire to visitors of the park. (e) Aircraft. The following are des- This includes, but is not limited to, ignated as locations where the oper- fishing, diving, snorkeling, and wildlife ation of aircraft is allowed: viewing. (1) Death Valley Airport, latitude (8) Live rock means any living marine 36°27′50″ N., longitude 116°52′50″ W. organism or assemblage thereof at- (2) Stovepipe Wells Airport, latitude tached to a hard substrate, including 36°36′15″ N., longitude 117°09′30″ W. dead coral or rock but not individual (3) Saline Valley Warm Springs Air- mollusk shells. field, latitude N 36°48.41′, longitude W (9) Lobster means any of the fol- 117°46.90′. lowing: [24 FR 11044, Dec. 30, 1959, as amended at 49 (i) Shovelnosed or Spanish Lobster FR 18450, Apr. 30, 1984; 84 FR 42819, Aug. 19, (Scyllarides aequinocti); 2019] (ii) Slipper lobster (Parribacus antarcticus); § 7.27 Dry Tortugas National Park. (iii) Caribbean spiny lobster (a) What terms do I need to know? The (Panulirus argus); or following definitions apply to this sec- (iv) Spotted spiny lobster (Panulirus tion only: guttatus). (1) Bait fish means any of the fol- (10) Marine life means: lowing: (i) Sponges, sea anenomes, corals, jel- (i) Ballyhoo (family Exocioetidae and lyfish, sea cucumbers, starfish, sea ur- genus Hemiramphus), other genus may chins, octopus, crabs, shrimp, bar- be included in this family; nacles, worms, conch; and (ii) Minnow (families (ii) Other animals belonging to the Cyprinodontidae, Peciliidae, or Phyla Porifera, Cnidaria, Aherinidae); Echinodermata, Mollusca, Bryozoa, (iii) Mojarra (family Gerreidae); Brachiopoda, Arthropoda, (iv) Mullet (family Mugilidae); Platyhilmenthes, and Annelida. (v) Pilchard (family Clupeidae); or (11) Not available for immediate use (vi) Pinfish (family Sparidae, genus means not readily accessible for imme- Lagodon). diate use (e.g., by being stowed (2) Cast net means a type of circular unbaited in a cabin, locker, rod holder, falling net, weighted on its periphery, or similar storage area, or being se- which is thrown and retrieved by hand, curely covered and lashed to a deck or measuring 14 feet or less stretched bulkhead). length (stretched length is defined as (12) Ornamental tropical fish means a the distance from the horn at the cen- brightly colored fish, often used for ter of the net with the net gathered aquarium purposes and which lives in and pulled taut, to the lead line). close relationship to coral commu- (3) Designated anchorage means any nities, belonging to the families area of sand within one nautical mile Syngathidae, Apogonidae, of the Fort Jefferson Harbor Light. Pomacentridae, Scaridae, Blennidae, (4) Dip net means a hand held device Callionymidae, Gobiidae, Ostraciidae, for obtaining bait, the netting of which or Diodontidae. is fastened in a frame. A dip net may (13) Permit, in the case of 36 CFR part not exceed 3 feet at its widest point. 7.27, means an authorization in writing (5) Finfish means a member of sub- or orally (e.g., via radio or tele- classes Agnatha, Chondrichthyes, or phonically). Osteichthyes. (14) Research Natural Area (RNA) at (6) Flat wake speed means the min- Dry Tortugas National Park means the imum required speed to leave a flat 46-square-statute-mile area in the wave disturbance close astern a moving northwest portion of the park enclosed

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by connecting with straight lines the (iii) Shrimp may be taken by dip net adjacent points of 82°51′ W and 24°36′ N, or cast net. and 82°58′ W and 24°36′ N west to the (3) The following waters and areas park boundary, but excluding: are closed to fishing: (i) The designated anchorage; (i) The Research Natural Area (RNA): (ii) Garden Key, Bush Key and Long Fish and fishing gear may be possessed Key; or aboard a vessel in the RNA, provided (iii) The central portion of Logger- such fish can be shown not to have head key including the lighthouse and been harvested from within, removed associated buildings. from, or taken within the RNA, as ap- (15) Shrimp means a member of the plicable, by being stowed in a cabin, genus Farfantepenaeus, Penaeus sp. locker, or similar storage area prior to entering and during transit through (b) Are there recreational fishing re- the RNA, provided further that such strictions that I need to know? (1) Yes. vessel is in continuous transit through After consulting with and obtaining the RNA. Gear capable of harvesting the concurrence of the Florida Fish fish may be aboard a vessel in the and Wildlife Conservation Commission, RNA, provided such gear is not avail- based on management objectives and able for immediate use when entering the park fisheries research, the Super- and during transit through the RNA intendent may impose closures and es- and no presumption of fishing activity tablish conditions or restrictions nec- shall be drawn therefrom; essary pertaining to fishing, including, (ii) Garden Key moat; but not limited to, species of fish that (iii) Within any swimming and snor- may be taken, seasons, and hours dur- keling areas designated by buoys; ing which fishing may take place, (iv) Within 50 feet of the historic methods of taking, and size, bag, and coaling docks; possession limits. The public will be (v) Helipad areas, including the gaso- notified of any changes through one or line refueling dock. more methods listed in § 1.7 of this (4) The following are prohibited: chapter. In emergency situations, after (i) Possessing lobster within the consulting with the Florida Fish and boundaries of the park, unless the indi- Wildlife Conservation Commission, the vidual took the lobster outside park Superintendent may impose temporary waters and has the proper State/Fed- closures and establish conditions or re- eral licenses and permits. Vessels with strictions necessary, but not exceeding legally taken lobster aboard which was 30 days in duration which may be ex- taken outside the park may not have tended for one additional 30 day period, persons overboard in park waters. The pertaining to fishing, including, but presence of lobster aboard a vessel in not limited to, species of fish that may park waters, while one or more persons be taken, seasons, and hours during from such vessel are overboard, con- which fishing may take place, methods stitutes prima facie evidence that the of taking, and size, bag, and possession lobsters were harvested from park limits. In emergency situations where waters in violation of this chapter. consultation in advance is not possible, (ii) Taking fish by pole spear, Hawai- the Superintendent will consult with ian sling, rubber powered, pneumatic, the Florida Fish and Wildlife Conserva- or spring loaded gun or similar device tion Commission within 24-hours of the known as a speargun, air rifles, bows initiation of the temporary closure or and arrows, powerheads, or explosive restriction. powered guns. Operators of vessels (2) Only the following may be legally within the park must break down and taken from Dry Tortugas National store all weapons described in this Park: paragraph so that they are not avail- (i) Fin fish by closely attended hook- able for immediate use. and-line; (iii) Use of a hand held hook, gig, (ii) Bait fish by closely attended gaff, or snare, except that a gaff may hook and line, dip net, or cast net and be used for landing a fish lawfully limited to 5 gallons per vessel per day; caught by hook and line when con- and sistent with all requirements in this

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section, including size and species re- (4) Vessels engaged in commercial strictions. fishing or shrimping must not anchor (iv) Taking, possessing, or touching in any of the channels, harbors, or la- any ornamental tropical fish or marine goons in the vicinity of Garden Key, life except as expressly provided in this Bush Key, or the surrounding shoals section. outside of Bird Key Harbor, except in (v) Dragging or trawling a dip net or cases of emergency involving danger to cast net. life or property. (Emergencies may in- (vi) The use of nets except as pro- clude, adverse weather conditions, me- vided in paragraphs (b)(3)(ii)and (iii) of chanical failure, medical emergencies, this section. or other public safety situations.) (vii) Engaging in guide operations (f) What vessel operations are prohib- (fee for service), including but not limited? The following vessel operations ited to fishing and diving, except in ac- are prohibited: cordance with the provisions of: (1) Operating a vessel in the Fort Jef- (A) A permit, contract, or other com- ferson Moat; and mercial use authorization; or (2) Operating a vessel above a flat (B) Other written agreement with the wake speed in the Garden Key and Bird United States administered under this Key Harbor areas. chapter. (g) What restrictions apply to dis- (c) Are any areas of the park closed to charging materials in park waters? (1) the public? Yes. The following areas are Discharging or depositing materials or closed to the public: substances of any kind within the (1) The elkhorn (Acropora palmata) boundaries of the park is prohibited, and staghorn (Acropora prolifera) coral except for the following: patches adjacent to and including the (i) Research Natural Area: cooling tidal channel southeast of Long and water or engine exhaust. Bush Keys and extending to 100 yards (ii) Park Waters Outside the Research from the exterior edge of either patch; Natural Area: (2) Hospital and Long Keys; and (A) Fish, fish parts, chumming mate- (3) Areas that the Superintendent rials, or bait used or produced inci- designates in accordance with § 1.5 and dental to and while conducting rec- noticed to the public through one or reational fishing activities in the park; more of the methods listed in § 1.7 of (B) Water generated by routine vessel this chapter. operations (e.g., deck wash down and (d) What restrictions apply on Logger- graywater from sinks, consisting of head Key? (1) The Superintendent will, only water and food particles; as necessary to protect park resources, (C) Vessel cooling water, engine ex- visitors, or employees: haust, or bilge water not contaminated (i) Designate areas on Loggerhead by oil or other substances. Key open for public use; (2) The Superintendent may impose (ii) Establish closures or restrictions further restrictions as necessary to on and around the waters of Logger- protect park resources, visitors, or em- head Key; and ployees. The Superintendent will no- (iii) Establish conditions for docking, tify the public of these requirements swimming or wading, and hiking. through one or more of the methods (2) The Superintendent will notify listed in § 1.7 of this chapter. the public of designations, closures or (h) What are the permit requirements in restrictions through one or more of the the park? (1) A permit, issued by the methods listed in § 1.7 of this chapter. Superintendent, is required for all non- (e) What restrictions apply to anchoring commercial vessels for which occu- a vessel in the park? (1) Anchoring in the pants are engaged in recreational ac- Research Natural Area (RNA) is pro- tivities, including all activities in the hibited. RNA. Permitted recreational activities (2) All vessels in the RNA must use include but are not limited to use of designated mooring buoys. mooring buoys, snorkeling, diving, (3) Anchoring between sunset and wildlife viewing, and photography. sunrise is limited to the designated an- (2) A permit, issued by the Super- chorage area at Garden Key. intendent, is required for a person,

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group, institution, or organization con- (iii) Seaplanes may be moored or ducting research activities in the park. brought up on land only on the des- (3) Vessels transiting the park with- ignated beach, north of the Garden Key out interruption shall not require a dock. permit. [71 FR 76164, Dec. 20, 2006] (i) How are corals and other underwater natural features protected in the § 7.28 Olympic National Park. park? (1) Taking, possessing, removing, (a) Fishing—(1) General Provisions. All damaging, touching, handling, har- waters within Olympic National Park vesting, disturbing, standing on, or are open to fishing in conformance otherwise injuring coral, coral forma- with those seasons and limits published tion, seagrass or other living or dead annually by the Washington State De- organisms, including marine inverte- partment of Game and the Washington brates, live rock, and shells, is prohib- State Department of Fisheries applica- ited. ble in the same watershed in adjoining (2) Vessel operators are prohibited counties, except as provided for below. from allowing their vessel to strike, in- (i) Possession limit. This shall be the jure, or damage coral, seagrass, or any same as the daily limit for all species; other immobile organism attached to Provided however, it is lawful to possess the seabed. four steelhead over 20 inches regardless (3) Vessel operators are prohibited of weight. In the Queets River and trib- from allowing an anchor, chain, rope or utaries the summer season possession other mooring device to be cast, limit is two steelhead over 20 inches. dragged, or placed so as to strike, (ii) General summer season. Daily break, abrade, or otherwise cause dam- steelhead catch limit shall not exceed age to coral formations, sea grass, or two fish, Provided however: submerged cultural resources. (A) The Queets River and tributaries (j) What restrictions apply on or near shall have a summer season daily limit shipwrecks? (1) No person may destroy, of one steelhead over 20 inches in molest, remove, deface, displace, or length. tamper with wrecked or abandoned ves- (B) The Quinault River is closed to sels of any type or condition, or any the taking of steelhead all year above cargo pertaining thereto. the confluence of the North and East (2) Surveying, inventorying, disman- Forks, but is open in its entirety dur- tling, or recovering any wreck or cargo ing the general summer season to the within the boundaries of the park is taking of two rainbow trout with a prohibited unless permitted in writing minimum six of 10 inches and max- by the Superintendent. imum size of 20 inches. (k) How are aircraft operations re- (2) Salmon Fishing. Salmon fishing is stricted? (1) Landing an aircraft in Dry permitted on the following park Tortugas National Park may occur waters, exclusive of tributaries, when only in accordance with a permit adjacent State waters are open: issued by the Superintendent under Dickey River. § 1.6 of this chapter. Hoh River below confluence of South Fork. (2) When landing is authorized by Kalaloch Creek. permit, the following requirements Ozette River. also apply: Queets River below Tshletshy Creek. (i) Aircraft may be landed on the Quillayute River. waters within a radius of 1 mile of Gar- Quinault River below the bridge connecting North Fork and Graves Creek Roads. den Key, but a landing or takeoff may Salmon River. not be made within 500 feet of Garden Key, or within 500 feet of any closed Seasons and bag limits shall be estab- area. lished annually after consultation with (ii) Operation of aircraft is subject to the State and any affected Indian tribe. § 2.17 of this chapter, except that sea- (3) Conservation waters. After con- planes may be taxied closer than 500 sultation with the State and, where ap- feet to the Garden Dock while en route propriate, the concerned Indian tribe, to or from the designated ramp, north the superintendent may, by local publi- of the dock. cation and conspicuous posting of

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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 (5) Fishing gear. Fishing with a line, (B) Necessary to secure the proper al- gear or tackle having more than two location of harvest between Indian spinners, spoons, blades, flashers, or treaty fisheries and other fisheries as like attractions, or with more than one prescribed by the court. rudder, or more than two hooks (single, (iv) Catch reports. Indian fishermen double, or treble barbed) attached to shall furnish catch reports in such such line, gear, or tackle, is prohibited. form as the superintendent, after con- (6) Bait. The use of nonpreserved fish sultation with the applicable tribe, eggs is permitted. shall have prescribed. (7) License. A license to fish in park (v) Prohibition of fish cultural activi- waters is not required; however, an in- ties. No fish cultural, planting, or prop- dividual fishing for steelhead or salm- agation activity shall be undertaken in on in park waters, except treaty Indi- park waters without prior written per- ans fishing in the exercise of rights se- mission of the superintendent. cured by treaties of the United States, (vi) Applicability of other park regula- shall have in his/her possession a State tions. Indian treaty fishing shall be in of Washington punch card for the spe- conformity with National Park Service cies being sought. Steelhead and salm- general regulations in parts 1–6 of this on shall be accounted for on these chapter. cards as required by State regulations. (b) Boating. All vessels are prohibited (8) Indian treaty fishing. (i) Subject to on park waters except as provided the limitations set forth below, all below: (1) Hand propelled vessels and sail- waters within the Olympic National boats are permitted on park waters ex- Park which have been adjudicated to cept the following: be usual and accustomed fishing places of an Indian tribe, having treaty-se- Dosewalips River. cured off-reservation fishing rights, are (2) Motorboats are permitted on the open to fishing by members of that following waters: tribe in conformance with applicable tribal or State regulations conforming Lake Crescent. to the orders of the United States Dis- Lake Cushman. Lake Mills. trict Court. Dickey River in coastal strip. (ii) Identification cards and tags. Mem- Hoh River in coastal strip. bers of the tribes having treaty-secured Quillayute River in coastal strip. fishing rights shall carry identification Quinault River below the bridge connecting cards conforming to the requirements North Fork and Graves Creek Roads. prescribed by the United States Dis- (c) Dogs and cats. Dogs (except guide trict Court and issued either by the Bu- dogs) and cats are prohibited on any reau of Indian Affairs or the applicable park land or trail, except on designated tribe when fishing in accordance with park roads and parking areas or within the tribe’s reserved treaty fishing one-quarter mile of an established right. Such persons shall produce said automobile campground or conces- card for inspection upon request of a sioner overnight facility. National Park Service enforcement of- (d) [Reserved] ficer. A tribally issued identification (e) Privately owned lands—(1) Water tag shall be attached to any unat- supply and sewage disposal systems. The tended fishing gear in park waters. provisions of this paragraph apply to

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the privately owned lands within send to the ostensible owner and/or the Olympic National Park. The provisions occupant of such property, by certified of this paragraph do not excuse compli- mail, a written notice specifying what ance by eating, drinking, or lodging es- steps must be taken to achieve compli- tablishments with § 5.10 of this chapter. ance. If after 1 year has elapsed from (i) Facilities. (a) Subject to the provi- the mailing of such written notice the sions of paragraph (e)(1)(iii) of this sec- deficiency has not been corrected, such tion, no person shall occupy any build- deficiency shall constitute a violation ing or structure, intended for human of this regulation and shall be the basis habitation or use, unless such building for court action for the vacation of the is served by water supply and sewage premises. disposal systems that comply with the (b) If upon inspection, any water sup- standards prescribed by the State and county laws and regulations applicable ply or sewage disposal system is found in the county within whose exterior by the inspecting officer not to be in boundaries such building is located. conformance with established State (b) No person shall construct, rebuild and county standards and it is found or alter any water supply or sewage further that there is immediate and se- disposal system without a written per- vere danger to the public health or the mit issued by the Superintendent. The health of the occupants or users, the Superintendent will issue such permit Superintendent shall post appropriate only after receipt of written notifica- notices at conspicuous places on such tion from the appropriate Federal, premises, and thereafter, no person State, or county officer that the plans shall occupy or use the premises on for such system comply with the State which the system is located until the or county standards. There shall be no Superintendent is satisfied that reme- charge for such permits. Any person dial measures have been taken that aggrieved by an action of the Super- will assure compliance of the system intendent with respect to any such per- with established State and county mit or permit application may appeal standards. in writing to the Director, National (2) State forest practice laws. Any per- Park Service, U.S. Department of the son, firm, or corporation harvesting or Interior, Washington, DC 20240. cutting timber on privately owned (ii) Inspections. (a) The appropriate lands within that portion of Olympic State or county officer, the Super- National Park over which jurisdiction intendent, or their authorized representatives or an officer of the U.S. has been ceded by the State of Wash- Public Health Service, may inspect any ington to the United States of America water supply or sewage disposal sys- shall comply with the standards con- tem, from time to time, in order to de- cerning forest practices established termine whether such system complies from time to time by or pursuant to with the State and county standards: the laws of the State of Washington Provided, however, That inspection which would apply to such operations shall be made only upon consent of the if they were not being conducted in occupant of the premises or pursuant Olympic National Park and personnel to a warrant. of the Park will consult and cooperate (b) Any water supply or sewage dis- with State officials in the administra- posal system may be inspected without tion of this regulation. Although forest the consent of the occupant of the practices standards established from premises or a warrant if there is prob- time to time by or pursuant to the able cause to believe that such system laws of the State of Washington shall presents an immediate and severe dan- apply, no person, firm, or corporation ger to the public health. harvesting timber, on such privately (iii) Defective systems. (a) If upon in- owned lands shall be required to obtain spection, any water supply system or permits or licenses from, or pay fees to, sewage disposal system is found by the the State of Washington or its political inspecting officer not to be in conform- subdivisions in connection with the ance with applicable State and county harvesting or cutting of timber on such standards, the Superintendent will

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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, applicable to privately owned lands each vehicle will be inspected to assure within Olympic National Park, the lat- that it contains the following equip- ter shall prevail. ment which must be carried in the ve- (f) Snowmobile use. (1) The use of hicle at all times while on the beaches snowmobiles is prohibited except in or on the designated oversand routes: areas and on routes designated by the (i) Shovel; superintendent by the posting of appropriate signs or by marking on a map (ii) Jack; available at the office of the super- (iii) Tow rope or chain; intendent, or both. The following (iv) Board or similar support; routes have been designated for snow- (v) Low pressure tire gauge. mobile use within Olympic National Prior to the issuance of such permits, Park: operators must show compliance with (i) Staircase Road from the park Federal and State regulations and ap- boundary to the Staircase Ranger Sta- plicable to licensing, registering, in- tion. specting, and insuring of such vehicles. (ii) Whiskey Bend Road from the Such permits shall be affixed to the ve- function of the Elwha Road to the hicles as instructed at the time of Whiskey Bend trailhead. issuance. (iii) Boulder Creek Road from Glines (2) Driving off designated, marked Canyon Dam to the end of the road. oversand routes or beaches is prohib- (iv) North Fork Quinault Road from ited. the end of the plowed portion to the (3) Vehicles shall not be parked in North Fork Ranger Station. designated oversand routes or interfere (v) South Shore Road from the end of with moving traffic. the plowed portion to the Graves Creek (4) When the process of freeing a ve- Ranger Station. hicle which has been stuck results in (2) [Reserved] ruts or holes, the ruts or holes shall be [24 FR 11045, Dec. 30, 1959, as amended at 34 filled by the operator of such vehicle FR 5844, Mar. 28, 1969; 34 FR 6331, Apr. 10, before it is removed from that area. 1969; 35 FR 10359, June 25, 1970; 35 FR 14133, (5) The operation of a motorcycle on Sept. 5, 1970; 46 FR 37896, July 23, 1981; 47 FR 54930, Dec. 7, 1982; 48 FR 1488, Jan. 13, 1983; 48 an oversand vehicle route or beach is FR 30295, June 30, 1983] prohibited. (6) The Superintendent may establish § 7.29 Gateway National Recreation limits on the number of oversand vehi- Area. cles permitted on designated oversand (a) Operation of motor vehicles. The op- routes and beaches when such limita- eration of motor vehicles, other than tions are necessary in the interest of authorized emergency vehicles, is pro- public safety, protection of the ecologi- hibited outside of established public cal and environmental values of the roads and parking areas, except on area, coordination with other visitor beaches and oversand routes designated uses. by the Superintendent by the posting (c) Public lewdness. Section 245.00 of of appropriate signs and identified on the New York Penal Code is hereby

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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 A person is guilty of public lewdness when the Sand Point Road. he intentionally exposes the private and inti- (iii) The road to Miner’s Falls, Min- mate parts of his body in a lewd manner or er’s Castle parking area, and the Min- 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. § 7.30 Devils Tower National Monu- (vii) The road from County Road H–58 ment. to the Hurricane River Campground. (a) Climbing. Registration with a park (viii) The road from County road H–58 ranger is required prior to any climb- to the Log Slide. ing above the talus slopes on Devils (ix) The section of Michigan Dimen- Tower. The registrant is also required sion Road from the park boundary to to sign in immediately upon comple- the Log Slide. tion of a climb in a manner specified (x) The frozen waters of Lake Supe- by the registering ranger. rior and Grand Sable Lake. (2) Maps showing designated routes [42 FR 20462, Apr. 20, 1977] shall be available at park headquarters and at ranger stations. § 7.31 Perry’s Victory and Inter- (3) Snowmobile use outside des- national Peace Memorial. ignated routes is prohibited. The prohi- Snowmobiles. After consideration of bition shall not apply to emergency ad- existing special situations, i.e., depth ministrative travel by employees of of snow, and depending on local weath- the National Park Service or law en- er conditions, the superintendent may forcement agencies. permit the use of snowmobiles on that (b) Fishing. Unless otherwise des- portion of land situated between State ignated, fishing in a manner authorized Route 357 and the seawall which des- under applicable State law is allowed. ignates the north boundary of the Me- (c) Hunting. The following lakeshore morial. This route will extend from the areas are closed to hunting: extreme northeast corner of the bound- (1) Sand Point area. All that portion ary to the middle of the intersection of of Sand Point described as the area State Route 357 and Toledo Avenue. below the top of the bluff in Sections 19 [47 FR 55392, Dec. 9, 1982] and 30, T47N, R18W, and that area situated within the corporate limits of the § 7.32 Pictured Rocks National Lake- City of Munising, including the Sand shore. Point Road. (a) Snowmobiles. (1) Snowmobile use is (2) Developed public use areas. (i) The permitted on designated portions of area within 150 yards of any campsite roadways and lakes in Pictured Rocks located within the Little Beaver, National Lakeshore. The designated Twelvemile Beach, and Hurricane routes for snowmobiles will be confined River Campgrounds. to the frozen waters of Lake Superior, (ii) The area within 150 yards of the Grand Sable Lake, on the major lake- Miners Castle overlooks, paved walk- shore visitor use roads that are ways and vehicle parking lot. Also 100 unplowed, or on road shoulders of feet from the centerline of the paved plowed park roads in conformance with Miners Castle Road and the area within State law. The designated snowmobile 100 feet of Miners Falls parking lot, routes are: trail and associated platforms. (i) The Sand Point Road from the (iii) The area within 100 feet of: the park boundary to Lake Superior. Chapel Falls parking lot; the Little

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Beaver backpacker parking lot; the tional Park are open to snowmobile Twelvemile Beach picnic area parking use: lot; the Log Slide parking lot, plat- (i) The frozen waters of Rainy, forms and walkways; the Grand Sable Kabetogama, Namakan, Mukooda, Lit- Lake picnic area and parking lot; the tle Trout and Sand Point Lakes. Grand Sable Lake boat launch and (ii) The Moose River Railroad Grade parking lot; the Grand Sable Lake from the park boundary north to Ash overlook parking lot. River, and then east to Moose Bay, (iv) The area within 150 yards of any Namakan Lake. structure at the Au Sable Light Sta- (iii) The portage trail between Grassy tion, and within 100 feet of the trail be- Bay and Little Trout Lake. tween the lower Hurricane River Camp- (iv) The Chain of Lakes Trail from its ground and the light station. intersection with the Black Bay to (v) The area within 150 yards of the Moose Bay portage, across Locator, Sable Falls parking lot and building, War Club, Quill, Loiten, and Shoepack including the viewing platforms and as- Lakes, to Kabetogama Lake. sociated walkway system to the mouth (2) Snowmobile use is allowed across of Sable Creek. Also included is the the following marked safety portages: area 100 feet from the centerline of the Black Bay to Moose Bay, Lost Bay to paved Sable Falls Road. Saginaw Bay, Laurins Bay to Kettle (vi) The area within 150 yards of: the Falls, Squirrel Narrows, Squaw Nar- Grand Sable Visitor Center parking lot rows, Grassy Bay, Namakan Narrows, and barn; the structures comprising Swansons Bay, Mukooda Lake to Sand the Grand Marais quarters and mainte- Point Lake (north), Mukooda Lake to nance facility. Sand Point Lake (south), Mukooda (vii) The 8.6 acre tract comprising Lake to Crane Lake, Tar Point, Kohler structures and lands administered by Bay, and Sullivan Bay to Kabetogama the National Park Service on Coast Lake. Guard Point in Grand Marais. (3) The Superintendent may deter- (3) Hunting season. Hunting is prohib- mine yearly opening and closing dates ited park wide during the period of for snowmobile use, and temporarily April 1 through Labor Day. close trails or lake surfaces, taking (d) Personal Watercraft (PWC). (1) into consideration public safety, wild- PWC are allowed on the waters within life management, weather, and park Pictured Rocks National Lakeshore, management objectives. from the western boundary of the lake- (4) Maps showing the designated shore to the east end of Miners Beach. routes are available at park head- (2) PWC may be launched only from a quarters and at ranger stations. designated launch site at Sand Point. (5) Snowmobile use outside open des- (3) PWC users may beach their craft ignated routes and lake surfaces is pro- only at Sand Point Beach and Miners hibited. Beach. (c) Aircraft. (1) Aircraft may be oper- (4) The Superintendent may tempo- ated on the entire water surface and rarily limit, restrict, or terminate ac- frozen lake surface of the following cess to the areas designated for PWC lakes, except as restricted in paragrah use after taking into consideration (c)(4) of this section and § 2.17 of this public health and safety, natural and chapter: Rainy, Kabetogama, cultural resource protection, and other Namakan, Sand Point, Locator, War management activities and objectives. Club, Quill, Loiten, Shoepack, Little [47 FR 54932, Dec. 7, 1982, as amended at 49 Trout and Mukooda. FR 18450, Apr. 30, 1984; 60 FR 47703, Sept. 14, (2) Approaches, landings and take- 1995; 70 FR 61905, Oct. 27, 2005] offs shall not be made within 500 feet of any developed facility, boat dock, § 7.33 Voyageurs National Park. float, pier, ramp or beach. (a) Fishing. Unless otherwise des- (3) Aircraft may taxi to and from a ignated, fishing in a manner authorized dock or ramp designated for their use under applicable State law is allowed. for the purpose of mooring and must be (b) Snowmobiles. (1) The following operated with due care and regard for lakes and trails within Voyageurs Na- persons and property and in accordance

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with any posted signs or waterway (ii) Virginia. Peaks of Otter Lake in markers. Bedford County, Va. (4) Areas within the designated lakes (A) On the above-designated water in may be closed to aircraft use by the Virginia the use of bait other than ar- Superintendent taking into consider- tificial lures having one single hook is ation public safety, wildlife manage- prohibited. ment, weather and park management (B) On the above-designated water in objectives. Virginia the daily creel and size limits [49 FR 18450, Apr. 30, 1984, as amended at 56 shall be as posted on the lake shore- FR 3421, Jan. 30, 1991; 60 FR 39258, Aug. 2, line. 1995] (4) Prohibited bait in waters in paragraphs (b)(3) (i) and (ii) of this section: § 7.34 Blue Ridge Parkway. Possession of or use as bait of insects, (a) Snowmobiles. After consideration worms, and other similar organic bait of any special situations, i.e. or parts thereof adjacent to, on, or in prescheduled or planned park activities streams or lakes while in possession of such as conducted hikes or winter bird fishing tackle, is prohibited. and wildlife counts, and depending on (c) Powerless flight. The use of devices local weather conditions, the Super- designed to carry persons through the intendent may allow the use of snow- air in powerless flight is allowed at mobiles on the paved motor road and times and locations designated by the overlooks used by motor vehicle traffic superintendent, pursuant to the terms during other seasons between U.S. 220, and conditions of a permit. Milepost 121.4 and Adney Gap, Milepost (d) Boating. (1) The use of any vessel, 136.0. The public will be notified of as defined in § 3.1 of this chapter on the openings through the posting of signs. waters of the Blue Ridge Parkway is (b) Fishing. (1) Fishing is prohibited prohibited except on the waters of from one-half hour after sunset until Price Lake. one-half hour before sunrise. (2) Vessels using Price Lake shall be (2) Fishing from the dam at Price restricted to vessels propelled solely by Lake or from the footbridge in Price oars or paddles. Lake picnic area in Watauga County, N.C., and from the James River Park- (3) Vessels using Price Lake may be way Bridge in Bedford and Amherst launched only at established or des- Counties, Va., is prohibited. ignated ramps and shall be removed (3) The following waters are subject from the water for the night. Campers to the restrictions indicated: shall remove their vessels from the (i) North Carolina. Basin Creek and its water to their campsites at night. tributaries in Doughton Park; Trout [24 FR 11032, Dec. 30, 1959, as amended at 34 Lake in Moses H. Cone Memorial Park; FR 11969, July 16, 1969; 36 FR 20945, Nov. 2, Ash Bear Pen Pond, Boone Fork River, 1971; 37 FR 20247, Sept. 28, 1972; 42 FR 61042, Cold Prong Branch, Laurel Creek, Sims Dec. 1, 1977; 46 FR 39818, Aug. 5, 1981; 48 FR Creek, Sims Pond in Julian Price Me- 30295, June 30, 1983; 49 FR 18450, Apr. 30, 1984; morial Park, and Camp Creek. 52 FR 10686, Apr. 2, 1987; 52 FR 20388, June 1, 1987] (A) On all of the above-designated waters in North Carolina the use of § 7.35 Buffalo National River. bait other than artificial lures having a single hook is prohibited, except that (a) Fishing. (1) Unless otherwise des- on Basin Creek and its tributaries and ignated by the Superintendent, fishing Boone Fork River from Price Lake in a manner authorized under applica- Dam downstream to the Parkway ble State law is allowed. boundary the use of bait other than (2) The Superintendent may des- single hook artificial flies is prohib- ignate times when and locations where ited. and establish conditions under which (B) On all of the above-designated the digging of bait for personal use is waters in North Carolina the daily allowed. creel and size limits shall be posted (3) The Superintendent may des- around the lake shorelines and along ignate times when and locations where the stream banks. and establish conditions under which

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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 and crayfish for personal use. tour group at all times. Exploration of (2) Violating a designation or condi- side passages, going ahead of the lead tion established by the Superintendent guide and tour group or dropping be- is prohibited. hind the following guide or tour group (c) Motorized Vessels. (1) Except for a is prohibited. vessel propelled by a gasoline, diesel or (3) Persons on ‘‘self-guided’’ or other internal combustion engine with ‘‘semi-guided’’ cave tours must stay in a rating of 10 horsepower or less, oper- the established, designated trails at all ating a motorized vessel from Erbie times. Exploration of side passages or Ford to the White River is prohibited. taking alternate routes is prohibited. (2) Operating a vessel propelled by a (c) Bicycles. (1) The following trails motor is prohibited above Erbie Ford. are designated as routes open to bicy- (3) The provisions of paragraph (c) do cle use: not apply to a vessel operated for offi- (i) Connector Trail from the Big Hol- cial use by an agency of the United low Trailhead to the Maple Springs States, the State of Arkansas or one of its political subdivisions. Trailhead; (ii) Big Hollow Trail; [52 FR 19343, May 22, 1987] (iii) Mammoth Cave Railroad Bike & § 7.36 Mammoth Cave National Park. Hike Trail; and (iv) White Oak Trail. (a) Fishing—(1) General. Trot and (2) The following are prohibited: throw lines shall contain hooks which are spaced at least 30 inches apart. (i) Possessing a bicycle on routes or (2) Seines. (i) The use of seines is per- trails not designated as open to bicycle mitted only in the following runs and use; creeks to catch minnows and crawfish (ii) Unless posted otherwise, oper- for bait: Bylew, First, Second, Pine, ating a bicycle in excess of 15 miles per Big Hollow, Buffalo, Ugly, Cub, Blow- hour on designated routes; and ing Spring, Floating Mill Branch, Dry (iii) Failing to yield the right of way Branch, and Mill Branch. to horses or hikers. (ii) Seines shall not exceed 4 × 6 feet (3) The Superintendent may open or and the mesh shall not be larger than close designated bicycle routes, or por- one-quarter inch. tions thereof, or impose conditions or (3) Live bait. (i) Worms are the only restrictions for bicycle use after taking form of live bait which may be used in into consideration public health and the Sloans Crossing Pond (also known safety, natural and cultural resource as Beaver Pond), Green Pond, Doyle protection, and other management ac- Pond, and First Creek Lake. Live min- tivities and objectives. nows and worms may be used in all other waters. (i) The Superintendent will provide (ii) [Reserved] public notice of all such actions (b)(1) Cave entry. Except for those through one or more of the methods portions of the caves open to the gen- listed in § 1.7 of this chapter. eral public, no person shall enter any (ii) Violating a closure, condition, or cave within the boundaries of the park restriction is prohibited. without first obtaining a permit from [36 FR 506, Jan. 14, 1971, as amended at 42 FR the Superintendent. Permits will be 31454, June 21, 1977; 48 FR 30295, June 30, 1983; issued to persons who are qualified and 77 FR 56123, Sept. 12, 2012] experienced in cave exploration, who

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§ 7.37 Jean Lafitte National Historical entific investigations authorizing such Park. persons to visit the cliff dwellings (a) Fishing. (1) Unless otherwise des- without escort. The Superintendent ignated, fishing in a manner authorized shall approve issuance of a permit pro- under applicable State law is allowed. vided: (2) Within the Barataria Marsh unit, (1) That the investigation plan pro- the superintendent may designate posed, in purpose and in execution, is times and locations and establish con- compatible with the purposes for which ditions governing the taking of cray- the park was established; fish upon a written determination that (2) That the investigation proposed the taking of crayfish: will not jeopardize the preservation of (i) Is consistent with the purposes for park resources; which the unit was established; and (3) That the study undertaken will (ii) Will not be detrimental to other have demonstrable value to the Na- park wildlife or the reproductive po- tional Park Service in its management tential of the species to be taken; and (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. (1) The portion of Tobin Harbor located perintendent by the posting of appropriate 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., and the SW1⁄4 of sec. 34, T. 67 N., R. 33 by the public at park headquarters and W. other convenient locations within the (2) The portion of Rock Harbor lo- park. Persons hiking on the Pictograph cated in the SE1⁄4 of sec. 13, the N1⁄2 of Point or Spruce Canyon Trails must sec. 24, T. 66 N., R. 34 W., and the W1⁄2 register in advance with the Super- of sec. 18, T. 66 N., R. 33 W. intendent. (3) The portion of Washington Harbor (c) Commercial automobiles and buses. located in the N1⁄2 of sec. 32, all of sec. The prohibition against the admission 29, SE1⁄4 of sec. 30, and the E1⁄2 of sec. of commercial automobiles and buses 31, T. 64 N., R. 38 W. to Mesa Verde National Park, con- (b) Underwater diving. No person shall tained in § 5.4 of this chapter shall be undertake diving in the waters of Isle subject to the following exceptions: Royale National Park with the aid of Motor vehicles operated on an infre- underwater breathing apparatus with- quent and nonscheduled tour on which out first registering with the Super- the visit to the park is an incident to intendent. such tour, carrying only round trip (c) Mammals. Dogs, cats, and other mammals may not be brought into or passengers traveling from the point of possessed in the park area, except for origin of the tour, will be accorded ad- guide dogs accompanying the blind. mission to the park upon establishing to the satisfaction of the Super- [35 FR 7793, May 21, 1970, as amended at 42 intendent that the tour originated FR 21777, Apr. 29, 1977] from such place and in such manner as § 7.39 Mesa Verde National Park. not to provide, in effect, a regular and duplicating service conflicting with, or (a) Visiting of cliff dwellings is pro- in competition with, the services prohibited except when persons are accom- vided for the public pursuant to con- panied by a uniformed National Park tract authorization with the Secretary. Service employee. However, the Super- intendent may issue special written [24 FR 11049, Dec. 30, 1959, as amended at 37 permits to persons engaged in sci- FR 23334, Nov. 2, 1972]

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§ 7.40 Hopewell Village National His- other Indians under his supervision or toric Site. under contract to him, including (a) Fishing. (1) Fishing between sun- pipestone articles, shall apply to the set and sunrise is prohibited. Superintendent. The Superintendent 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- intendent. These ponds and springs will [34 FR 5377, Mar. 19, 1969] be posted as closed to fishing and bait § 7.43 Natchez Trace Parkway. collecting and molestation. (b) Fishing; method. (1) Fishing with (a)–(b) [Reserved] pole and line, rod and reel, and trot and (c) Vehicles—(1) Trucks. Trucks over throw line is permitted all year from one ton rated capacity are not per- the United States side of the Rio mitted on the parkway. Trucks, not exceeding 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 or working the pipestone is not so ton rated capacity, when such rec- large as to be inconsistent with preser- reational vehicles are used solely to vation of the deposit and (2) a suitable carry persons for recreational purposes area is available for conduct of the op- together with their baggage, camping eration. The permit shall be issued equipment, and related articles for va- without charge and shall be valid only cation or recreational purposes, are during the calendar year in which it is permitted on the parkway. issued. (5) Trailers. Trailers are permitted (b) An American Indian desiring to when used non-commercially to trans- sell handicraft products produced by port baggage, camping equipment, him, members of his family, or by horses for recreational riding, small

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boats and other similar items used for (b) [Reserved] 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 vessel in such areas is prohibited. buses may travel on the parkway with- (c) Definitions. The following defini- out such written permission when tions shall apply to this section: transporting people for special rec- (1) Ballyhoo means a member of the reational or educational purposes. genus Hemiramphus (family: (7) Towed vehicles other than trailers. Exocoetidae). Such vehicles must be towed with a (2) Cast net means a type of circular rigid tow bar which does not require a falling net, weighted on its periphery, driver for the towed vehicle. Tow bar which is thrown and retrieved by hand. must be equipped with safety chains (3) Commercial fishing means the ac- that are so connected to the towed and tivity of taking or harvesting, or at- towing vehicles and to the tow bar tempting to take or harvest any edible that, if the tow bar fails, it will not or non-edible form of fresh or salt drop to the ground and the chains shall water aquatic life for the purpose of be of sufficient strength to prevent sale or barter. breakaway of the towed vehicle in the (4) Dipnet means a hand-held device event of such tow bar failure. The for obtaining bait, the netting of which towed vehicle must be equipped with is fastened in a frame. brakelights, taillights, and signal (5) Guide fishing means the activity, lights in accordance with applicable of a person, partnership, firm, corpora- State regulations. The towing vehicle tion, or other commercial entity to and towed vehicle must not exceed 55 provide fishing services, for hire, to feet in length. visitors of the park. (d) Beer and alcoholic beverages. The (6) Minnow means a fish used for bait possession of beer or any alcoholic bev- from the family Cyprinodointidae, erage in an open or unsealed container Poeciliidae, or Atherinidae. is prohibited, except in designated pic- (7) Mojarra or ‘‘goats’’ means a mem- nic, lodging, residence, and camping ber of the family Gerreidae. areas. (8) Oyster means a mollusk of the suborder Ostraeaccea. [34 FR 9751, June 24, 1969, as amended at 39 (9) Personal watercraft means a vessel FR 30833, Aug. 26, 1974; 48 FR 30295, June 30, powered by an outboard motor, water- 1983; 52 FR 10686, Apr. 2, 1987] jet or an enclosed propeller or impeller system, where persons ride standing, § 7.44 Canyonlands National Park. sitting or kneeling primarily on or be- (a) Motorized Vehicle Use. Motorized hind the vessel, as opposed to standing vehicles are prohibited in Salt Creek or sitting inside; these craft are some- Canyon above Peekaboo campsite. times referred to by, but not limited

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

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(2) For purposes of this section, a ves- (8) Vessels used as living quarters sel in which the motor(s) is (are) re- shall not remain in or be operated in moved from the gunnels or transom the waters of the Park for more than 14 and stored to be inoperable, is consid- days without a permit issued by the ered to be not motorized. Superintendent. Said permit will pre- (3) The following areas are closed to scribe anchorage location, length of all vessels: stay, sanitary requirements and such (i) T. 54 S., R. 36 E., sections 19, 30, 31; other conditions as considered nec- T. 55 S., R. 36 E., sections 6, 7, 18, 19, essary. and 30, bordering the Shark Valley (f) Violation of any of the provisions Loop Road from the Tamiami Trail of § 7.45 is prohibited. south. [59 FR 58785, Nov. 15, 1994; 60 FR 6022, Feb. 1, (ii) Eco Pond, Mrazek Pond, Royal 1995, as amended at 72 FR 13706, Mar. 23, 2007] Palm Ponds except for Hidden Lake, Parachute Key ponds north of the Main § 7.46 Virgin Islands Coral Reef Na- tional Monument. Park Road, and Lake Chekika. (4) The following inland fresh water (a) Extractive uses. (1) All extractive areas are closed to the use of motorized uses are prohibited within the bound- vessels: Coot Bay Pond, Nine Mile aries of the Monument, including, but Pond, Paurotis Pond, Sweetbay Pond, not limited to, harvest or collection of Big Ficus Pond, Sisal Pond, Pine Glade fish, coastal migratory pelagic fish, Lake, Long Pine Key Lake, Tower baitfish, lobsters, conch, whelk, corals, Lake, Hidden Lake, Pine Island, and L– sponges and all associated reef inverte- 67 canal. brates, and sand, water, plants, seeds, fruit, marine mammals, marine birds, (5) The following coastal waters, des- gas, minerals, and rocks. ignated by statute as wilderness (Pub. (2) All submerged cultural resources L. 95–625), are closed to the use of mo- are protected under the Archeological torized vessels: Mud, Bear, East Fox, Resource Protection Act and the Aban- Middle Fox, Little Fox, and Gator doned Shipwrecks Act. Lakes; Homestead Canal; all associated (b) Exceptions. (1) Exceptions to pro- small lakes on Cape Sable inland from hibited extractive uses are limited to Lake Ingraham; Cuthbert, Henry, Lit- bait fishing at Hurricane Hole and blue tle Henry, Seven Palm, Middle, Mon- runner (hardnose) line fishing in the roe, Long, and the Lungs Lakes; Alli- area south of St. John. The Super- gator Creek from the shoreline of Gar- intendent shall issue permits for such field Bight to West Lake; all inland uses. creeks and lakes north of Long Sound, (2) Bait fishing shall be permitted Joe Bay, and Little Madeira Bay ex- with cast net at a distance greater cept those ponds and lakes associated than ten feet from the seaward edge of with Taylor River. the mangrove prop root system. (6) Except to effect a rescue, or un- (3) A maximum of three gallons of less otherwise officially authorized, no baitfish is allowed per fisherman per person shall land on keys of Florida day. Bay except those marked by signs de- (4) Blue runner shall be caught using noting the area open, or on the main- hand lines and chum (a mixture of land shorelines from Terrapin Point ground up baitfish and sand to attract eastward to U.S. Highway 1, including the fish). the shores of all inland bays and waters (5) Any fish caught other than blue and those shorelines contiguous with runner shall be released. Long Sound, Little Blackwater Sound, (6) Vessels involved in the catch of and Blackwater Sound. blue runner may use moorings des- (7) West Lake Pond and West Lake ignated for that purpose. shall be closed to all vessels when they (c) Marine Operations. No dredging, are being used by feeding birds. At all excavating, or filling operations of any other times, these areas shall be open kind are permitted, and no equipment, only to hand-propelled vessels or Class structures, by-product or excavated A motorboats powered by motors not materials associated with such oper- to exceed 6 horsepower. ations may be deposited in or on the

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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 [34 FR 8356, May 30, 1969, as amended at 41 molest, remove, deface, displace or 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) Echo Bay landing strip located at from 48 hours prior to landfall of the approximate latitude 36°19′ N., approxi- hurricane to 48 hours following passage mate longitude 114°27′ W. of the hurricane. (b) Powerless flight. The use of devices (5) No lines or ropes shall be attached designed to carry persons through the to mangroves or other shoreline vege- air in powerless flight is allowed except tation. in harbors, swim beaches, developed areas, and in other locations des- [68 FR 16435, Apr. 4, 2003] ignated as closed to this activity. (c) Parking. Vehicles or boat trailers, § 7.47 Carlsbad Caverns National Park. or vehicle/boat trailer combinations, (a) Cave entry. (1) With the exception may be left unattended for periods up of the regular trips into Carlsbad Cav- to 7 days, when parked in parking erns under the guidance or supervision areas adjacent to designated boat of employees of the National Park launching sites, without written per- Service, no person shall enter any cave mission obtained in advance from the or undeveloped part or passage of any superintendent. Any vehicle or boat cave without a permit. trailer or vehicle/boat trailer combina- (2) Permits. The Superintendent may tion which is left in parking areas adja- issue written permits for cave entry cent to designated boat launching sites without escort only to persons engaged in excess of 7 days without written per- in scientific or educational investiga- mission obtained in advance from the tions. The Superintendent shall ap- superintendent may be impounded by prove issuance of a permit provided: the superintendent. (i) That the investigation planned (d) Fishing. Unless otherwise des- will have demonstrable value to the ignated, fishing in a manner authorized National Park Service in its manage- under applicable State law is allowed. ment or understanding of park re- (e) The Superintendent may exempt sources, and motor vessels participating in a re- (ii) That the permit applicant is ade- gatta that has been authorized by per- quately equipped and experienced so as mit issued by the Superintendent from to ensure the protection and preserva- the noise level limitations imposed by tion of park resources. § 3.7 of this chapter. (3) Solo exploration. Solo exploration (f) Personal Watercraft. (1) A person or investigation is not permitted in may launch and operate a personal

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watercraft in park waters or beach a of two-stroke engines. A person oper- personal watercraft on park lands, ex- ating a personal watercraft that meets cept in the following areas: the EPA 2006 emission standards (i) In the designated Primitive area through the use of direct-injection two- known as the Gypsum Beds, which is stroke or four-stroke engines, or the described as Arizona T31N; R20W Por- equivalent thereof, is not subject to tions of sections 2, 3, 10 and 11; and this prohibition and will be allowed to (ii) In the designated Primitive area operate as described in this section. known as the Virgin River, which is de- (4) The Superintendent may limit, re- scribed as Nevada T36N; R68E Portions strict, or terminate access to the areas of Sections 25, 26, 34, 35, 36; and designated for PWC use after taking (iii) In the designated Primitive/ into consideration public health and Semiprimitive area in Black Canyon, safety, natural and cultural resource from the Willow Beach Harbor to Hoo- protection, and other management ac- ver Dam, prohibited from the first tivities and objectives. Tuesday following Labor Day weekend [32 FR 15751, Nov. 16, 1967, as amended at 34 through Friday of Memorial Day week- FR 1950, Feb. 11, 1969; 34 FR 18857, Nov. 26, end; and prohibited only on Sundays 1969; 36 FR 21881, Nov. 17, 1971; 38 FR 5245, and Mondays from the Sunday of Me- Feb. 27, 1973; 49 FR 18450, Apr. 30, 1984; 53 FR morial Day weekend through the Mon- 29681, Aug. 8, 1988; 68 FR 17306, Apr. 9, 2003; 72 day of Labor Day weekend, which is de- FR 13706, Mar. 23, 2007; 80 FR 36476, June 25, scribed as Nevada T22S; R65E Portions 2015] of Sections 32; T23S; R65E Portions of 1 § 7.49 Cape Lookout National Sea- Sections 5, 8, 17, 20, 21, 28, 29, 34; T23 ⁄2S; R65E Portions of Sections 34; T23S; shore. R65E Portions of Sections 1, 2, and 12. (a) Personal watercraft (PWC) may Arizona T30N; R23W Portions of Sec- be operated within Cape Lookout Na- tions 3, 10, 15, 22, 27, 34; T29N; R23W tional Seashore only under the fol- Portions of Sections 2, 12, 13; T29N; lowing conditions: R22W Portions of Sections 18, 19, 20, 29; (1) PWC must be operated at flat- and wake speed; (iv) In the designated Semiprimitive (2) PWC must travel perpendicular to area known as the Muddy River Con- shore; fluence with Lake Mead (Overton Wild- (3) PWC may only be operated within life Management Area), which is de- the seashore to access the following scribed as Nevada T16S; R68E Portions sound side special use areas: of Sections 28, 29, 32, 33 and 34 and T17; (i) North Core Banks: R68E; and (v) In the designated Semiprimitive Access Location area known as Grand Wash Bay, which (A) Ocracoke Wallace Channel dock to the demarcation is described as Arizona T33N; R16W Inlet. line in Ocracoke Inlet near Milepost 1. Portions of Sections 16, 17, 21, 22, 27, 28, (B) Milepost 11B Existing sound-side dock at mile post 11B 1 approximately 4 miles north of Long 29, 33 and 34, and T32 ⁄2 N; R16W Por- Point. tions of Sections 32 and 33; and (C) Long Point .. Ferry landing at the Long Point Cabin (vi) In the designated Semiprimitive area. area known as Bonelli Bay, which is (D) Old Drum Sound-side beach near Milepost 19 (as Inlet. designated by signs), approximately 1⁄2 described as Arizona T31N; R20W Por- mile north of Old Drum inlet (adjacent to tions of Sections 4, 5, 7, 8, 9, 16, 17, 18, the cross-over route) encompassing ap- 19, 20, 21, 29 and 30. proximately 50 feet. (2) A person may not operate a personal watercraft at a speed in excess of (ii) South Core Banks: flat wake speed within 200 feet of any Access Location beach occupied by bathers, boats at the shoreline, or persons in the water or at (A) New Drum Sound-side beach near Milepost 23 (as 1 the shoreline. Inlet. designated by signs), approximately ⁄4 mile long, beginning approximately 1⁄2 (3) After December 31, 2012, no one mile south of New Drum Inlet. may operate a personal watercraft that (B) Great Island Carly Dock at Great Island Camp, near does not meet the 2006 emission stand- Access. Milepost 30 (noted as Island South Core ards set by EPA for the manufacturing Banks-Great Island on map).

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(iii) Cape Lookout: (iii) Rock Creek north of the east/ west buoy line at approximately Access Location 034°27′50″ North Latitude. (A) Lighthouse A zone 300 feet north of the NPS dock at (iv) The Buckhorn Ramp bay, east of Area North. the lighthouse ferry dock near Milepost the north south line drawn from the 41. Buckhorn Boat Ramp Breakwater (B) Lighthouse Sound-side beach 100 feet south of the Dam. Area South. ‘‘summer kitchen’’ to 200 feet north of the Cape Lookout Environmental Edu- (v) A 150 foot wide zone along the cation Center Dock. north shore of the Buckhorn Creek arm (C) Power Sound-side beach at Power Squadron Spit starting at the north end of the Squadron Spit. across from rock jetty to end of the spit. Buckhorn Boat Ramp Breakwater Dam and continuing southeast to the (iv) Shackleford Banks: Buckhorn Campground D Loop beach. Access Location (vi) The cove south and east of Buckhorn Campground C and D Loops. (A) West End Sound-side beach from Whale Creek west (vii) The cove located east of Access. to Beaufort Inlet, except the area between the Wade Shores toilet facility Buckhorn Campground B Loop and ad- and the passenger ferry dock. jacent to Buckhorn Campground A Loop. (b) The Superintendent may tempo- (viii) The second cove east of rarily limit, restrict or terminate ac- Buckhorn Campground B Loop, fed by cess to the areas designated for PWC a creek identified as Dry Branch. use after taking into consideration (ix) Buckhorn Creek east of the east/ public health and safety, natural and west buoy line located at approxi- cultural resource protection, and other mately 096°59′3.50″ Longitude, known as management activities and objectives. the G Road Cliffs area. (x) Within 150 feet of all persons, [71 FR 53031, Sept. 8, 2006] docks, boat launch ramps, vessels at § 7.50 Chickasaw Recreation Area. anchor, vessels from which people are fishing, and shoreline areas near camp- (a) Fishing. Unless otherwise des- grounds. ignated, fishing in a manner authorized (3) PWC may only be launched from under applicable State law is allowed the following boat ramps: on Arbuckle Reservoir and Veterans (i) Buckhorn boat ramp. Lake. (ii) The Point boat ramp. (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 National Recreation greater than flat wake speed in the fol- Area. lowing locations: (a) Hunting. Hunting is allowed at (i) The Guy Sandy arm north of the times and locations designated as open east/west buoy line located near Mas- for hunting. ters Pond. (b) Trapping. Trapping is allowed at (ii) The Guy Sandy Cove west of the times and locations designated as open buoy marking the entrance to the cove. for trapping.

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(c) Snowmobiles. Operating a snow- (ii) West Elk arm at approximate mobile is allowed within the bound- longitude 107°16′45″ N latitude 38°29′43″ aries of Curecanti National Recreation W. Area under the following conditions: (iii) Cebolla arm at approximate lon- (1) That the operators and machines gitude 107°12′16″ N latitude 38°27′37″ W. conform to the laws and regulations (iv) Lake Fork arm at approximate governing the use of snowmobiles as longitude 107°18′19″ N latitude 38°27′2″ stated in this chapter and those appli- W. cable to snowmobile use promulgated (3) PWC must operate at ‘‘flat wake’’ by the State of Colorado where they speeds in the following areas: prove to be more stringent or restric- (i) Within 100′ of shoreline inside Dry tive than those of the Department of Creek cove. the Interior. (ii) Within 500′ of shoreline along old (2) Designated water surface and highway 50 and Bay of Chickens. routes. Snowmobile use is confined to (iii) Within the buoyed area around the following water surface and routes: Elk Creek and Lake Fork marinas. (i) The frozen surface of Blue Mesa (iv) Within the buoyed area at Iola, Reservoir; and Stevens Creek, and Ponderosa boat (ii) Lake Fork Visitor Center access launch. point, McIntyre Gulch access point, (v) From Lake city bridge east to Sapinero Beach access point, Dillon Beaver Creek. Pinnacles access point, Windsurf Beach ′ access point, Elk Creek Marina, Dry (vi) Within 100 of shoreline adjacent Creek access point, North Willow ac- to Stevens Creek campground. cess point, Old Stevens access point, (4) PWC may only be launched from Iola access point, Willow Creek access designated boat launch sites. point, and the most direct route from (e) Off-road motor vehicle use. Oper- each of these access points to the fro- ating a motor vehicle is allowed within zen surface of Blue Mesa Reservoir. the boundaries of Curecanti National (3) Identification of designated water Recreation Area off park roads under surface and routes. The designated the following conditions: water surface and routes are identified (1) Designated routes and areas. Motor on maps available at the office of the vehicle use off park roads is confined to Superintendent, Elk Creek Visitor Cen- the following routes and areas: ter, Lake Fork Visitor Center, Cim- (i) Via the access points and routes arron Visitor Center, and on the recre- listed in paragraph (c)(2)(ii) of this sec- ation area Web site. tion, directly to the frozen surface of (4) Snowmobile requirements. Snowmo- Blue Mesa Reservoir; biles are limited to a maximum of 1200 (ii) A maximum area of approxi- pounds gross vehicle weight (GVW), in- mately 958 acres of the exposed lake cluding cargo but excluding the weight bottom of Blue Mesa Reservoir between of the driver and any passenger. the high-water mark and the water of (d) Personal Watercraft (PWC). PWC the reservoir; and may operate within Curecanti National (iii) Posted designated access routes Recreation Area in the following des- through the recreation area described ignated areas and under the following and selected in the Curecanti Motor conditions: Vehicle Access Plan/Finding of No Sig- (1) PWC may operate and land on nificant Impact dated July 10, 2012. Blue Mesa Reservoir between Beaver (2) Identification of designated routes Creek and Blue Mesa dam, except that and areas. These routes and areas are PWC may not operate in the buoyed identified on Maps 6a and 6b, dated barricaded section in the vicinity of January 1, 2011, which are available at the dam. the office of the Superintendent, Elk (2) PWC must operate at ‘‘flat wake’’ Creek Visitor Center, Lake Fork Vis- speeds within Blue Mesa Reservoir in itor Center, Cimarron Visitor Center, the following areas upstream of des- and on the recreation area Web site. ignated buoys: (3) Vehicle requirements. Motor vehi- (i) Soap Creek arm at approximate cles operating off park roads must longitude 107°8′9″ N latitude 38°30′16″ W. meet the following requirements:

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(i) Wheelbase width must not exceed cle use by the public. These routes will 8 feet, 6 inches. be marked by signs, snow poles, or (ii) Maximum gross vehicle weight other appropriate means. for motor vehicle use on the frozen sur- The park Superintendent shall deter- face of Blue Mesa Reservoir is 1800 mine the opening and closing dates for pounds GVW, including cargo but ex- use of designated snowmobile routes cluding the weight of the driver and each year. Routes will be open to snow- any passenger. This restricts vehicle mobile travel when they are considered use on the frozen surface to all-terrain to be safe for travel but not necessarily and utility task type vehicles. free of safety hazards. (4) Speed limits. Unless otherwise (3) Snowmobile use outside des- posted, motor vehicles may not exceed ignated routes is prohibited. This pro- 15 miles per hour on designated off- hibition shall not apply to emergency road routes and areas. administrative travel by employees of (f) Superintendent’s authority. The Su- the National Park Service or its con- perintendent may open or close des- tractors or concessioners or law en- ignated routes, water surfaces, access forcement agencies. points, or areas open to snowmobile, (b) [Reserved] PWC, or off-road motor vehicle use, or portions thereof, or impose conditions [49 FR 29375, July 20, 1984] or restrictions for snowmobile, PWC, or § 7.53 Black Canyon of the Gunnison off-road motor vehicle use after taking National Monument. into consideration public health and safety, natural and cultural resource (a) Snowmobiles. (1) During periods protection, and other management ac- when snow depth prevents regular ve- tivities and objectives. hicular travel to the North Rim of the (1) The Superintendent will provide Monument, as determined by the su- public notice of all such actions perintendent, snowmobiling will be through one or more of the methods permitted on the graded, graveled listed in § 1.7 of this chapter. North Rim Drive and parking areas (2) Violating a closure, condition or from the north monument boundary to restriction is prohibited. North Rim Campground and also to the Turnaround. [49 FR 18451, Apr. 30, 1984, as amended at 49 (2) On roads designated for snow- FR 34480, Aug. 31, 1984; 71 FR 55119, Sept. 21, mobile use, only that portion of the 2006; 78 FR 72031, Dec. 2, 2013] road or parking area intended for other § 7.52 Cedar Breaks National Monu- motor vehicle use may be used by ment. snowmobiles. Such roadway is avail- (a) Snowmobiles. (1) During periods able for snowmobile use only when when snow depth prevents regular ve- there is sufficient snow cover and when hicular travel in the Monument, these roads and parking areas are snowmobiling will be permitted on the closed to all other motor vehicle use by main Monument road and parking the public. These routes will be marked areas from the south boundary to the by signs, snow poles, or other appro- north boundary and on the Panguitch priate means. Snowmobile use outside Lake road from its junction with the designated routes is prohibited. (b) [Reserved] main Monument road east to the east park boundary. In addition, the paved [49 FR 34478, Aug. 31, 1984] walkway from the Visitor Center parking lot to the Point Supreme overlook § 7.54 Theodore Roosevelt National is also open for snowmobile travel. Park. (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

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boundaries of the park. There are no (ii) Within 200 feet of launch ramps, designated access points to the route marina facilities, campground areas, within the park. water skiers, beaches occupied by (2) The superintendent shall deter- swimmers, or other persons in the mine the opening and closing dates for water. the use of designated snowmobile (iii) The stretch of the Spokane Arm routes each year, taking into consider- from 200 feet west of the Two Rivers ation snow, weather and river condi- Marina on the downstream end, to 200 tions. He shall notify the public by feet east of the Fort Spokane launch posting of appropriate signs at the ramp on the upstream end, above the main entrance to both units of the vehicle bridge. park. The superintendent may, by the (5) The Superintendent may tempo- posting of appropriate signs, require rarily limit, restrict or terminate ac- persons to register or obtain a permit cess to the areas designated for PWC before operating any snowmobiles use after taking into consideration within the park. The operation of public health and safety, natural and snowmobiles shall be in accordance cultural resource protection, and other with State laws in addition to the Na- management activities and objectives. tional Park Service regulations. [49 FR 18451, Apr. 30, 1984, as amended at 69 (b) [Reserved] FR 35526, June 25, 2004] [49 FR 34479, Aug. 31, 1984] § 7.56 Acadia National Park. § 7.55 Lake Roosevelt National Recre- (a) Designated Snowmobile Routes. The ation Area. designated routes for snowmobile shall (a) Hunting. Hunting is allowed at be: times and locations designated as open (1) Park Loop Road (except section for hunting. from Stanley Brook intersection north (b) Aircraft. Float planes may be op- to the gate at Penobscot Mountain erated on Lake Roosevelt on those Parking Area) and connecting roads as waters not administered by Indians as follows: Paradise Hill Road (Visitor part of the Indian Zone, i.e., mid-chan- Center to Junction Park Loop Road); nel to the shore of the non-Indian side Stanley Brook Road; Ledgelawn Exten- of the Lake. A map showing the waters sion Road; Sieur de Monts (gate to where aircraft may be operated will be Loop Road); West Street; Cadillac available in the office of the super- Mountain Summit Road; entrance intendent. roads to Wildwood Stable. (c) Personal Watercraft (PWC). (1) (2) Portions of Carriage Paths as fol- PWCs are allowed on the waters within lows: A section of Carriage Path 1.8 Lake Roosevelt National Recreation miles in length from the parking area Area except in the following areas: at the north end of Eagle Lake down (i) Crescent Bay Lake. the east side of the lake to connection (ii) Kettle River above the Hedlund with Park Loop Road at Bubble Pond Bridge. Rest Area. A section of Carriage Path (2) Launch and retrieval of PWC are 0.6 miles in length from Wildwood Sta- permitted only at designated launch ble to connection with Park Loop Road 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.

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(8) The two crossroads connecting area. There is no limit to the number Western Mountain Road and Seal Cove of permits that the Superintendent Road. may issue. (9) Long Pond Truck Road including (ii) The NPS charges a fee to recover Spur Road to Pine Hill. the costs of administering the special (10) Lurvey Spring Road from Junc- use permits. Permit applicants must tion with Long Pond Road in South- pay the fee charged by the NPS in west Harbor to intersection with Echo order to obtain a special use permit. Lake Beach Road. (iii) Annual permits are valid for the (11) The Echo Lake Entrance Road calendar year for which they are from State Route 102 to Echo Lake issued. Three-day permits are valid on Beach Parking Area. the day designated on the permit and [48 FR 1195, Jan. 11, 1983] the following two days. One-day permits are valid on the day designated on § 7.57 Lake Meredith National Recre- the permit. ation Area. (iv) A permit applicant must ac- (a)(1) What terms do I need to know? In knowledge in writing that he or she un- addition to the definitions found in § 1.4 derstands the rules governing off-road of this chapter, the following definition vehicle use in the recreation area. applies to this § 7.57 only. (v) Each motor vehicle permitted to All-terrain vehicle or ATV means a operate off roads must display an NPS motor vehicle that is: decal issued by the superintendent. The (i) Equipped with a seat or seats for NPS decal must be affixed to the vehi- the use of the rider and a passenger, if cle in a manner and location specified the motor vehicle is designed by the by the superintendent. manufacturer to transport a passenger; (ii) Designed to propel itself with (vi) Permits may be requested from three or more tires in contact with the the recreation area headquarters in ground; Fritch, Texas, or on the recreation (iii) Designed by the manufacturer area Web site. for off-highway use; (4) Designated locations. (i) The oper- (iv) Not designed by the manufac- ation of a motor vehicle off roads with- turer primarily for farming or lawn in the recreation area is prohibited ex- care; and cept at the locations designated by this (v) Not more than 50 inches wide. paragraph (a). Designated locations are (2) Off-road motor vehicle use. Oper- identified on maps available at the ating a motor vehicle is allowed within recreation area headquarters and on the boundaries of Lake Meredith Na- the recreation area Web site, and are tional Recreation Area off roads under marked on the ground with signs, the conditions in this paragraph (a). posts, or cables. (3) Permit requirement. (i) A special (ii) Permitted motor vehicles may be use permit issued and administered by used off roads at the following loca- the superintendent is required to oper- tions at Blue Creek, an area at the ate a motor vehicle off roads at des- northern end of the recreational area ignated locations in the recreation that empties into Lake Meredith:

Designated locations for off-road motor vehicle use Part of a management zone?

Blue Creek Approximately 133.5 acres on the river bottom ...... Low Speed Zone (partial overlap). Approximately one linear mile of routes and access points to the river bottom No.

(iii) Permitted motor vehicles may dian River at the southern end of the be used off roads at the following loca- recreation area: tions at Rosita, an area of the Cana-

Designated locations for off-road motor vehicle use Part of a management zone?

Rosita ...... Approximately 170.2 acres south of the Canadian River (currently No. denuded of vegetation) at the western border of LAMR where HWY 287 nears the recreation area.

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Designated locations for off-road motor vehicle use Part of a management zone?

Approximately 65.2 acres south of the Canadian River and on the Hunting Zone (complete overlap). east side of Bull Taco Hill. Approximately 119.3 acres on the river bottom ...... Resource Protection Zone (partial overlap). Approximately 15.1 linear miles of routes and access points to the Resource Protection Zone (partial overlap). river bottom. Hunting Zone (complete overlap). Approximately one linear mile of routes south of the Canadian Beginner Zone (complete overlap). River near HWY 287.

(5) Management zones. Some of the identified on maps available at head- designated locations for off-road motor quarters and on the recreation area vehicle use enter into or abut one or Web site. Each zone has special restric- more management zones that further tions governing off-road motor vehicle manage this activity. These zones are use as set forth in the following table:

Zone Special restrictions Location

Beginner Zone ...... Speed limit: 20 mph (unless otherwise posted). Routes marked for beginner operators of off-road vehicles only ...... Rosita. Camping Zone ...... Speed limit: 15 mph (unless otherwise posted). Off-road vehicles may only be used to access the campground; recreational use Rosita. prohibited. Blue Creek. Off-road vehicles that are not registered in a state may not be used from 10 p.m.– 6 a.m. (unless otherwise posted). Hunting Zone ...... Off-road vehicles may be used only for hunting during the Texas general white- Rosita. tailed deer season. Low-Speed Zone ...... Speed limit: 15 mph (unless otherwise posted). Located approximately 1⁄2 mile on either side of the FM 1913 bridge ...... Blue Creek. Resource Protection Zone .. Off-road vehicles with a wheel width greater than 65 inches are prohibited ...... Rosita.

(6) Camping at Blue Creek and Rosita. ed) in specific management zones is Camping is prohibited in designated prohibited. ORV areas, routes, and access points (vi) Operating a motor vehicle in ex- and within 100 feet of these locations, cess of 55 mph (unless otherwise post- except for marked camping zones ed) in the designated areas that are not where camping is allowed in or next to part of a Low-Speed Zone on the river a motor vehicle, including a tent trail- bottoms at Blue Creek and Rosita is er, RV, or van. prohibited. (7) Operational and vehicle require- (vii) All ATVs must be equipped with ments. The following requirements a whip—a pole, rod, or antenna—that is apply to the use of motor vehicles off securely mounted on the vehicle and roads in the recreation area: stands upright at least eight feet from (i) At Rosita, operating a motor vehi- the surface of the ground when the ve- cle in an isolated pool of water that is hicle is stopped. This whip must have a not connected to or touching flowing solid red or orange safety flag with a water is prohibited. minimum size of six inches by twelve (ii) Operating a motor vehicle on inches that is attached no more than vegetation is prohibited. ten inches from the top of the whip. (iii) Glass containers are prohibited Flags must have a pennant, triangle, in designated areas, routes, and access square, or rectangular shape. points, and in camping zones. (viii) A motor vehicle must display (iv) Operating a motor vehicle in ex- lighted headlights and taillights during cess of 35 mph (unless otherwise post- the period from one-half hour before ed) on designated routes and access sunset to one half hour after sunrise. points at Blue Creek and Rosita is pro- (ix) Motor vehicles must have a func- hibited. tioning muffler system. Motor vehicles (v) Operating a motor vehicle in ex- that emit more than 96 decibels of cess of the speed limits identified in sound (using the SAE J1287 test stand- paragraph (a)(5) (unless otherwise post- ard) are prohibited.

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(x) Operating a motor vehicle with a (i) Fueling of PWC is prohibited on wheel width greater than 65 inches in a the lake, except at the marina fuel Resource Protection Zone is prohib- dock with an attendant providing the ited. fuel service, or onshore and out of the (8) Prohibited acts. Violating any pro- water. vision of this paragraph (a), including (ii) Carrying of fuel in an external or the special restrictions for each man- portable container onboard a PWC is agement zone, or the terms, conditions, prohibited. or requirements of an off-road vehicle (iii) PWC may only be launched at permit is prohibited. A violation may designated launch sites established by also result in the suspension or revoca- the Superintendent in accordance with tion of the applicable permit by the su- 36 CFR 1.5 and 1.7. perintendent. (iv) PWC may not operate at greater (9) Superintendent’s authority. The su- than flat wake speed in the following perintendent may open or close des- designated areas: North Turkey Creek, ignated areas, routes, or access points Bugbee Canyon, North Canyon, North to motor vehicle use, or portions there- Cove, South Canyon, Sexy Canyon, of, or impose conditions or restrictions Amphitheater Canyon, the coves be- for off-road motor vehicle use after tween day markers 9 and 11, Fritch taking into consideration public health Canyon, Short Creek, Evans Canyon and safety, natural and cultural re- and Canal Canyon. Flat wake areas are source protection, and other manage- designated by buoys marked with ‘‘flat ment activities and objectives. The su- wake’’ or other similar markings. The perintendent will provide public notice location of those buoys may be ad- of all such actions through one or more justed by the Superintendent based on of the methods listed in § 1.7 of this reservoir water levels. chapter. Violating any such closure, (3) The Superintendent may tempo- condition, or restriction is prohibited. rarily limit, restrict or terminate ac- (b) Safety Helmets. The operator and cess to the areas designated for PWC each passenger of a motorcycle shall use after taking into consideration wear a safety helmet while riding on a public health and safety, natural and motorcycle in an off-road area des- cultural resource protection, and other ignated in paragraph (a) of this section. management activities and objectives. (c) Powerless flight. The use of devices (h) Bicycling. (1) The Superintendent designed to carry persons through the may designate for bicycle use routes or air in powerless flight is allowed except portions of routes in the following sec- in locations designated as closed to tions of the park’s multi-use rec- this activity. The superintendent may reational trail: designate times and locations where (i) Harbor Bay-Fritch Canyon area such activity is allowed only under the (approximately 5.7 miles); terms and conditions of a permit. (ii) Harbor Bay Short-Creek area (ap- (d) Fishing. Unless otherwise des- proximately 3.3 miles); ignated, fishing in a manner authorized (iii) Short Creek-South Turkey Creek under applicable State law is allowed. area (approximately 2.8 miles); (e) Hunting. Hunting is allowed at (iv) South Turkey Creek area (ap- times and locations designated as open proximately 4.4 miles); and for hunting. (v) Fritch Fortress area (approxi- (f) Trapping. Trapping is allowed at mately 5.2 miles). times and locations designated as open (2) Designation of bicycle routes or for trapping. portions of routes shall be imple- (g) Personal watercraft (PWC). (1) PWC mented with a written determination may operate on Lake Meredith except that the route is open for public use in the following closed areas: stilling and that such bicycle use is consistent basin below Sanford Dam, within 750 with the protection of the park area’s feet of the Sanford Dam intake tower, natural, scenic and aesthetic values, and on the waters of the Canadian safety considerations and management River. objectives, and will not disturb wildlife (2) PWC may operate on Lake Mere- or park resources. Notice may be pro- dith under the following conditions: vided by posting signs and identifying

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routes on maps which shall be avail- (5) Hunting will be restricted to wa- able in the office of the Superintendent terfowl. Season length, opening and and on the park’s Web site. closing dates, bag limits and species of (3) The Superintendent may open or waterfowl which may be taken will be close designated bicycle routes, or por- in accordance with the rules and regu- tions thereof, or impose conditions or lations issued by the North Carolina restrictions for bicycle use after taking Wildlife Resources Commission and the into consideration public health and U.S. Fish and Wildlife Service. safety, natural and cultural resource (6) Hunting privileges will be free for protection, carrying capacity, and all hunters possessing a North Carolina other management activities and ob- State hunting license and Federal mi- jectives. gratory bird hunting stamp. (i) The Superintendent will provide (7) Permanent blinds will be con- public notice of all such actions structed exclusively by the Seashore through one or more of the methods and these will be built only on Bodie listed in § 1.7 of this chapter. Island. Setting up and use of tem- (ii) Violating a closure, condition, or porary or portable blinds by hunters restriction is prohibited. will be permitted on Hatteras and [36 FR 14694, Aug. 10, 1971, as amended at 40 Ocracoke Islands. FR 762, Jan. 3, 1975; 48 FR 30295, June 30, 1983; (8) Minimum distance between blinds 49 FR 18451, Apr. 30, 1984; 52 FR 10686, Apr. 2, on Seashore land and ponds within the 1987; 69 FR 30223, May 27, 2004; 72 FR 13706, designated hunting areas will be 300 Mar. 23, 2007; 79 FR 15696, Mar. 21, 2014; 80 FR yards unless other conditions, such as 55264, Sept. 15, 2015] natural screening, justify a shorter dis- § 7.58 Cape Hatteras National Sea- tance. shore. (9) Hunting on Ocracoke Island will (a) Hunting. (1) Lands within the Sea- be permitted and managed in the same shore on which hunting is legally per- manner as Hatteras Island. mitted are designated as follows: (10) ‘‘Jump shooting’’ of waterfowl (i) Ocracoke Island, except Ocracoke will be permitted only on Hatteras and village. Ocracoke Islands and is prohibited (ii) Hatteras Island, 500 acres, in within 300 yards of any blind. three disconnected strips 250 feet wide (11) Properly licensed and authorized measuring eastward from mean high guides may provide hunting guide serv- water mark on Pamlico Sound between ice within the designated hunting areas villages of Salvo and Avon and Buxton, in the Seashore. They will not be per- and between Frisco and Hatteras. mitted to solicit business within the (iii) Bodie Island, 1,500 acres, between boundaries of the Seashore and all ar- high water mark of Roanoke Sound rangements with hunters must be made and a line 2,000 feet west of and parallel outside of those boundaries. Guides to U.S. Highway 158, and from the will be required to possess a North north dike of the Goosewing Club prop- Carolina State guide license and to ful- erty on the north to the north bound- fill all requirements and conditions im- ary of the Dare County tract on the posed by that license. Fees charged by south. guides must be approved in advance by (2) Seashore lands on which hunting the Superintendent. Each guide must is not permitted will be posted accord- also possess a permit issued by the Su- ingly. perintendent which authorizes him to (3) This hunting plan will be adminis- guide hunters within the Seashore and tered and enforced by the National the amount of the fees which he may Park Service, through the Service’s au- charge. thorized local representative, the Su- (12) Guides shall have no permanent perintendent of the Seashore, herein- or seasonal blind rights within the Sea- after referred to as the Superintendent. shore and no special privileges other (4) The State of North Carolina will than those specified in this section. assist in the enforcement of applicable (13) At 5:00 a.m. each morning the State and Federal hunting laws and day of hunting a drawing for blind as- otherwise in carrying out this plan. signments will be conducted at the

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check-out station. Advance reserva- (b) Definitions. As used in this sections for permission to draw will be action: cepted through the United States mail (1) Definitions. As used in this part: only. Reservations postmarked prior to (i) Seashore. Cape Hatteras National 12:01 a.m. of September 25 will not be Seashore. accepted. The postmark date and hour (ii) Legal resident of an established vil- will establish and govern the priority lage. An individual (excluding a cor- of drawing. Maximum reservation by poration, partnership, or other artifi- any person shall be three (3) consecu- cial person) having domicile in one of tive days in any week, Monday through the following Outer Banks villages re- Saturday, and limited to a total of six ferred to in section 1 of the Act of Au- (6) days during the season. Reserva- gust 17, 1937 (50 Stat. 669): tions shall have priority over nonres- Corolla, Duck, Kitty Hawk, Kill Devil ervations at drawing time. In the event Hills, Collington, Nags Head, Manteo, a reservation is to be canceled, the Su- Wanchese, Rodanthe, Waves, Salvo, Avon, perintendent shall be informed by the Buxton, Frisco, Hatteras, Ocracoke. party prior to drawing time for the (iii) Commercial fishing. All operations date or dates of the reservation. preparatory to, during, and subsequent (14) The first departure from a blind to the taking of fish by any means if a by a person terminates his hunting primary purpose of the taking is to sell privilege within Bodie Island for that fish. day and the blinds may be reassigned (iv) Commercial fishing permit. Written by the Superintendent, Cape Hatteras revocable authorization, issued by the National Seashore Recreational Area, Superintendent to an eligible indi- or his duly authorized representative, vidual, to engage in commercial fishing for use by others later the same day. from the Seashore beaches. The permit Vacating parties must check out and will be issued on an annual basis com- furnish information regarding their mencing on October 1st of each year. take at the checking station on Bodie (2) Commercial fishing permit required. Island located near the north boundary A commercial fishing permit is re- of the hunting area. quired before engaging in commercial (15) Hunters and guides shall provide fishing from the seashore beaches. their own decoys and are required to (3) Permits. Commercial fishing per- leave the blind which they used in a mits may be issued by the Super- clean, sanitary and undamaged condi- intendent or his authorized representa- tion. tive limited to individuals meeting the (16) All hunters taking banded fowl following criteria of eligibility: shall turn in the bands at the check- (i) A legal resident of an established out station. village. (17) Details of this plan, interpreta- (ii) Possession of a valid North Caro- tions and further information regard- lina commercial fishing license or en- ing it will be published in local news- gagement in a joint commercial fishing papers and issued in circular form free venture with a North Carolina com- to all interested persons. mercial fishing licensee. (18) Access to blinds will be by des- The permit shall be carried at all times ignated foot trails. Vehicles will not be while engaged in commercial fishing permitted to drive to the blind sites. and shall be displayed upon request by (19) Trained dogs will be permitted the Superintendent or his representa- for retrieving providing they are kept tive. When two or more individuals en- under restraint by the hunter. gage in a joint commercial fishing ven- (20) Blinds will be limited to two per- ture involving a splitting of profits or sons without a guide and three includ- any other assumption of proprietary ing the guide. Only two guns will be interests, each individual must qualify permitted in each blind. for and have a commercial fishing per- (21) All other regulations will be in mit. An employee hired by a permittee accordance with the North Carolina for a specific wage with no financial in- State and Federal migratory bird hunt- terest in the activity need not have a ing laws. permit.

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(4) Revocation of permit. The Super- seaward side, the corridor runs to the intendent may revoke the commercial water line, which will not be marked fishing permit of any permittee who by posts unless necessary. Where the ceases to meet the criteria of eligi- ocean beach is at least 30 meters wide bility set forth in paragraph (c)(3) of above the high tide line, the landward this section or who violates any Gen- side of the corridor will be posted at eral, Special, or other related regula- least 10 meters seaward of the toe of tion governing activities at the Sea- the dune. shore. (2) ORV permits. ORV permits are a (5) Beach sanitation and conservation form of NPS special park use permits, of aquatic life. Notwithstanding any which are issued and administered by General Regulation of the National the Superintendent and for which the Park Service to the contrary, all fish- NPS charges a fee to recover its admin- ermen, commercial and sport, landing istrative costs. fish on the Seashore by any method (i) A permit issued by the Super- and not using such fish because of size, intendent is required to operate a vehi- edible quality, or other reason, shall cle on designated ORV routes at the immediately release and return such Seashore. fish alive in the waters from which (ii) Operation of a motor vehicle au- taken. No dead fish or part thereof may thorized under an ORV permit is lim- be left on any shore, beach, dock, pier, ited to those routes designated in this fish cleaning table or thrown back into paragraph (c). the waters, but must be disposed of (iii) There is no limit to the number only at points or places designated for of ORV permits that the Super- the disposal thereof or removed from intendent may issue. the seashore area. (iv) ORV permits are valid for the (6) Sport-fishing Zone. A zone is estab- dates specified on the permit. The published for the protection and enhance- lic will be notified of any changes to ment of recreational sport-fishing com- ORV permit durations through one or mencing at Beach Access Ramp No. 22 more of the methods listed in § 1.7(a) of and continuing south and west along this chapter. the ocean shore, including Cape Point (Cape Hatteras), to Beach Access Ramp (v) In order to obtain a permit, an ap- No. 30. Within this zone commercial plicant must comply with vehicle and fishing, as specified in the Act of Au- equipment requirements, complete a gust 17, 1937 (50 Stat. 669), is permitted, short education program in a manner except between the hours of 12:01 a.m. and location specified by the Super- on Saturday to 11:59 p.m. on Sunday intendent, acknowledge in writing an from October 1 through April 30, com- understanding of the rules governing mercial fishermen are not permitted to ORV use at the Seashore, and pay the haul seines or nets onto the beach permit fee. within the Zone. (vi) Each permit holder must affix (c) Off-road motor vehicle use—(1) Defi- the proof of permit, in a manner and nitions. In addition to the definitions location specified by the Super- found in § 1.4 of this chapter, the fol- intendent, to the vehicle covered by lowing terms apply in this paragraph the permit for use off-road. (c): (3) Vehicle and equipment requirements. ORV means a motor vehicle used off The following requirements apply for of park roads (off-road), subject to the driving off-road: vehicle requirements, prohibitions, and (i) The vehicle must be registered, li- permitting requirements described in censed, and insured for highway use this paragraph (c). and must comply with inspection re- ORV corridor means the actual phys- quirements for the state, country, or ical limits of the designated ORV route province where the vehicle is reg- in the Seashore. On the landward side, istered. the ORV corridor on Seashore beaches (ii) The vehicle may have no more will be marked when possible by posts than two axles. that are located seaward of the toe of (iii) A towed boat or utility trailer the dune or the vegetation line. On the may have no more than two axles.

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(iv) Vehicle tires must be listed or shore road to a predetermined location approved by the U.S. Department of in a beach area in front of a village Transportation. that is not otherwise open to ORV use. (v) The vehicle must carry a low- (8) Commercial fishing vehicles. The pressure tire gauge, shovel, jack, and Superintendent, when issuing a com- jack support board. mercial fishing permit, may authorize (4) Vehicle inspection. Authorized per- the holder, when actively engaged in sons may inspect the vehicle to deter- authorized commercial fishing, to oper- mine compliance with the require- ate a vehicle off-road. ments of this paragraph (c). (i) An authorization under this para- (5) Certain vehicles prohibited. The off- graph may allow off-road driving on a road operation of a motorcycle, all-ter- beach not otherwise designated for rain vehicle (ATV), or utility vehicle ORV use, only if the beach is not sub- (UTV) is prohibited. ject to a resource closure or is not a (6) Travel trailers prohibited. The tow- lifeguarded beach. ing of a travel trailer (i.e., a trailer with sleeping or bathroom facilities) (ii) An authorization under this para- off-road is prohibited. graph may allow off-road driving be- (7) Special-use permits for off-road driv- ginning at 5 a.m. on days when night- ing, temporary use. Special-use permits driving restrictions are in effect, to set issued under this paragraph are subject or tend haul seine or gill nets, only if to resource, safety, and other closures the permit holder is carrying and able implemented under § 7.58(c)(10), and to present a fish-house receipt from the may only be used in a manner con- previous 30 days. sistent with the terms and conditions (9) ORV routes. The following tables of the permit. The Superintendent may indicate designated ORV routes. The issue a special-use permit for tem- following ramps are designated for off- porary off-road vehicle use to: road use to provide access to ocean (i) Authorize the North Carolina De- beaches: 2, 4, 23, 25, 27, 30, 32, 34, 38, 43, partment of Transportation to use Sea- 44, 48, 49, 55, 59, 63, 67, 68, 70, and 72. shore beaches as a public way, when Designated ORV routes and ramps are necessary, to bypass sections of NC subject to resource, safety, seasonal, Highway 12 that are impassable or and other closures implemented under closed for repairs; § 7.58(c)(10). Soundside ORV access (ii) Allow participants in regularly ramps are described in the table below. scheduled fishing tournaments to drive For a village beach to be open to ORV in an area if driving was allowed in use during the winter season, it must that area for that tournament before be at least 20 meters (66 feet) wide from January 1, 2009; or the toe of the dune seaward to mean (iii) Allow vehicular transport of mo- high tide line. Maps showing des- bility impaired individuals via the ignated routes and ramps are available shortest, most direct distance from the in the Office of the Superintendent and nearest designated ORV route or Sea- on the Seashore Web site.

When is the route open? Where is the route located?

Bodie Island—Designated Routes

Year Round ...... Ramp 2 to 0.2 miles south of ramp 4. September 15–March 14 ...... 0.2 miles south of ramp 4 to the eastern confluence of the Atlantic Ocean and Oregon Inlet.

Hatteras Island—Designated Routes

Year Round ...... 1.5 miles south of ramp 23 to ramp 27. Ramp 30 to approximately 0.3 miles south of ramp 32 The following soundside ORV access routes from NC Highway 12 to Pamlico Sound between the villages of Salvo and Avon: soundside ramps 46, 48, 52, 53, 54. The soundside ORV access at Little Kinnakeet starts just to the west of the Kinnakeet lifesaving structures and continues to the sound. Ramp 38 to 1.5 miles south of ramp 38. The following soundside ORV access routes from NC Highway 12 to Pamlico Sound between the villages of Avon and Buxton: soundside ramps 57, 58, 59, and 60. 0.4 miles north of ramp 43 to Cape Point to 0.3 miles west of ‘‘the hook.’’

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When is the route open? Where is the route located?

Bypass which extends due south from the opening at ramp 44, running continuously behind the dunes until the bypass connects with the beach. Interdunal route (‘‘Inside Road’’) from intersection with Lighthouse Road (i.e. ramp 44) to ramp 49, with one spur route from the interdunal route to ramp 48. Just east of Ramp 48 to east Frisco boundary. A soundside ORV access route from Museum Drive to Pamlico Sound near Coast Guard Sta- tion Hatteras Inlet Pole Road from Museum Drive to Spur Road to Pamlico Sound, with one spur route, commonly known as Cable Crossing, to Pamlico Sound and four spur routes to the ORV route below. Ramp 55 southwest along the ocean beach for 1.6 miles, ending at the intersection with the route commonly known as Bone Road. October 15–April 14 ...... 0.1 mile south of Rodanthe Pier to 1.5 mile south of ramp 23 1.0 mile north of ramp 34 to ramp 38 (Avon) East Frisco boundary to west Frisco boundary (Frisco village beach) East Hatteras boundary to ramp 55 (Hatteras village beach)

Ocracoke Island—Designated Routes

Year Round ...... Ramp 59 to just southwest of ramp 63. Routes from NC Highway 12 to Pamlico Sound located north of the Pony Pens, commonly known as Prong Road, Barrow Pit Road, and Scrag Cedar Road. 1.0 mile northeast of ramp 67 to 0.5 mile northeast of ramp 68 0.4 miles northeast of ramp 70 to Ocracoke inlet. From ramp 72 to a pedestrian trail to Pamlico Sound, commonly known as Shirley’s Lane. October 15–April 14 ...... 0.5 mile northeast of ramp 68 to ramp 68 (Ocracoke Campground area). September 15–March 14 ...... A route 0.6 mile south of ramp 72 from the beach route to a pedestrian trail to Pamlico Sound. A route at the north end of South Point spit from the beach route to Pamlico Sound.

(10) Superintendent’s closures. (i) The any motor vehicle anywhere in the Superintendent will temporarily limit, Seashore, whether in motion or parked, restrict, or terminate access to routes must at all times comply with all or areas designated for off-road use North Carolina traffic laws that would based on one or more of the following apply if the operator were operating criteria: the vehicle on a North Carolina high- (A) Public health and safety; way. (B) Vehicle carrying capacity and (ii) In addition to the requirements of other ORV management consider- Part 4 of this chapter, the following re- ations; strictions apply: (C) Natural and cultural resource (A) A vehicle operator must yield to protection; pedestrians on all designated ORV (D) Applicable species management routes. strategies including buffer distances; (B) When approaching or passing a or pedestrian on the beach, a vehicle oper- (E) Desired future conditions for ator must move to the landward side to threatened, endangered, state-listed, yield the wider portion of the ORV cor- and special status species. ridor to the pedestrian. (ii) The Superintendent will conduct (C) A vehicle operator must slow to 5 periodic reviews of the criteria for and mph when traveling within 30.5 meters results of these closures to assess their (100 feet) or less of pedestrians at any effectiveness. The public will be noti- location on the beach at any time of fied of such closures through one or year. more of the methods listed in § 1.7(a) of (D) An operator may park on a des- this chapter. Violation of any closure ignated ORV route, but no more than is prohibited. one vehicle deep, and only as long as (iii) The Superintendent will remove the parked vehicle does not obstruct or relax closures based on the same cri- two-way traffic. teria used for closure. (E) When driving on a designated (11) Rules for Vehicle Operation. (i) route, an operator must lower the vehi- Notwithstanding the definition of cle’s tire pressure sufficiently to main- ‘‘Public Vehicular Area’’ (PVA) in tain adequate traction within the post- North Carolina law, the operator of ed speed limit.

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(F) The speed limit for off-road driv- night-driving restrictions are listed in ing is 15 mph, unless otherwise posted. the following table: (12) Hours of Operation/Night-Driving Restrictions. (i) Hours of operation and

HOURS OF OPERATION/NIGHT DRIVING RESTRICTIONS

When are the restrictions in place? Where are the restrictions in place?

November 16–April 30 ...... All designated ORV routes are open 24 hours a day. May 1–September 14 ...... Designated ORV routes in sea turtle nesting habitat (ocean intertidal zone, ocean backshore, dunes) are closed at 9:00 p.m. and open no earlier than 6:00 a.m. The Seashore will publish exact opening times on an annual basis. September 15–November 15 ... Designated ORV routes in sea turtle nesting habitat (ocean intertidal zone, ocean backshore, dunes) are closed at 9:00 p.m. and open no earlier than 6:00 a.m., but the Superintendent may open designated ORV routes, or portions of the routes, 24 hours a day if no turtle nests remain. The Seashore will publish exact opening times on an annual basis.

(ii) Maps available in the office of the § 7.59 Grand Portage National Monu- Superintendent and on the Seashore’s ment. Web site will show routes closed due to (a) Snowmobiles. After consideration night-driving restrictions, and routes of existing special situations, i.e. depth or portions of the routes the Super- of snow, and depending on local weath- intendent opens because there are no er conditions, the superintendent may turtle nests remaining. permit the use of snowmobiles on the (13) Vehicle carrying capacity. The following designated routes within the maximum number of vehicles allowed National Monument: on any ORV route, at one time, is the (1) The trail from County Road 73 length of the route (or, if part of the (near the Grand Portage Trading Post) route is closed, the length of the por- which moves across the Grand Portage tion of the route that is open) divided to County Road 17 near the Catholic by 6 meters (20 feet). Church. (14) Violating any of the provisions of (2) The powerline right-of-way road this paragraph, or the terms, condi- from Country Road 73 which moves tions, or requirements of an ORV or across the Grand Portage Trail. other permit authorizing ORV use is (3) The logging road which moves across the Grand Portage Trail in NE prohibited. A violation may also result 1⁄4, SE 1⁄4, Section 32, T64N, R6E. in the suspension or revocation of the (4) Abandoned Highway 61 which applicable permit by the Super- moves across the Grand Portage Trail. intendent. (5) The logging road which moves (15) Information Collection. As re- across the Grand Portage Trail in SE quired by 44 U.S.C. 3501 et seq., OMB has 1⁄4, NW 1⁄4, Section 25, T64N, R5E. approved the information collection re- (b) Fishing. Unless otherwise des- quirements contained in this para- ignated, fishing in a manner authorized graph. The OMB approval number is under applicable State law is allowed. 1024–0026. NPS is collecting this information to provide the Superintendent [47 FR 45005, Oct. 13, 1982, as amended at 49 FR 18451, Apr. 30, 1984] data necessary to issue ORV special- use permits. The information will be § 7.60 Herbert Hoover National His- used to grant a benefit. The obligation toric Site. to respond is required in order to ob- (a) Snowmobiles. After consideration tain the benefit in the form of the ORV of existing special situations, i.e., permit. depth of snow, and depending on local [24 FR 11052, Dec. 30, 1959, as amended at 38 weather conditions, the Super- FR 33081, Nov. 30, 1973; 40 FR 4135, Jan. 28, intendent may permit the use of snow- 1975; 40 FR 56888, Dec. 5, 1975; 48 FR 30295, mobiles on the shoulder of the paved June 30, 1983; 52 FR 10686, Apr. 2, 1987; 77 FR motor road known as Parkside Drive 3142, Jan. 23, 2012; 81 FR 93604, Dec. 21, 2016] between Main Street of West Branch,

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Iowa and Interstate Highway 80, which with all provisions in 36 CFR part 6, ex- is used by motor vehicle traffic during cept it may: other seasons in conformance with (1) Accept solid waste generated State law. within the boundary of the park unit that was not generated by National [47 FR 54933, Dec. 7, 1982] Park Service activities; § 7.61 Fort Caroline National Memo- (2) Be located within one mile of a rial. campground or a residential area; (3) Be visible by the public from sce- (a) Fishing. Fishing is prohibited nic vistas or off-trail areas in des- within the Memorial. ignated wilderness areas; [26 FR 3363, Apr. 20, 1961, as amended at 32 (4) Be detectable by the public by FR 16213, Nov. 28, 1967] sound from a campground; and (5) Be detectable by the public by § 7.62 Lake Chelan National Recre- sight, sound, or odor from a road open ation Area. to public travel. (a) Snowmobiles. After consideration [49 FR 18451, Apr. 30, 1984, as amended at 49 of existing special situations, i.e., FR 19652, May 9, 1984; 54 FR 48869, Nov. 28, depth of snow, and depending on local 1989; 80 FR 74990, Dec. 1, 2015] weather conditions, the superintendent may designate as open to the use of § 7.63 Dinosaur National Monument. snowmobiles the following locations (a) Commercial hauling. Ranchers and within the Lake Chelan National stockmen owning, leasing or renting Recreation Area: private lands, or holding grazing per- (1) All open areas, designated trails mits issued by the Bureau of Land and roadways on public land below the Management on designated grazing al- 1320-foot contour line within the lotments adjacent to the Artesia En- Stehekin Valley, except cross-country trance Road, Blue Mountain Road, and ski trails and within the perimeter of Deerlodge Park Road, are authorized to the Buckner Orchard. Snowmobile use use these roads for trucking or hauling on open public lands or designated ranching and agricultural supplies and trails will be limited to permanent, materials, including livestock, for use year-round residents of the Stehekin in normal ranching and stock growing Valley. operations. (2) That portion of the Stehekin Val- (b) Stock grazing. (1) Privileges for the ley Road normally open to use by grazing of domestic livestock based on motor vehicles from the 1320-foot con- authorized use of certain areas at the tour line to the park boundary. time of approval of the act of Sep- (b) Aircraft. The following are des- tember 8, 1960 (74 Stat. 857, Pub. L. 86– ignated as locations where the oper- 729), shall continue in effect or shall be ation of aircraft is allowed: renewed from time to time, except for (1) The entire water surface of Lake failure to comply with such terms and Chelan. conditions as may be prescribed by the (2) The Stehekin landing field, lo- Superintendent in these regulations cated at approximate latitude 48°21′ N, and after reasonable notice of default approximate longitude 120°43′ W. and subject to the following provisions (c) Weapons. The following location is of tenure: designated for target practice between (i) Grazing privileges appurtenant to the hours of sunrise and sunset, subject privately owned lands located within to all applicable Federal, State, and the Monument shall not be withdrawn local laws: in the SE 1⁄4 of sec. 8, T. 33 until title to the lands to which such N., R. 17 E., WM, approximately 100 privileges are appurtenant shall have yards east of mile point 7 on the vested in the United States except for Stehekin Valley Road, a converted bor- failure to comply with the regulations row pit. applicable thereto after reasonable no- (d) Solid waste disposal. A solid waste tice of default. transfer station located near Stehekin (ii) Grazing privileges appurtenant to within the boundary of Lake Chelan privately owned lands located outside National Recreation Area must comply the Monument shall not be withdrawn

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

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gather his livestock at a designated erty of the United States without com- time and place for the purpose of pensation therefor. counting the same. (viii) The permittee shall utilize the (iii) Stock will be allowed to graze lands covered by the permit in a man- only on the allotment designated in ner approved and directed by the Su- the permit. perintendent which will prevent soil (iv) The permittee shall file with the erosion thereon and on lands adjoining Superintendent a copy of his stock same. brand or other mark. (ix) The right is reserved to adjust (v) The permittee shall, upon notice the fees specified in the permit at any from the Superintendent that the al- time to conform with the fees approved lotment designated in the permit is not for the Bureau of Land Management, ready to be grazed at the beginning of and the permittee shall be furnished a the designated grazing season, place no notice of any change of fees. livestock on the allotment for such a (x) All livestock are considered as period as may be determined by the Su- mature animals at 6 months of age and perintendent as necessary to avoid are so counted in determining animal damage to the range. All, or a portion unit months and numbers of animals. of the livestock shall be removed from (xi) The Superintendent may pre- the area before the expiration of the scribe additional terms and conditions 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 would be detrimental to the range. The grounds for termination, suspension, or number of stock and the grazing period reduction of grazing privileges. may be adjusted by the Superintendent (10) Appeals from the decision of the at any time when such action is Superintendent to the Regional Direc- deemed necessary for the protection of tor, and from the Regional Director to the range. the Director shall be made in accord- (vi) No permit shall be issued or re- ance with National Park Service Order newed until payment of all fees and No. 14, as amended (19 FR 8824) and Re- other amounts due the National Park gional Director, Order No. 3, as amend- Service has been made. Fees for per- ed (21 FR 1494). mits are due the National Park Service (11) Nothing in these regulations and must be paid at least 15 days in ad- shall be construed as to prevent the en- vance of the grazing period. No permit forcement of the provisions of the Gen- shall be effective to authorize grazing eral Rules and Regulations and the use thereunder until all fees and other Special Rules and Regulations of the amounts due the National Park Service National Park Service or of any other have been paid. A pro rata adjustment provisions of said rules and regulations of fees will be made in the event of re- applicable to stock grazing. duction of grazing privileges granted in (c) Snowmobiles. (1) Designated routes the permit, except that not more than which will be open to smowmobile use 50 percent of the total annual grazing are approximately 20 miles of the Harp- fee will be refunded in the event re- ers Corner Road in Colorado and ap- duced grazing benefits are taken at the proximately 2 miles of the Cub Creek election of the permittee after his Road in Utah. The Harpers Corner stock are on the range. Road section extends from the Plug (vii) No building or other structure Hat Overlook to the Echo Park Road shall be erected nor shall physical im- Turnoff. The Cub Creek Road section provements of any kind be established extends from the Chew Ranch Road, 1 under the permit except upon plans and mile north of the Green River Bridge, specifications approved by the Na- to the point where the Cub Creek Road tional Park Service. Any such facili- leaves the southern boundary of the ties, structures, or buildings may be re- monument. moved or disposed of to a successor (2) On roads designated for snow- permittee within three months fol- mobile use, only that portion of the lowing the termination of the permit; road or parking area intended for other otherwise they shall become the prop- motor vehicle use may be used by

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snowmobiles. Such roadway is avail- blind unless the hunter is attempting able for snowmobile use only when to retrieve downed or crippled fowl. there is sufficient snow cover and when (5) Waterfowl hunting blinds in pub- these roads are closed to all other lic hunting areas shall be operated motor vehicle use by the public. within two plans: (3) Snowmobile use outside des- (i) First-come, first-served. ignated routes is prohibited. The super- (ii) Advance written reservation. intendent shall determine the opening and closing dates for use of the des- The superintendent shall determine the ignated snowmobile routes each year. number and location of first-come, first-served and/or advance reservation [27 FR 2150, Mar. 16, 1962, as amended at 27 blinds. FR 3659, Apr. 18, 1962; 34 FR 7330, May 6, 1969; (6) In order to retain occupancy 49 FR 34481, Aug. 31, 1984; 60 FR 55791, Nov. 3, 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 decoys or equipment for the purpose of (a) Alcoholic beverages. The possession holding occupancy is prohibited. or drinking of alcoholic beverages in 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 vehicles or repairing or performing any time. The blind shall be left in a clean mechanical work upon motor vehicles, and sanitary condition. except in emergencies, in any public (8) Hunters using Service-owned place is prohibited. shore blinds shall enter and leave the (c) Definition. As used in paragraphs public hunting area via designated (a) and (b) of this section, the term routes from the island. ‘‘public place’’ shall mean any place, (9) Prior to entering and after leaving building, road, picnic area, parking a public hunting blind, all hunters space, or other portion of Petersburg shall check in at the registration box National Battlefield to which the pub- located on the trail to the blind he is lic has access. or has been using. (10) Parties in blinds are limited to [41 FR 40107, Sept. 17, 1976] two hunters and two guns unless other- § 7.65 Assateague Island National Sea- wise posted at the registration box for shore. the blinds. (a) Hunting. (1) Hunting, except with (11) The hunting of upland game shall a shotgun, bow and arrow, or by fal- not be conducted within 300 yards of conry is prohibited. Hunting with a any waterfowl hunting blind during shotgun, bow and arrow, or by means of waterfowl season. falconry is permitted in accordance (12) Hunting on seashore lands and with State law and Federal regulations waters, except as designated pursuant in designated hunting areas. to § 1.5 and § 1.7, is prohibited. (2) Hunting, or taking of a raptor for (b) Operation of oversand vehicles—(1) any purpose is prohibited except as Definitions. In addition to the defini- provided for by permit in § 2.5 of this tions found in § 1.4 of this chapter, the chapter. following terms or phrases, when used (3) A hunter shall not enter upon in this section, have the meanings Service-owned lands where a previous hereinafter respectively ascribed to owner has retained use for hunting pur- them. poses, without written permission of (i) Oversand vehicle. Any motorized such previous owner. vehicle which is capable of traveling (4) Waterfowl shall be hunted only over sand including—but not limited from numbered Service-owned blinds to—over-the-road vehicles such as except in areas with retained hunting beachbuggies, four-wheel-drive vehi- rights; and no firearm shall be dis- cles, pickup trucks, and standard auto- charged at waterfowl from outside of a mobiles.

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(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 (i) The Superintendent is authorized section and in applicable sections of to establish a system of special recre- parts 2 and 4 of this chapter, travel by ation permits for oversand vehicles and oversand vehicles is permitted south of to establish special recreation permit Assateague State Park, daily through- fees for these permits, consistent with out the year at any time, on a des- the conditions and criteria of 36 CFR ignated oversand route bayward of the part 71. primary dune and on designated por- (ii) No permit will be issued for a ve- tions of a beach seaward of the primary hicle: dune. (A) Which is not equipped to travel (ii) Travel by motorcycles is per- over sand and which does not contain mitted only on public highways and the following equipment to be carried parking areas within the park area. at all times when traveling on a beach (iii)(A) Travel by self-contained vehi- or designated oversand route in the cles is permitted under paragraph park: shovel, jack, tow rope or chain, (b)(3)(i) of this section provided that no board or similar support for the jack, overnight parking is allowed on a and low pressure tire gauge; beach seaward of the primary dunes at (B) Which does not conform to appli- any time. cable State laws having to do with li- (B) South of Assateague State Park censing, registering, inspecting, and in- such vehicles may use designated self- suring of such vehicles; contained areas bayward of the pri- (C) Which fails to comply with provi- mary dunes for overnight parking. Ex- sions of § 4.10; and cept, That towed travel trailers may (D) Which does not meet the fol- travel no farther south than the north- lowing standards: On four-wheel-drive ern limits of the Big Fox Levels. vehicles and trailers towed by any ve- (iv) Travel by oversand vehicles, hicle: other than authorized emergency vehicles, is prohibited on the following por- Per unit tions of the park area subject, however, Maximum vehicle length ...... 26 ft. to existing rights of ingress and egress. Maximum vehicle width ...... 8 ft. (A) Between the Assateague State Minimum vehicle ground clearance ...... 7 in. Park and the Ocean City Inlet. Gross vehicle weight rating may not exceed ...... 10,000 lb. Maximum number of axles ...... 2 (B) On the beach seaward of the pri- Maximum number of wheels (per axle) ...... mary dune within designated portions of the North Beach public use complex. On two-wheel-drive vehicles, in addi- (C) Provided, however, That the Su- tion to the six items listed imme- perintendent may establish times when

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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. self-contained vehicles in the off-road (2) The Superintendent may tempo- portion of the park area may not be rarily limit, restrict or terminate ac- parked on a beach seaward of the pri- cess to the areas designated for PWC mary dunes. use after taking into consideration (iii) Upon approaching or passing public health and safety, natural and within 100 feet of a person on foot, the cultural resource protection, and other operator of an oversand vehicle shall management activities and objectives. reduce speed to 15 miles per hour. [35 FR 45, Jan. 3, 1970, as amended at 39 FR Speed at other times on any designated 31633, Aug. 30, 1974; 41 FR 15008, Apr. 9, 1976; oversand route shall not exceed 25 48 FR 30295, June 30, 1983; 52 FR 10686, Apr. 2, miles per hour. 1986; 68 FR 32375, May 30, 2003] (iv) When two vehicles approach from § 7.66 North Cascades National Park. opposite directions in the same track, both operators shall reduce speed; and (a) Bait for fishing. The use of nonpre- the operator with the ocean on his served fish eggs is permitted. right shall pull out of the track to (b) Snowmobiles. After consideration allow the other vehicle to pass. of existing special situations, i.e., (v) Passengers shall not ride on the depth of snow, and depending on local fenders, hood, roof, or tailgate, or in weather conditions, the superintendent any other position outside of a moving may designate as open to the use of oversand vehicle; and such vehicles snowmobiles the following locations shall not be used to tow a person on within the National Park: any recreational device over the sand (1) The Cascade River Road between or in the air or water of the park area. the park boundary and the Cascade (vi) During an emergency, the Super- Pass Trailhead parking area. intendent may close the park; or he (2) The Stehekin Valley Road be- may suspend for such period as he shall tween the park boundary and Cotton- deem advisable any or all of the fore- wood Camp. going regulations in the interest of [34 FR 11545, July 12, 1969, as amended at 49 public safety; and he may announce FR 19652, May 9, 1984] such closure or suspension by whatever means are available. § 7.67 Cape Cod National Seashore. (c) Personal Watercraft. (1) Personal (a) Off-road operation of motor vehi- Watercraft (PWC) are allowed in cles. Assateague Island National Seashore (1) What do I need to do to operate a ve- within the following locations and hicle off road? To operate a vehicle off under the following conditions: road at Cape Cod National Seashore,

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you must meet the requirements in (iii) Are a commercial operator (see paragraphs (b) through (e) of this sec- paragraph (a)(9) of this section for de- tion. You also must obtain a special tails). permit if you: (2) Where and when can I operate my (i) Will use an oversand vehicle (see vehicle off road? You may operate a ve- paragraphs (a)(6) and (a)(7) of this sec- hicle off road only under the conditions tion for details); specified in the following table. How- (ii) Will use an oversand vehicle to ever, the Superintendent may close any access or oversand route at any camp (see paragraph (a)(8) of this sec- time for weather, impassable condition for details); or tions due to changing beach conditions, 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- surface configuration prevent vehicle ignated route? Boat trailering and travel within the designated corridor. launching by a permitted vehicle from (iv) When two vehicles meet on the a designated open route corridor is per- beach, the operator of the vehicle with mitted. the water on the left must yield, except (4) What travel restrictions and special that self-contained vehicles always rules must I obey? You must comply have the right of way. with all applicable provisions of this (v) When two vehicles meet on a sin- chapter, including part 4, as well as the gle-lane oversand route, the operator of specific provisions of this section. the vehicle in the best position to yield (i) On the beach, you must drive in a must pull out of the track only so far corridor extending from a point 10 feet as necessary to allow the other vehicle to pass safely, and then must back into seaward of the spring high tide drift the established track before resuming line to the berm crest. You may drive the original direction of travel. below the berm crest only to pass a (vi) If you make a rut or hole while temporary cut in the beach, and you freeing a stuck vehicle, you must fill must regain the crest immediately fol- the rut or hole before you remove the lowing the cut. Delineator posts mark vehicle from the immediate area. the landward side of the corridor in (5) What activities are prohibited? The critical areas. following are prohibited: (ii) On an inland oversand route, you (i) Driving off a designated oversand must drive only in a lane designated by route. pairs of delineator posts showing the (ii) Exceeding a speed of 15 miles per sides of the route. hour unless posted otherwise. (iii) An oversand route is closed at (iii) Parking a vehicle in an oversand any time that tides, nesting birds, or route so as to obstruct traffic.

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(iv) Riding on a fender, tailgate, roof, (iii) The Superintendent will affix door or any other location on the out- the permit to your vehicle at the time side of a vehicle. of issuance. (v) Driving a vehicle across a des- (iv) You must not transfer your ignated swimming beach at any time oversand permit from one vehicle to when it is posted with a sign prohib- another. iting vehicles. (8) What requirements must I meet to (vi) Operating a motorcycle on an operate an oversand vehicle in the off sea- oversand route. son? To operate an oversand vehicle be- (6) What special equipment must I have tween November 16 and April 14, you in my vehicle? You must have in your must obtain from the Superintendent vehicle all the equipment required by an oversand permit and a limited ac- the Superintendent, including: cess pass. We will issue you a limited (i) Shovel; access pass if you have a valid oversand (ii) Tow rope, chain, cable or other permit (see paragraph (a)(7) of this sec- similar towing device; tion) and if you have viewed an edu- (iii) Jack; cational program that outlines the spe- (iv) Jack support board; cial aspects of off season oversand use. (v) Low air pressure tire gauge; and (i) You may operate a vehicle during (vi) Five tires that meet or exceed es- the off-season only on the portion of tablished standards. the beach between High Head and (7) What requirements must I meet to Hatches Harbor. operate an oversand vehicle? You may (ii) You must not operate a vehicle operate an oversand vehicle only if you during the off-season within two hours first obtain an oversand permit from either side of high tide. the Superintendent. The Super- (iii) We may issue a limited access intendent administers the permit sys- pass for the following purposes: tem for oversand vehicles and charges (A) Access to town shellfish beds at fees that are designed to recover NPS Hatches Harbor; administrative costs. (B) Recovery of personal property, (i) The oversand permit is a Special flotsam and jetsam from the beach; Use Permit issued under the authority (C) Caretaker functions at a dune of 36 CFR 1.6 and 4.10. You must pro- cottage; or vide the following information for each (D) Fishing. vehicle for which you request a permit: (9) What requirements must I meet to (A) Name and address of registered use an oversand vehicle for camping? You owner; may use an oversand vehicle to camp (B) Driver’s license number and State on the beach only in the manner au- of issue; thorized in this section or as author- (C) Vehicle license plate number and ized by the Superintendent through an- State of issue; and other approved permitting process. (D) Vehicle description, including (i) You must possess a valid permit year, make, model and color; make, issued under paragraph (a)(7) of this model and size of tires. section. (ii) Before we issue a permit, you (ii) You may camp only in a self-con- must: tained vehicle that you park in a des- (A) Demonstrate that your vehicle is ignated area. A self-contained vehicle equipped as required in paragraph (a)(6) has a self-contained water or chemical of this section; toilet and a permanently installed (B) Provide evidence that you have holding tank with a minimum capacity complied with all Federal and State li- of 3 days waste material. There are two censing registering, inspecting and in- designated areas with a maximum surance regulations; and combined capacity of 100 vehicles. (C) View an oversand vehicle oper- (A) You must drive the self-contained ation educational program and ensure vehicle off the beach to empty holding that all other potential operators view tanks at a dumping station at intervals the same program. of no more than 72 hours.

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(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 obtain a permit from the Super- tion of the permit. intendent. The Superintendent issues (13) Has OMB approved the collection the permit under the authority of 36 of information in this section? As re- CFR 1.6, 4.10 and 5.6. quired by 44 U.S.C. 3501 et seq., the Of- (ii) You must obey all applicable reg- fice of Management and Budget has ap- ulations in this section and all applica- proved the information collection re- ble Federal, State and local regula- quirement contained in this section. tions concerning vehicles for hire. The OMB approval number is 1024–0026. (iii) You must provide the following We are collecting this information to information for each vehicle that will allow the Superintendent to issue off- use a designated oversand route: road vehicle permits. You must provide (A) Name and address of tour com- the information in order to obtain a pany and name of company owner; permit. (B) Make and model of vehicle; (b) Aircraft. (1) Land based aircraft (C) Vehicle license plate number and may be landed only at the State of issue; and Provincetown Airport approximately (D) Number of passenger seats. one-half mile south of Race Point (11) How will the Superintendent man- Beach in the Provincelands area. age the off-road vehicle program? (i) The (2) Float equipped aircraft may be Superintendent will issue no more than landed only on federally controlled a combined total of 3400 oversand per- coastal water in accordance with Fed- mits annually, including self-contained eral, State, and local laws and regula- permits. tions. (ii) The Superintendent will monitor (c) Motorboats. Motorboats are pro- the use and condition of the oversand hibited from all federally owned ponds routes to review the effects of vehicles and lakes within the seashore in Truro on natural, cultural, and aesthetic re- and Provincetown. sources in designated corridors. If the Superintendent finds that resource (d) Shellfishing. Shellfishing, by per- degradation or visitor impact is occur- mit from the appropriate town, is per- ring, he/she may amend, rescind, limit mitted in accordance with applicable the use of, or close designated routes. Federal, State, and local laws. The Superintendent will do this con- (e) Public nudity. Public nudity, in- sistent with 36 CFR 1.5 and 1.7 and all cluding public nude bathing, by any applicable Executive Orders; person on Federal land or water within (iii) The Superintendent will consult the boundaries of Cape Cod National with the Cape Cod National Seashore Seashore is prohibited. Public nudity is Advisory Commission regarding man- a person’s intentional failure to cover agement of the off-road vehicle pro- with a fully opaque covering that per- gram. son’s own genitals, pubic areas, rectal (iv) The Superintendent will recog- area, or female breast below a point nize and use volunteers to provide edu- immediately above the top of the are- cation, inventorying, monitoring, field ola when in a public place. Public place support, and other activities involving is any area of Federal land or water

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within the Seashore, except the en- cave will be issued within limitations closed portions of bathhouses, rest- of safety provided the applicant satis- rooms, public showers, or other public fies the Superintendent that he has structures designed for similar pur- proper equipment for cave exploration, poses or private structures permitted such as lighting equipment, protective within the Seashore, such as trailers or headwear, and appropriate shoes or tents. This regulation shall not apply boots. Other reasonable administrative to a person under 10 years of age. requirements may be imposed by the (f) Hunting. (1) Hunting is allowed at Superintendent provided reasonable times and locations designated by the notice of these requirements is given to Superintendent as open to hunting. the applicant. (2) Except as otherwise provided in (3) Solo Exploration. Solo exploration this section, hunting is permitted in is not permitted in the caves other accordance with § 2.2 of this chapter. than in the public archeological ex- (3) Only deer, upland game (including hibit areas. Eastern Wild Turkey), and migratory [35 FR 7557, May 15, 1970] waterfowl may be hunted. (4) Hunting is prohibited from March § 7.69 Ross Lake National Recreation 1st through August 31st each year, ex- Area. cept for the taking of Eastern Wild (a) Snowmobiles. After consideration Turkey as designated by the Super- of existing special situations, i.e., intendent. depth of snow, and depending on local (5) The Superintendent may: weather conditions, and subject to any (i) Require permits and establish con- and all restrictions or prohibitions fur- ditions for hunting; and ther imposed by the State of Wash- (ii) Limit, restrict, or terminate ington on Highway 20, the super- hunting access or activities after tak- intendent may designate as open to the ing into consideration public health use of snowmobiles the following loca- and safety, natural and cultural re- tions within the Ross Lake National source protection, and other manage- Recreation Area: ment activities and objectives. (1) State Highway 20, that portion (6) The public will be notified of such normally closed to motor vehicles dur- limitations, restrictions, closures, or ing the winter season. other hunting related designations (2) The Hozomeen entrance road from through one or more methods listed in the U.S./Canadian border to the end of § 1.7(a) of this chapter. the road at East Landing. (7) Violating a closure, designation, (3) Access and circulatory roads in use or activity restriction or a term or the Hozomeen developed area normally condition of a permit is prohibited. open to public motor vehicle use. Violating a term or condition of a per- (4) The Thornton Lake Road from mit may result in the suspension or State Highway 20 to Thornton Lake revocation of the permit by the Super- Trailhead parking area. intendent. (5) The Damnation Creek Road from [35 FR 8446, May 29, 1970, as amended at 40 its junction with the Thornton Lake 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; 77 FR (6) The Newhalem Creek Road from 9855, Feb. 21, 2012] State Highway 20 to its junction with the down-river road on the south side § 7.68 Russell Cave National Monu- of the Skagit River. ment. (7) The down-river road on the south (a) Caves—(1) Closed Areas. Entering, side of the Skagit River from its junc- exploring, or remaining within any tion with the Newhalem Creek Road to cave area other than the public archeo- the end of the road across the Skagit logical exhibit without prior written River from the mouth of Sky Creek. permission of the Superintendent is (b) Aircraft. The operation of aircraft prohibited. is allowed on the entire water surface (2) Permits. Permits for entry into of Diablo Lake and Ross Lake, except other than public exhibit areas of the that operating an aircraft under power

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on water surface areas within 1,000 feet travel or having a total horsepower in of Diablo Dam or Ross Dam or on those excess of 55 without a permit from the posted as closed for fish spawning is Superintendent. prohibited. (2) U.S. Coast Guard approved life (c) Weapons. The following location is preservers shall be worn by every per- designated for target practice between son while traveling in boats or rafts on the hours of sunrise and sunset, subject this section of the river, or while lining to all applicable Federal, State, and or portaging near rough water. One local laws: in the SE 1⁄4 of sec. 19, and extra preserver must be carried on each the NE 1⁄4 of sec. 30, T. 37 N., R. 12 E., vessel for each ten (10) passengers. WM, approximately 200 yards north- (3) No person shall conduct, lead or west of State Route 20 near mile mark- guide a river trip through Glen Canyon er 119, the area known as the Recreation Area unless such person Newhalem rifle range. possesses a permit issued by the Super- [49 FR 19652, May 9, 1984, as amended at 50 intendent of Grand Canyon National FR 51856, Dec. 20, 1985; 54 FR 48869, Nov. 28, Park. The National Park Service re- 1989] serves the right to limit the number of such permits issued, or the number of § 7.70 Glen Canyon National Recre- persons traveling on trips authorized ation Area. by such permits when in the opinion of (a) Designated airstrips. (1) Wahweap, the National Park Service such limita- latitude 36°59′45″ N., longitude 111°30′45″ tions are necessary in the interest of W. public safety or protection of the eco- (2) Bullfrog, latitude 37°33′00″ N., lon- logical and environmental values of ° ′ ″ gitude 110 42 45 W. the area. (3) Halls Crossing, latitude 37°28′10″ ° ′ ″ (i) The Superintendent of Grand Can- N., longitude 110 42 00 W. yon National Park shall issue a permit (4) Hite, latitude 37°53′30″ N., lon- upon a determination that the person gitude 110°23′00″ W. leading, guiding, or conducting a river (5) Gordon Flats, latitude 38°10′30″ N., trip is experienced in running rivers in longitude 110°09′00″ W. white-water navigation of similar dif- (6) The entire surface of Lake Powell, ficulty, and possesses appropriate subject to the restrictions contained in equipment, which is identified in the § 2.17 of this chapter. terms and conditions of the permit. (b) Unattended property. Vehicles or boat trailers, or vehicle/boat trailer (ii) No person shall conduct, lead, combinations, may be left unattended guide, or outfit a commercial river trip for periods of up to 14 days, when without first securing the above permit parked in parking areas adjacent to and possessing an additional permit au- designated boat launching sites, with- thorizing the conduct of a commercial out the prior permission of the Super- or business activity in the recreation intendent. Any vehicle or boat trailer area. or vehicle/boat trailer combination (iii) An operation is commercial if which is left in parking areas adjacent any fee, charge, or other compensation to designated boat launching sites for is collected for conducting, leading, over 14 days may be impounded by the guiding, or outfitting a river trip. A Superintendent. river trip is not commercial if there is (c) Colorado River white-water boat a bona fide sharing of actual expenses. trips. The following regulations shall (4) All human waste will be taken out apply to all persons using the waters of the Canyon and deposited in estab- of, or Federally owned land adminis- lished receptacles, or will be disposed tered by the National Park Service of by such means as is determined by along the Colorado River within Glen the Superintendent. Canyon National Recreation Area, (5) No person shall take a dog, cat, or from the Lees Ferry launch ramp other pet on a river trip. downstream to the eastern boundary of (6) The kindling of a fire is permitted Grand Canyon National Park: only on beaches. All fires must be com- (1) No person shall operate a vessel pletely extinguished only with water engaging in predominantly upstream before abandoning the area.

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(7) Swimming and bathing are per- (4) The Superintendent may tempo- mitted except in locations immediately rarily limit, restrict or terminate ac- above rapids, eddies, and riffles or near cess to the areas designated for PWC rough water. use after taking into consideration (8) No camping is allowed along the public health and safety, natural and Colorado River bank between the Lees cultural resource protection, and other Ferry launch ramp and the Navajo management activities and objectives. Bridge. [32 FR 5424, Mar. 31, 1967, as amended at 33 (9) All persons issued a river trip per- FR 11358, Aug. 9, 1968; 34 FR 2206, Feb. 14, mit shall comply with all terms and 1969; 34 FR 11302, July 8, 1969; 36 FR 23294, conditions of the permit. Dec. 8, 1971; 40 FR 27030, June 26, 1975; 41 FR (d) Assembly and launching of river 27723, July 6, 1976; 42 FR 25857, May 20, 1977; rafts and boats. The following regula- 48 FR 30295, June 30, 1983; 68 FR 55465, Sept. tions shall apply to all persons des- 26, 2003; 72 FR 13706, Mar. 23, 2007] ignated under paragraph (e) of this section (Colorado white-water trips): § 7.71 Delaware Water Gap National (1) The assembly and launching of Recreation Area. rafts or boats, and parking or storing (a) Powerless flight. The use of devices of any related equipment or supplies is designed to carry persons through the restricted to those areas designated by air in powerless flight is allowed at the Superintendent. times and locations designated by the (2) Within such designated areas, the superintendent, pursuant to the terms Superintendent may assign or limit and conditions of a permit. space and designate time periods of op- (b) Designated snowmobile routes. (1) A eration for each individual river trip or route in Middle Smithfield Township, operator. Monroe County, Pennsylvania, bounded (e) PWC. (1) A person may launch and by the Delaware River on the east and operate a PWC in park waters or beach Hidden Lake on the west. The route be- a PWC on park lands, except in the fol- gins at the Smithfield Beach parking lowing areas: area and is in two loops. Loop One is a (i) On the Colorado River between small trail approximately 3 miles long Glen Canyon Dam and the downstream and follows the west bank of the Dela- river boundary of Glen Canyon Na- ware River and closely parallels the tional Recreation Area where it adjoins east side of L. R. 45012 (commonly Grand Canyon National Park. known as the River Road). Loop Two is (ii) On the Colorado River upstream approximately 6 miles long and begins of Sheep Canyon. at the northwest end of Loop One; it (iii) On the San Juan River upstream goes northeasterly between the Dela- of Clay Hills pullout. ware River and River Road for about (iv) On the Escalante River upstream one mile until it crosses River Road; of Coyote Creek. then southwesterly along the ridge (v) On the Dirty Devil River up- which is south of Hidden Lake to a stream of Utah Highway 95 bridge. point opposite the west end of Hidden (2) A person may not operate a PWC Lake, and then goes southeasterly at speed in excess of flat wake speed on until it returns to Loop One near River the Escalante River from Cow Canyon Road. Maps of the route are available to Coyote Creek. at Smithfield Beach and at the office of (3) After December 31, 2012, no one the superintendent. Both loops are may operate a PWC that does not meet marked by appropriate signs. the 2006 emission standards set by EPA (2) [Reserved] for the manufacturing of two-stroke (c) Commercial vehicles. Notwith- engines. A person operating a PWC standing the prohibition of commercial that meets the EPA 2006 emission vehicles set forth in § 5.6 of this chap- standards through the use of direct inter, commercial vehicles are author- jection two-stroke or four-stroke en- ized to use the portions of U.S. High- gines, or the equivalent thereof, is not way 209 located within the Delaware subject to this prohibition and will be Water Gap National Recreation Area in allowed to operate as described in this accordance with applicable law. The section. Superintendent will provide notice to

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the public about rules related to com- cast or dragged or placed, so as to mercial vehicles, including the require- strike or otherwise cause damage to ments of a fee and permit program, any underwater features. using the methods set forth in § 1.7 of (2) Anchoring or maneuvering this chapter. watercraft within the waters that con- (d) Fishing. Unless otherwise des- tain underwater marked swimming ignated, fishing in any manner author- trails and interpretive signs is prohib- ized under applicable State law is al- ited. lowed. (3) Anchoring is prohibited except by [34 FR 13595, Aug. 23, 1969, as amended at 47 permit issued by the Superintendent FR 4256, Jan. 29, 1982; 48 FR 30295, June 30, for deep sand bottom areas or for ad- 1983; 48 FR 46780, 46782, Oct. 14, 1983; 49 FR ministrative purposes. 9421, Mar. 13, 1984; 49 FR 18451, Apr. 30, 1984; (4) Anchoring will be allowed in 50 FR 34130, Aug. 23, 1985; 51 FR 40419, Nov. 7, emergency situations only to protect 1986; 52 FR 34777, Sept. 15, 1987; 69 FR 57181, life and property. Sept. 24, 2004; 84 FR 29083, June 21, 2019] (5) All watercraft, carrying pas- § 7.72 Arkansas Post National Memo- sengers, for hire, shall comply with ap- rial. plicable regulations and laws of the U.S. Coast Guard and Territory of the (a) Launching, beaching, or landing of Virgin Islands. vessels. Except in emergencies, no vessel shall be launched, beached, or land- (e) Fishing. (1) All forms of fishing are ed from or on lands within the Arkan- prohibited including, but not limited sas Post National Memorial. to, spearfishing, rod and reel, hand- line, nets, gill or trammel, traps or [35 FR 13206, Aug. 19, 1970] pots, snares, hooks, poison, cast nets, trawl, seine, and long-line. § 7.73 Buck Island Reef National (2) The use or possession of any type Monument. of fishing equipment or any of the (a) Extractive uses. All extractive uses items listed in paragraph (a) of this are prohibited within the boundaries of section is prohibited within the bound- the Monument, including but not lim- aries of the Monument. ited to harvest or collection (on the land or in the water) of fish for any [29 FR 17091, Dec. 15, 1964, as amended at 48 use, marine mammals, coastal migra- FR 30295, June 30, 1983; 68 FR 16435, Apr. 4, tory pelagic fish, baitfish, lobsters, 2003] conch, whelk, hermit crabs (soldier § 7.74 Virgin Islands National Park. crabs), seashells, corals, dead coral, sea fans, sponges and all associated reef in- (a) [Reserved] vertebrates, plants, fruits and seeds, (b) Marine operations. No dredging, firewood, driftwood, rocks, sand, gas, excavating or filling operations of any oil, and minerals. kind are permitted, and no equipment, (b) Marine operations. No dredging, structures, byproducts or excavated excavating or filling operations of any materials associated with such oper- kind are permitted, and no equipment, ations may be deposited in or on the structures, byproducts or excavated waters or ashore within the boundaries materials associated with such oper- of the Park. ations may be deposited in or on the (c) Wrecks. No person shall destroy, waters or ashore within the boundaries molest, remove, deface, displace or of the Monument. tamper with wrecked or abandoned wa- (c) Wrecks. No person shall destroy terborne craft of any type or condition, molest, remove, deface, displace or or any cargo pertaining thereto unless 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.

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(2) Anchoring or maneuvering Bay and in other waters containing un- watercraft within the waters that con- derwater signs and markers. tain underwater marked swimming [29 FR 17091, Dec. 15, 1964, as amended at 48 trails and interpretive signs is prohib- FR 30296, June 30, 1983] ited. (3) Vessels desiring to enter Trunk § 7.75 Padre Island National Seashore. Bay must enter and depart between the (a) Off-road motor vehicle and motor- two outer buoys delineating the pre- cycle operation. (1) The following regu- scribed anchorage area, and shall an- lations pertain to the operation of chor within described area, and no motor vehicles and motorcycles off es- other, making sure the vessel will lie tablished roads and parking areas. The within this area regardless of wind or operation of such vehicles and motor- sea conditions: Except, that hand-pro- cycles is subject also to the applicable pelled craft may be used to transport provisions of part 4 of this chapter and passengers and equipment between the paragraphs (e) and (g) of this section. anchorage area and the beach. (i) No person may operate a motor (4) All vessels carrying passengers for vehicle or motorcycle without a valid operator’s license or learner’s permit hire shall comply with applicable laws in his possession; an operator who has and regulations of the United States a learner’s permit must be accom- Coast Guard and Territory of the Vir- panied by an adult who has a valid op- gin Islands. erator’s license; a driver’s license or (e) Fishing. (1) Taking of fishes or any learner’s permit must be displayed other marine life in any way except upon the request of any authorized per- with rod or line, the rod or line being son. held in the hand, is prohibited: Pro- (ii) In addition to the requirements of vided, That fish may be taken by pots § 4.10 of this chapter, every motor vehi- or traps of conventional Virgin Islands cle and motorcycle must have an oper- design and not larger than five feet at able horn, windshield wiper or wipers the greatest dimension, and bait fish (except motorcycles), brake light or may be taken by nets of no greater lights, and rearview mirror. overall length than 20 feet and of mesh (iii) Motor vehicles and motorcycles not larger than 1 inch stretched: Pro- must have valid license plates. vided further, That paragraphs (e) (3), (iv) Every motor vehicle and motor- (4), and (5) of this section shall apply. cycle must have a valid State vehicle (2) The use or possession of any type inspection certificate when such cer- of spearfishing equipment within the tificate is required for highway use in boundaries of the park is prohibited. the State in which the vehicle is li- (3) The species of crustaceans known censed. as Florida Spiny Lobster (Panulirus (v) When two motor vehicles or motorcycles 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: (ii) The route west of Big Shell Provided, That paragraph (e)(5) of this Beach, locally known as the Back section shall apply. Road. This route begins on the beach (5) All known means of taking fish, adjacent to the Gulf of Mexico approxi- crustaceans, mollusks, turtles, or other mately three miles south of Yar- marine life are prohibited in Trunk borough Pass and returns to the beach

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

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

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County line at Manning Road to Coun- (v) Access to non-NPS property by ty Road 651 at Good Harbor Beach, is owners, and to NPS properties by ‘‘use designated as a route for bicycle use. and occupancy’’ lessees and their (2) The Superintendent may open or guests. close designated routes, or portions (3) Snowmobiles may be used for ad- thereof, or impose conditions or re- ministrative, law enforcement, and strictions for bicycle use after taking emergency services as determined by into consideration public health and the Superintendent. safety, natural and cultural resource (4) Snowmobile use in areas and for protection, and other management ac- purposes other than those stated in tivities and objectives. (i) The Super- paragraphs (b)(1) and (b)(2) of this sec- intendent will provide public notice of tion is prohibited. all such actions through one or more of (5) Maps showing designated use the methods listed in § 1.7 of this chap- areas are available at park head- ter. quarters. (ii) Violating a closure, condition, or (c) Off-road vehicles. (1) Off-road restriction is prohibited. motor vehicles may be operated for au- [49 FR 18451, Apr. 30, 1984, as amended at 78 thorized purposes in the following des- FR 11984, Feb. 21, 2013] ignated areas within the Lakeshore: (i) The frozen surface of Lake Supe- § 7.81 Point Reyes National Seashore. rior that surrounds every island from the shoreline out to the authorized (a) Powerless flight. The use of devices designed to carry persons through the boundary; and air in powerless flight is allowed at (ii) The frozen surface of Lake Supe- times and locations designated by the rior from Sand Point to the mainland superintendent, pursuant to the terms unit’s eastern boundary. and conditions of a permit. (2) Off-road motor vehicle use is authorized solely for the purpose of pro- [49 FR 18451, Apr. 30, 1984] viding access for legal forms of: (i) Ice fishing; § 7.82 Apostle Islands National Lake- (ii) Hunting and trapping; shore. (iii) Winter camping; (a) Fishing. Unless otherwise des- (iv) Other non-motorized recreational ignated, fishing in a manner authorized activities; and under applicable State law is allowed. (v) Access to non-NPS property by (b) Snowmobiles. (1) Snowmobiles may owners, and to NPS properties by ‘‘use be operated for authorized purposes in and occupancy’’ lessees and their the following designated areas within guests. the Lakeshore: (3) Off-road motor vehicles may be (i) The frozen surface of Lake Supe- used for administrative, law enforce- rior that surrounds every island from ment, and emergency services as deter- the shoreline out to the authorized mined by the Superintendent. boundary; (4) Off-road motor vehicle use in (ii) The frozen surface of Lake Supe- areas and for purposes other than those rior from Sand Point to the mainland stated in paragraphs (c)(1) and (c)(2) is unit’s eastern boundary; prohibited. (iii) The 1⁄4 mile section of the Big (5) Maps showing designated use Sand Bay Road that passes through the areas are available at park head- park mainland unit to non-NPS prop- quarters. erty. (d) Ice augers and power engines. (1) (2) Snowmobile use is authorized Ice auger means a portable gasoline or solely for the purpose of providing ac- electric powered engine connected to a cess for legal forms of: rotating helical shaft for boring (i) Ice fishing; through the frozen surface of a lake. (ii) Hunting and trapping; (2) Power engine means a mobile gaso- (iii) Winter camping; line or electric powered engine or de- (iv) Other non-motorized recreational vice that is connected to a rotating activities; and saw blade or teeth linked in an endless

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chain for cutting through the frozen day before Memorial Day with an out- ice surface of a lake. board motor not to exceed 10 horse- (3) Notwithstanding the requirements power. of 36 CFR 2.12(a)(3), operation of an ice (4) Operating a motorized vessel auger or power engine is authorized on other than as allowed in § 7.83(a) is pro- designated portions of Lake Superior hibited. for the specific purpose of cutting (b) Scuba Diving. (1) Scuba diving is through the ice surface to provide ac- prohibited within all springs and spring cess for legal ice fishing activity. branches on federally owned land with- (4) Areas designated for use of an ice in the boundaries of Ozark National auger or power engine include: (i) The frozen surface of Lake Supe- Scenic Riverways without a written rior that surrounds every island from permit from the superintendent. the shoreline out to the authorized (2) Permits. The superintendent may boundary; and issue written permits for scuba diving (ii) The frozen surface of Lake Supe- in springs within the boundaries of the rior from Sand Point to the mainland Ozark National Scenic Riverways; Pro- unit’s eastern boundary. vided, (5) Maps showing designated use (i) That the permit applicant will be areas are available at park head- engaged in scientific or educational in- quarters. vestigations which will have demon- (6) Use of an ice auger or power en- strable value to the National Park gine on any land surface or frozen Service in its management or underwater surface outside of designated use standing of riverways resources. areas is prohibited without a permit. (ii) [Reserved] [49 FR 18451, Apr. 30, 1984, as amended at 70 (c) Commercial Activities. The activi- FR 16716, Apr. 1, 2005] ties listed herein constitute commercial activities which are prohibited § 7.83 Ozark National Scenic Riverways. within the boundaries of Ozark Na- tional Scenic Riverways, except in ac- (a) Restrictions for motorized vessels. (1) cordance with the provisions of a per- On waters situated within the bound- mit, contract, or other written agree- aries of Ozark National Scenic ment with the United States. The Na- Riverways, the use of a motorized ves- tional Park Service reserves the right sel is limited to a vessel equipped with an outboard motor only. to limit the number of such permits, (2) For the purposes of this section, contracts or other written agreements, horsepower ratings on a particular when, in the judgment of the Service, motor will be based upon the prevailing such limitation is necessary in the in- industry standard of power output at terest of visitor enjoyment, public the propeller shaft as established by safety, or preservation or protection of the manufacturer. the resources or values of the (3) The use of a motorized vessel is Riverways. allowed as follows: (1) The sale or rental of any goods or (i) Above the Big Spring landing on equipment to a member or members of the Current River and below Alley the public which is undertaken in the Spring on the Jacks Fork River with course of an ongoing or regular com- an outboard motor not to exceed 40 mercial enterprise. horsepower. (2) The performance of any service or (ii) Above Round Spring on the Cur- activity for a member or members of rent River and above Alley Spring on the public in exchange for monetary or the Jacks Fork River with an outboard other valuable consideration. motor not to exceed 25 horsepower. (iii) Above Akers Ferry on the Cur- (3) The delivery or retrieval within rent River from May 1 to September 15 the boundaries of Ozark National Sce- with an outboard motor not to exceed nic Riverways of watercraft or associ- 10 horsepower. ated boating equipment which has been (iv) Above Bay Creek on the Jacks rented to a member or members of the Fork River from March 1 to the Satur- public at a location not within the

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

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caught at Anacapa and Santa Barbara § 7.86 Big Cypress National Preserve. Islands during the period July 1, 1968, (a) Motorized vehicles—(1) Definitions. to July 1, 1971. (i) The term ‘‘motorized vehicle’’ [38 FR 5622, Mar. 17, 1973, as amended at 48 means automobiles, trucks, glades or FR 30296, June 30, 1983] swamp buggies, airboats, amphibious or air cushion vehicles or any other de- § 7.85 Big Thicket National Preserve. vice propelled by a motor and designed, (a) Hunting. Except as otherwise pro- modified for or capable of cross coun- vided in this section, hunting is per- try travel on or immediately over land, mitted in accordance with § 2.2 of this water, marsh, swampland or other terrain, except boats which are driven by chapter. a propeller in the water. (1) Hunting is permitted only during (ii) The term ‘‘operator’’ means any designated seasons, as defined for game person who operates, drives, controls animals or birds by the State of Texas. or has charge of a motorized vehicle. During other periods of the year, no (iii) The term ‘‘Preserve lands’’ hunting is permitted. means all federally owned or controlled (2) During applicable open seasons, lands and waters administered by the only the following may be hunted: National Park Service within the (i) Game animals, rabbits, and feral boundaries of the Preserve. or wild hogs. (2) Travel in Preserve areas. (i) Unless (ii) Game birds and migratory game closed or restricted by action of the birds. Superintendent under paragraph (3) The use of dogs or calling devices (a)(2)(iii), the following areas, which for hunting game animals or fur-bear- are shown on a map numbered BC–91– ing animals is prohibited. 001, dated November 1975, and available (4) The use or construction of stands, for public inspection at the office of blinds or other structures for use in the Superintendent, are open to motor- hunting or for other purposes is prohib- ized vehicles: ited. (A) The area south and west of Loop (b) Trapping. Trapping, for fur-bear- Road (State Road #B94). ing animals only, is permitted in ac- (B) The area north of Tamiami Trail. cordance with § 2.2 of this chapter. (ii) The following areas which are shown on a map numbered BC–91–001, (c) Hunting and Trapping Permits. In dated November 1975, and available for addition to applicable State licenses or public inspection at the office of the permits, a permit from the Super- Superintendent, are closed to motor- intendent is required for hunting or ized vehicles: trapping on Preserve lands. Permits (A) The areas between the Loop Road will be available, free of charge, at Pre- (State Hwy. #B94) and the Tamiami serve headquarters and can be obtained Trail (U.S. Hwy. #B41), except that the in person or by mail. Superintendent may issue a permit to (d) Firearms, Traps, and Other Weap- provide for reasonable access by legal ons. Except as otherwise provided in residents or to provide access by au- this paragraph, § 2.4 of this chapter thorized oil and gas companies. shall be applicable to Preserve lands. (B) Big Cypress Florida Trail, Sec- (1) During open hunting or trapping tion 1, One marked main hiking trail, seasons, the possession and use of fire- from Tamiami Trail to Alligator Alley; arms or other devices capable of de- and the two marked loop trails are stroying animal life is permitted in ac- closed to the use of all motorized vehi- cordance with § 2.4 of this chapter. cles, except that vehicles may cross the (2) The possession of firearms or trails. other weapons at night, from one hour (iii) The Superintendent may tempo- after sunset to one hour before sunrise rarily or permanently close or restrict is prohibited. the use of any areas and routes otherwise 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

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motor vehicles by the posting of appro- (C) A motorized vehicle, except an priate signs, or by marking on a map airboat, when operated off of estab- which shall be available for public in- lished roads and parking areas during spection at the office of the Super- the period from one-half hour after intendent, or both. In determining sunset to one-half hour before sunrise, whether to close or restrict the uses of shall display at least one forward-fac- the areas or routes under this para- ing white headlight and one red lighted graph, the Superintendent shall be taillight each of which shall be visible guided by the criteria contained in sec- for a distance of 500 feet in their re- tions 3 and 4 of E.O. 11644 (37 FR 2877) spective directions under clear atmos- as amended, and shall also consider pheric conditions. factors such as other visitor uses, safe- (D) Airboats and amphibious vehicles ty, wildlife management, noise, ero- shall fly a safety flag at least 10 inches sion, geography, vegetation, resource wide by 12 inches long at a minimum protection, and other management con- height of 10 feet above the bottom of siderations. Prior to making a tem- the vehicle or boat, and shall display porary or permanent closure the Super- one white light aft visible for 360° at a intendent shall consult with the execu- distance of 500 feet when running dur- tive director of the Florida Game and ing the period from one-half hour be- Fresh Water Fish Commission. Prior to fore sunset to one-half hour after sun- instituting a permanent closure of an rise. area or route, notice of such intention (b) Camp structures. (1) Buildings or shall be published in the FEDERAL REG- other structures on lands not owned by ISTER and the public shall be provided a claimants to these structures existing period of 30 days to comment. prior to the effective date of these reg- (3) Operations, limitations and equip- ulations, may be occupied and used by ment—(i) Vehicle operation. (A) Motor- said claimants pursuant to a nonrenew- ized vehicle permits shall be required able, nontransferrable permit. This use after December 21, 1980. shall be for a maximum term of five (5) (B) Motorized vehicles shall not be years from the date of Federal acquisi- operated in a manner causing, or likely tion for preserve purposes of the land to cause, significant damage to or dis- upon which the structures are situated turbance of the soil, wildlife habitat, or five years from the effective date of improvements, cultural, or vegetative these regulations, whichever occurs resources. Cutting, grading, filling or first: Provided, however, That the ditching to establish new trails or to claimant to the structures by applica- improve old trails is prohibited, except tion: under written permit where necessary (i) Reasonably demonstrates by affi- in the exploration for, extraction or re- davit, bill of sale or other documenta- moval of oil and gas. tion proof of possessory interest or (ii) Vehicle Limitations and Equip- right of occupancy in the cabin or ment. structure; (A) [Reserved] (ii) Submits a sketch and photograph (B) The Superintendent, by the post- of the cabin or structure and a map ing of appropriate signs or by marking showing its geographic location; on a map, which shall be available for (iii) Agrees to vacate or remove the public inspection at the office of the structure from the preserve upon the Superintendent, may require during expiration of the permit, and dry periods, that a motorized vehicle or (iv) Acknowledges in the permit that a particular class of motorized vehicle, he/she has no interest in the real prop- operated off established roads and erty. parking areas, shall be equipped with a (2) Structures built after the effec- spark arrestor that meets Standard tive date of these regulations will be 5100–1a of the Forest Service, U.S. De- removed upon acquisition by the Fed- partment of Agriculture, or the 80 per- eral Government of the lands upon cent efficiency level when determined which the structures are situated. by the appropriate Society of Auto- (3) Structures that are razed or de- motive Engineers (SAE) Standard. stroyed by fire or storm, or deteriorate

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structurally to the point of being un- adverse impact on park resources, wild- safe or uninhabitable shall not be re- life populations or visitor enjoyment of built and the permit shall be cancelled. resources will result, the Super- This shall not be deemed to prohibit intendent shall prohibit the gathering, routine maintenance or upkeep on an or otherwise restrict the collecting of existing structure. these items. Portions of a park area in (4) The National Park Service re- which restrictions apply shall be des- serves the right to full and unre- ignated on a map which shall be avail- stricted use of the lands under permit able for public inspection at the office including, but not limited to, such pur- of the Superintendent, or by the post- poses as managed hunting programs ex- ing of appropriate signs, or both. ecuted in accordance with applicable (f) Grazing. (1) Grazing privileges State Game and Fish laws and regula- shall be available under permit to own- tions, use of existing roads and trails, ers or lessees who were actually using and unrestricted public access. land within the Preserve for grazing (c) Aircraft: Designated landing sites. purposes on October 11, 1974, or who (1) Except as provided below, aircraft elected to request a permit at the time may be landed in the preserve only at the land was acquired for preserve pur- improved landing strips for which a poses (See 36 CFR 2.60). permit has been issued and which were (2) Such permit may be renewed dur- in existence and in usable condition at ing the lifetime of the permittee or his the time the lands were acquired for spouse. preserve purposes, or the effective date (3) The breach of any of the terms or of these regulations, whichever occurs conditions of the permit or the regula- first. A permit may be issued to the tions applicable thereto shall be former land owner or airstrip user upon grounds for termination, suspension or application to the Superintendent. The denial of grazing privileges. application shall include a sketch (4) Except as provided below, failure showing location; a copy of the airstrip to use land under permit for grazing or license, if any; a description of the size to renew the permit shall automati- of strip, type of landing surface, height cally terminate the permit and grazing of obstructions, special markings; and privileges. The Superintendent may a list of the camps served. issue a nonuse permit on an annual (2) A map showing the locations, size, basis not to exceed three consecutive and limitations of each airstrip des- years, except that nonuse beyond this ignated under a permit shall be avail- time may be permitted if necessitated able for public inspection at the office by reasons clearly outside the control of the Superintendent. of the permittee. (3) Rotorcraft used for purposes of oil (5) Annual fees based on Depart- and gas exploration or extraction, as mental regulations (43 CFR 4125.1–1 provided for in part 9, subpart B of this (m)) will be charged for all livestock chapter, may be operated only in ac- grazing upon preserve lands. cordance with an approved operating (6) Each permittee shall comply with plan or a permit issued by the Super- the range management plan approved intendent. by the Superintendent for the area (d) [Reserved] under permit. (e) Hunting, Fishing, Trapping and (7) State laws and regulations relat- Gathering. (1) Hunting, fishing and ing to fencing, sanitation and branding trapping are permitted in accordance are applicable to graziers using pre- with the general regulations found in serve lands. parts 1 and 2 of this chapter and appli- (8) The National Park Service re- cable Florida law governing Coopera- serves the right to full and unre- tive Wildlife Management Areas. stricted use of the lands under permit (2) The Superintendent may permit including, but not limited to, such pur- the gathering or collecting by hand and poses as managed hunting programs ex- for personal use only of the following: ecuted in accordance with applicable (i) Tree snails (Liguus Fasciatus); State Game and Fish laws and regula- Provided, however, That under conditions, use of existing roads and trails, tions where it is found that significant unrestricted public access, and the

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right to revoke the permit if the activ- § 7.89 New River Gorge National River. ity is causing or will cause consider- (a) Hunting—(1) May I hunt within able adverse effect on the soil, vegeta- New River Gorge National River? Yes, tion, watershed or wildlife habitat. you may hunt if you: (9) Corporations formed by owners or (i) Possess a valid West Virginia lessees who were actually using lands State hunting license or permit, or are within the preserve for grazing pur- exempt under provisions of West Vir- poses on October 11, 1974, may be issued ginia law. annual permits for a period not to ex- (ii) Comply with the hunting seasons, ceed twenty-five (25) years from the harvest limits, and any other condi- date of acquisition for preserve pur- tions established by the State of West poses. Virginia. (iii) Do not violate any closures or [44 FR 45128, Aug. 1, 1979, as amended at 48 limitations established by the Super- FR 30296, June 30, 1983] intendent for reasons of public safety, resource protection, or other manage- § 7.87 Kaloko-Honokohau National His- ment considerations. torical Park. (2) Do West Virginia state hunting laws (a) Is public nudity prohibited at apply within New River Gorge National Kaloko-Honokohau National Historical River? Yes, non-conflicting State hunt- Park? Yes. Public nudity, including ing laws are adopted as part of the reg- nude bathing, by any person on Federal ulations in this section and apply with- land or water within the boundaries of in New River Gorge National River. Kaloko-Honokohau National Historical (b) Bicycling. (1) Where may I ride a bi- Park is prohibited. This section does cycle within New River Gorge National not apply to a person under 10 years of River? Bicycle use is allowed: age. (i) On park roads and in parking (b) What is public nudity? Public nu- areas; and (ii) On administrative roads and dity is a person’s failure, when in a trails authorized for bicycle use as list- public place, to cover with a fully ed in the following table. opaque covering that person’s genitals, pubic areas, rectal area or female ADMINISTRATIVE ROADS AND TRAILS AUTHOR- breast below a point immediately IZED FOR BICYCLE USE—NORTH TO SOUTH above the top of the areola. Hawks Nest Connector Trail (c) What is a public place? A public Fayetteville Trail place is any area of Federal land or Park Loop Trail Timber Ridge Trail water subject to Federal jurisdiction Kaymoor Trail within the boundaries of Kaloko- Craig Branch Trail Honokohau National Historical Park, Arrowhead Trail except the enclosed portions of rest- Long Point Trail (except 0.2 miles closest to rooms or other structures designed for Long Point Vista) Keeneys Creek Rail Trail privacy or similar purposes. Headhouse Trail [64 FR 19483, Apr. 21, 1999] Tipple Trail Seldom Seen Trail Nuttallburg Town Loop Connector Trail § 7.88 Indiana Dunes National Lake- Brooklyn Mine Trail shore. Brooklyn Miner’s Connector Trail (a) Fishing. Unless otherwise des- Southside Trail ignated, fishing in a manner authorized Rend Trail Stone Cliff Trail under applicable State law is allowed. Terry Top Trail (b) Powerless flight. The use of devices Garden Ground Stacked Loop Trail to carry persons through the air in Little Laurel Trail powerless flight is allowed at times and Mud Turn Trail Glade Creek Trail locations designated by the super- Panther Branch Connector Trail intendent pursuant to the terms and (2) How will I know where these admin- conditions of a permit. istrative roads and trails are located in [49 FR 18451, Apr. 30, 1984] the park? The administrative roads and

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trails where bicycle use is authorized South unit that connects to the bridge are identified on maps located in the underpass at Johnson Ferry Road. Superintendent’s office, at park visitor (iii) The approximately 6.7-mile-long centers, at interpretive kiosks, and on loop-style multi-use trail in the Coch- the park’s Web site. Additional infor- ran Shoals unit. mation about bicycling will also be (2) Will the routes be identified on the posted at appropriate trailheads and ground? Yes, the three trails will be other locations. posted at trail junctions indicating (3) What requirements must I meet to they are open to bicycle use. ride a bicycle within New River Gorge Na- (3) Where can I find maps depicting tional River? (i) In addition to the appli- routes designated for bicycle use? Maps cable provisions in 36 CFR part 4, all depicting designated bicycle routes are bicyclists must yield to other trail available in the office of the Super- users in the following manner: intendent and online at www.nps.gov/ (A) A bicyclist must yield to an chat/planyourvisit/bike-maps.htm. equestrian; (4) How will the Superintendent manage (B) A bicyclist must yield to a pedes- the designated bicycle routes? (i) The Su- trian; and perintendent may open or close des- (C) A bicyclist travelling downhill ignated bicycle routes, or portions must yield to a bicyclist travelling up- thereof, or impose conditions or re- hill. strictions for bicycle use after taking (ii) Yielding the right of way requires into consideration public health and slowing down to a safe speed, being pre- safety, natural and cultural resource pared to stop, establishing communica- protection, carrying capacity and other tion, and passing safely. management activities and objectives. (iii) Failure to yield is prohibited. (ii) Following a rain event, the Su- (4) How will the Superintendent manage perintendent may exercise discretion bicycle use where it is authorized? The to temporarily close the trails in the Superintendent may close park and ad- Johnson Ferry South and Cochran ministrative roads, parking areas and Shoals units to mitigate soil erosion trails, or portions thereof, reopen the and water quality impacts from bicycle same, or impose conditions or restric- use. tions for bicycle use after taking into (iii) The Superintendent will provide consideration public health and safety, public notice of all such actions natural and cultural resource protec- through one or more of the methods tion, and other management activities listed in § 1.7 of this chapter. and objectives. (i) The Superintendent will provide (iv) Violating a closure, condition, or public notice of all such actions restriction is prohibited. through one or more of the methods (b) [Reserved] listed in § 1.7 of this chapter. [78 FR 14450, Mar. 6, 2013] (ii) Violating a closure, condition, or restriction is prohibited. § 7.91 Whiskeytown Unit, Whiskeytown-Shasta-Trinity Na- [68 FR 55317, Sept. 25, 2003, as amended at 78 tional Recreation Area. FR 73097, Dec. 5, 2013] (a) Water sanitation. (1) Vessels with § 7.90 Chattahoochee River National marine toilets so constructed as to per- Recreation Area. mit wastes to be discharged directly (a) Bicycling. (1) Where may I ride a bi- into the water shall have such facili- cycle within Chattahoochee River Na- ties sealed to prevent discharge. tional Recreation Area? The following (2) Chemical or other type marine routes are designated for bicycle use: toilets with approved holding tanks or (i) The approximately 500-foot-long storage containers will be permitted, segment of paved multi-use trail along but will be discharged or emptied only the Chattahoochee River located with- at designated sanitary pumping sta- in the boundary of the Vickery Creek tions. unit. (b) Overnight occupancy of a vessel (ii) The approximately 2.2-mile-long on the Whiskeytown Lake is prohib- multi-use trail in the Johnson Ferry ited.

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(c) Powerless flight. The use of devices § 7.92 Bighorn Canyon National Recre- designed to carry persons through the ation Area. air in powerless flight is allowed at (a) Aircraft-designated airstrip. (1) Fort times and locations designated by the Smith landing strip, located at approx- superintendent, pursuant to the terms imate latitude 45°19′ N., approximate and conditions of a permit. longitude 107°55′41″ W. in the (d) Gold Panning. (1) As used in this S1⁄2S1⁄2SE1⁄4 sec. 8, and the S1⁄2SW1⁄4SW1⁄4 section, the term ‘‘gold panning’’ sec. 9, T. 6 S., R. 31 E., Montana Prin- means the attempted or actual removal cipal Meridian. of gold from a stream by using either a (2) [Reserved] metal or plastic gold pan and a trowel, (b) Snowmobiles. (1) Designated routes spoon or other digging implement hav- to be open to snowmobile use: On the ing a blade surface not exceeding 4 west side of Bighorn Lake, beginning inches wide and 8 inches long. immediately east of the Wyoming (2)(i) Unless otherwise designated by Game and Fish Department Residence the superintendent, gold panning is al- on the Pond 5 road northeast to the lowed on all streams. Streams, or por- Kane Cemetery. North along the main tions thereof, that are designated traveled road past Mormon Point, Jim closed to gold panning are marked on a Creek, along the Big Fork Canal, cross- map available for public inspection at ing said canal and terminating on the the office of the superintendent, or by south shore of Horseshoe Bend, and the the posting of signs, or both. marked lakeshore access roads leading (ii) Prior to engaging in gold pan- off this main route to Mormon Point, ning, a person shall register with, and north and south mouth of Jim Creek, pay a special recreation permit fee to, South Narrows, and the lakeshore road the superintendent. The super- between Mormon Point and the south mouth of Jim Creek. On the east side intendent shall establish the special of Bighorn Lake beginning at the junc- recreation permit fee in accordance tion of U.S. Highway 14A and the John with regulations in part 71 of this chap- Blue road, northerly on the John Blue ter. road to the first road to the left, on (iii) A person may remove gold from said road in a westerly direction to its the Unit only in accordance with these terminus at the shoreline of Bighorn regulations. Lake. All frozen lake surfaces are (3) The following are prohibited: closed to snowmobiling. (i) Removing gold by any method (2) On roads designated for snow- other than gold panning, including, but mobile use only that portion of the not limited to, the use of suction, a road or parking area intended for other crevice cleaner, screen separator, view motor vehicle use may be used by box, sluice box, rocker, dredge or any snowmobiles. Such roadway is avail- other mechanical or hydraulic device, able for snowmobile use only when the or skin diving equipment such as a designated road or parking area is snorkel, mask or wetsuit. closed by snow depth to all other (ii) Using any toxic substance or motor vehicles used by the public. chemical, including mercury, in gold These routes will be marked by signs, panning activities. snow poles or other appropriate means. (iii) Conducting gold panning outside The superintendent shall determine the opening and closing dates for use of the confines of existing stream water designated snowmobile routes each levels, or digging into a stream bank, year. Routes will be open to snow- or digging that results in the disturb- mobile travel when they are considered ance of the ground surface or the un- to be safe for travel but not necessarily dermining of any vegetation, historic free of safety hazards. Snowmobiles feature or bridge abutment. may travel in these areas with the per- [36 FR 14267, Aug. 3, 1971, as amended at 38 mission of the superintendent, but at FR 5245, Feb. 27, 1973; 49 FR 18452, Apr. 30, their own risk. 1984; 54 FR 23649, June 2, 1989] (3) Snowmobile use outside designated routes is prohibited.

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(c) Fishing. Unless otherwise des- ration Point parking area (approxi- ignated, fishing in any manner author- mately 3.9 miles); ized under applicable State law is al- (2) A section between the intersec- lowed. tion of Bryce Point road and Inspira- (d) Personal Watercraft (PWC). (1) tion Point road, and a trailhead near PWC use is allowed in Bighorn Canyon Bryce Point parking area (approxi- National Recreation Area, except in mately 2.3 miles). the following areas: (b) The Superintendent will provide (i) In the gated area south of notice of all bicycle route designations Yellowtail Dam’s west side to spillway through one or more of the methods entrance works and Bighorn River listed in § 1.7 of this chapter, and place from Yellowtail Dam to cable 3,500 feet the designations on maps that are north. available in the office of the Super- (ii) At Afterbay Dam from fenced intendent and other places convenient areas on west side of dam up to the to the public. dam. (c) The Superintendent may open or (iii) In Afterbay Lake, the area be- close designated bicycle routes, or por- tween dam intake works and buoy/ tions thereof, or establish conditions or cable line 100 feet west. restrictions for bicycle use after con- (iv) At Government docks as posted. sidering public health and safety, nat- (v) At the Ok-A-Beh gas dock, except ural and cultural resource protection, for customers. carrying capacity, and other manage- (vi) From Yellowtail Dam upstream ment activities and objectives. to the log boom. (1) The Superintendent will provide (vii) In Bighorn Lake and shoreline public notice of all such actions south of the area known as the South through one or more of the methods Narrows (legal description R94W, T57N listed in § 1.7 of this chapter. at the SE corner of Section 6, the SW (2) Violating a closure, condition, or corner of Section 5, the NE corner of restriction is prohibited. Section 7, and the NW corner of Sec- tion 8). Personal watercraft users are [80 FR 24212, Apr. 30, 2015] required to stay north of the boundary delineated by park installed buoys. § 7.95 Pea Ridge National Military (2) The Superintendent may tempo- Park. rarily limit, restrict, or terminate ac- (a) Bicycle use. (1) The Super- cess to the areas designated for PWC intendent may designate all or por- use after taking into consideration tions of the following trails as open to public health and safety, natural and bicycle use: cultural resource protection, and other (i) A trail from U.S. Highway 62 to management activities and objectives. the visitor center (approximately 0.55 [36 FR 21666, Nov. 12, 1971, as amended at 48 miles). FR 29845, June 30, 1983; 52 FR 34777, Sept. 15, (ii) A trail from Arkansas Highway 72 1987; 70 FR 31353, June 1, 2005] to the Sugar Creek Greenway on the western edge of the park (approxi- § 7.93 Guadalupe Mountains National mately 1.17 miles). Park. (2) A map showing trails open to bi- (a) Cave entry. No person shall enter cycle use will be available at park vis- any cave or passageway of any cave itor centers and posted on the park without a permit. website. The Superintendent will provide notice of all bicycle route designa- [48 FR 30296, June 30, 1983] tions in accordance with § 1.7 of this § 7.94 Bryce Canyon National Park. chapter. The Superintendent may limit, restrict, or impose conditions on (a) The Superintendent may des- bicycle use, or close any trail to bicy- ignate for bicycle use routes or por- cle use, or terminate such conditions, tions of routes on the following sec- closures, limits, or restrictions in actions of the park’s multi-use rec- cordance with § 4.30 of this chapter. reational path: (1) A section between the park bound- (b) [Reserved] ary near Bryce Canyon City and Inspi- [83 FR 48380, Sept. 25, 2018]

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§ 7.96 National Capital Region. tion the Potomac River, Anacostia (a) Applicability of regulations. This River, Washington Channel or George- section applies to all park areas admin- town Channel, except for the purpose of istered by National Capital Region in saving a drowning person, is prohib- the District of Columbia and in Arling- ited. ton, Fairfax, Loudoun, Prince William, (f) Commercial vehicles and common and Stafford Counties and the City of carriers—(1) Operation in park areas pro- Alexandria in Virginia and Prince hibited; exceptions. Commercial vehicles Georges, Charles, Anne Arundel, and and common carriers, loaded or un- Montgomery Counties in Maryland and loaded, are prohibited on park roads to other federal reservations in the en- and bridges except on the section of virons of the District of Columbia, Constitution Avenue east of 19th policed with the approval or concur- Street or on other roads and bridges rence of the head of the agency having designated by the Superintendent, or jurisdiction or control over such res- when authorized by a permit or when ervations, pursuant to the provisions of operated in compliance with paragraph the act of March 17, 1948 (62 Stat. 81). (f)(2) of this section. (b) Athletics—(1) Permits for organized (2) George Washington Memorial Park- games. Playing baseball, football, cro- way; passenger-carrying vehicles; permits; quet, tennis, and other organized fees. (i) Taxicabs licensed in the Dis- games or sports except pursuant to a trict of Columbia, Maryland, or Vir- permit and upon the grounds provided ginia, are allowed on any portion of the for such purposes, is prohibited. George Washington Memorial Parkway (2) Wet grounds. Persons holding a without a permit or payment of fees. permit to engage in athletics at certain (ii) Passenger-carrying vehicles for times and at places authorized for this hire or compensation, other than taxi- use are prohibited from exercising the cabs, having a seating capacity of not privilege of play accorded by the per- more than fourteen (14) passengers, ex- mit if the grounds are wet or otherwise cluding the operator, when engaged in unsuitable for play without damage to services authorized by concession the turf. agreement to be operated from the (3) Golf and tennis; fees. No person Washington National Airport and/or may use golf or tennis facilities with- Dulles International Airport, are al- out paying the required fee, and in lowed on any portion of the George compliance with conditions approved Washington Memorial Parkway in Vir- by the Regional Director. Trespassing, ginia without a permit or payment of intimidating, harassing or otherwise fees. However, when operating on a interfering with authorized golf players, or interfering with the play of ten- sightseeing basis an operator of such a nis players is prohibited. vehicle shall comply with paragraph (4) Ice skating. Ice skating is prohib- (f)(2)(iv) of this section. ited except in areas and at times des- (iii) Passenger-carrying vehicles for ignated by the Superintendent. Skat- hire or compensation, other than those ing in such a manner as to endanger to which paragraphs (f)(2) (i) and (ii) of the safety of other persons is prohib- this section apply, are allowed on the ited. George Washington Memorial Parkway (c) Model planes. Flying a model pow- upon issuance of a permit by the Re- ered plane from any park area is pro- gional Director, under the following hibited without a permit. conditions: (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

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

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tourists that is not reasonably likely House area, administered by the Na- to attract a crowd or onlookers. tional Capital Region. (ii) The term ‘‘special events’’ in- (x) The term ‘‘Vietnam Veterans Me- cludes sports events, pageants, celebra- morial’’ means the structures and adja- tions, historical reenactments, regat- cent areas extending to and bounded by tas, entertainments, exhibitions, pa- the south curb of Constitution Avenue rades, fairs, festivals and similar on the north, the east curb of Henry events (including such events presented Bacon Drive on the west, the north side by the National Park Service), which of the north Reflecting Pool walkway are not demonstrations under para- on the south and a line drawn perpen- graph (g)(1)(i) of this section, and dicular to Constitution Avenue two which are engaged in by one or more hundred (200) feet from the east tip of persons, the conduct of which has the the memorial wall on the east (this is effect, intent or propensity to draw a also a line extended from the east side crowd or onlookers. This term also of the western concrete border of the does not include casual park use by steps to the west of the center steps to visitors or tourists which does not have the Federal Reserve Building extending an intent or propensity to attract a to the Reflecting Pool walkway). crowd or onlookers. (2) Permit requirements. Demonstra- (iii) The term ‘‘national celebration tions and special events may be held events’’ means the annually recurring only pursuant to a permit issued in ac- special events regularly scheduled by cordance with the provisions of this the National Capital Region, which are section except: listed in paragraph (g)(4)(i) of this sec- (i) Demonstrations involving 25 per- tion. sons or fewer may be held without a (iv) The term ‘‘White House area’’ permit provided that the other condi- means all park areas, including side- tions required for the issuance of a per- walks adjacent thereto, within these mit are met and provided further that bounds; on the south, Constitution Av- the group is not merely an extension of enue NW.; on the north, H Street NW.; on the east, 15th Street, NW.; and on another group already availing itself of the west, 17th Street NW. the 25-person maximum under this pro- (v) The term ‘‘White House sidewalk’’ vision or will not unreasonably inter- means the south sidewalk of Pennsyl- fere with other demonstrations or spe- vania Avenue NW., between East and cial events. West Executive Avenues NW. (ii) Demonstrations may be held in (vi) The term ‘‘Lafayette Park’’ the following park areas without a per- means the park areas, including side- mit provided that the conduct of such walks adjacent thereto, within these demonstrations is reasonably con- bounds: on the south, Pennsylvania Av- sistent with the protection and use of enue NW.; on the north, H Street NW.; the indicated park area and the other on the east, Madison Place NW.; and on requirements of this section. The nu- the west, Jackson Place NW. merical limitations listed below are ap- (vii) The term ‘‘Ellipse’’ means the plicable only for demonstrations con- park areas, including sidewalks adja- ducted without a permit in such areas. cent thereto, within these bounds: on Larger demonstrations may take place the south, Constitution Avenue NW.; in these areas pursuant to a permit. on the north, E Street, NW.; on the (A) Franklin Park. Thirteenth Street, west, 17th Street NW.; and on the east, between I and K Streets NW., for no 15th Street NW. more than 500 persons. (viii) The term ‘‘Regional Director’’ (B) McPherson Square. Fifteenth means the official in charge of the Na- Street, between I and K Streets NW., tional Capital Region, National Park for no more than 500 persons. Service, U.S. Department of the Inte- (C) U.S. Reservation No. 31. West of rior, or an authorized representative 18th Street and south of H Street NW., thereof. for no more than 100 persons. (ix) The term ‘‘other park areas’’ in- (D) Rock Creek and Potomac Parkway. cludes all areas, including sidewalks West of 23rd Street, south of P Street adjacent thereto, other than the White NW., for no more than 1,000 persons.

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(E) U.S. Reservation No. 46. North side in the White House area, except for the of Pennsylvania Avenue, west of White House sidewalk, Lafayette Park Eighth Street and south of D Street, and the Ellipse. No permit may be SE., for no more than 25 persons and issued authorizing special events, ex- south of D Street SE., for no more than cept for the Ellipse, and except for an- 25 persons. nual commemorative wreath-laying (3) Permit applications. Permit appli- ceremonies relating to the statutes in cations may be obtained at the Divi- Lafayette Park. sion of Permits Management, National (ii) Other park areas. Demonstrations Mall and Memorial Parks, 900 Ohio and special events are not allowed in Drive SW., Washington DC 20024. Appli- the following other park areas: cants shall submit permit applications in writing on a form provided by the (A) The Washington Monument, National Park Service so as to be re- which means the area enclosed within ceived by the Regional Director at the the inner circle that surrounds the Division of Permits Management at Monument’s base, except for the offi- least 48 hours in advance of any pro- cial annual commemorative Wash- posed demonstration or special event. ington birthday ceremony. This 48-hour period will be waived by (B) The Lincoln Memorial, which the Regional Director if the size and means that portion of the park area nature of the activity will not reason- which is on the same level or above the ably require the commitment of park base of the large marble columns sur- resources or personnel in excess of that rounding the structure, and the single which are normally available or which series of marble stairs immediately ad- can reasonably be made available with- jacent to and below that level, except in the necessary time period. The Re- for the official annual commemorative gional Director shall accept permit ap- Lincoln birthday ceremony. plications only during the hours of 8 (C) The Jefferson Memorial, which a.m.–4 p.m., Monday through Friday, means the circular portion of the Jef- holidays excepted. All demonstration ferson Memorial enclosed by the outer- applications, except those seeking most series of columns, and all por- waiver of the numerical limitations ap- tions on the same levels or above the plicable to Lafayette Park (paragraph (g)(5)(ii) of this section), are deemed base of these columns, except for the granted, subject to all limitations and official annual commemorative Jeffer- restrictions applicable to said park son birthday ceremony. area, unless denied within 24 hours of (D) The Vietnam Veterans Memorial, receipt. However, where a permit has except for official annual Memorial been granted, or is deemed to have Day and Veterans Day commemorative been granted pursuant to this sub- ceremonies. section, the Regional Director may re- (E) Maps of the park areas designated voke that permit pursuant to para- in this paragraph are as follows. The graph (g)(6) of this section. darkened portions of the diagrams (i) White House area. No permit may show the areas where demonstrations be issued authorizing demonstrations or special events are prohibited.

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(4) Permit processing. (i) NPS proc- tions more than one year in advance of esses permit applications for dem- a proposed continuous event (including onstrations and special events in order set-up time, if any). Use of a particular of receipt. NPS will not accept applica- area is allocated in order of receipt of

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fully executed applications, subject to park areas as shown in the following the limitations in this section. table: (ii) Specific national celebration events have priority use of particular

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

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

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

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The Presidential Inaugural Committee During the following (E) Maps of designated portions of may use the following area . . . period . . . Pennsylvania Avenue, National His- (1) The White House sidewalk and La- November 1 toric Park and Sherman Park referred fayette Park. through March 1. to in paragraph (g)(4)(iii)(B) of this sec- (2) Pennsylvania Avenue, National His- December 7 tion are as follows: toric Park and Sherman Park. through February 10. (3) The National Mall between 14th and January 6 through 1st Streets. January 30.

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

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

Park area Permit validity period Permit validity period for inaugural activities

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

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

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

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

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required to meet support and safety re- nearby areas by other persons, and quirements and that are not used so as other legitimate park value concerns. to form an enclosure of two (2) or more (xiii) A permit issued under this sec- sides) may be used in Lafayette Park, tion does not authorize activities out- provided that no individual may have side of areas under administration by more than two (2) such signs in the the National Capital Region. Appli- Park at any one time, and provided fur- cants may also be required to obtain a ther that such signs must be attended permit from the District of Columbia at all times (the term ‘‘attended’ is de- or other appropriate governmental en- fined as an individual being within tity for demonstrations or special three (3) feet of his or her sign(s)), and events sought to be conducted either provided further that such signs may not wholly or in part in other than park be elevated in a manner so as to exceed areas. a height of six (6) feet above the ground (6) Permit revocation. A permit issued at their highest point, may not be ar- for a demonstration is revocable only ranged or combined in a manner so as upon a ground for which an application to exceed the size limitations set forth therefor would be subject to denial in this paragraph, and may not be ar- under paragraphs (g) (4) or (5) of this ranged in such a fashion as to form an section. Any such revocation, prior to enclosure of two (2) or more sides. For the conduct of the demonstration, shall example, under this provision, two be in writing and shall be approved by four-feet by four-feet signs may not be the Regional Director. During the con- combined so as to create a sign eight duct of a demonstration, a permit may feet long and four feet wide, and three be revoked by the ranking U.S. Park such signs may not be arranged to cre- Police supervisory official in charge if ate a sign four feet long and twelve feet continuation of the event presents a wide, and two or more signs of any size clear and present danger to the public may not be leaned or otherwise placed safety, good order or health or for any together so as to form an enclosure of violation of applicable law or regula- two or more sides, etc. tion. A permit issued for a special (x) Stages and sound amplification event is revocable, at any time, in the may not be placed closer than one hun- reasonable discretion of the Regional dred (100) feet from the boundaries of Director. the Vietnam Veterans Memorial and (7) Further information on admin- sound systems shall be directed away istering these regulations can be found from the memorial at all times. in policy statements published at 47 FR (xi) Sound amplification equipment 24299, June 4, 1982, and at 47 FR 24302, is allowed in connection with per- June 4, 1982. Copies of the policy state- mitted demonstrations or special ments may be obtained from the Re- events, provided prior notice has been gional Director. given to the Regional Director, except (h) Soliciting. (1) The in-person solic- that: iting or demanding of money or funds (A) Sound amplification equipment for donation on Federal park land is may not be used on the White House prohibited, unless it occurs as part of a sidewalk, other than hand-portable permit issued for a demonstration or sound amplification equipment which special event. the Regional Director determines is (2) Persons permitted to solicit must necessary for crowd-control purposes. not: (B) The Regional Director reserves (i) Give false or misleading informa- the right to limit the sound amplifi- tion regarding their purposes or affili- cation equipment so that it will not ations; unreasonably disturb nonparticipating (ii) Give false or misleading informa- persons in, or in the vicinity of, the tion as to whether any item is avail- area. able without donation. (xii) A permit may contain addi- (i) Camping. (1) Camping is defined as tional reasonable conditions and addi- the use of park land for living accom- tional time limitations, consistent modation purposes such as sleeping ac- with this section, in the interest of tivities, or making preparations to protecting park resources, the use of sleep (including the laying down of

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bedding for the purpose of sleeping), or stand or structure may consist of one storing personal belongings, or making table per site, which may be no larger 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 campground. including, but not limited to, those (2) Further information on admin- portions of Ford’s Theatre adminis- 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

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Bacon Drive sidewalks adjacent to the demonstrations and special events in Vietnam Veterans Memorial. order to assist in the provision of secu- (3) Persons engaged in the sale or dis- rity and logistical support. This infor- tribution of printed matter under this mation will be used to further those section shall not obstruct or impede purposes. The obligation is required to pedestrians or vehicles, harass park obtain a benefit. visitors with physical contact, mis- [51 FR 37011, Oct. 17, 1986, as amended at 57 represent the purposes or affiliations of FR 4576, Feb. 6, 1992; 57 FR 29797, July 7, 1992; those engaged in the sale or distribu- 60 FR 17649, Apr. 7, 1995; 60 FR 33351, June 28, tion, or misrepresent whether the 1995; 60 FR 55791, Nov. 3, 1995; 62 FR 30234, printed matter is available without June 3, 1997; 62 FR 32203, June 13, 1997; 72 FR cost or donation. 54843, Sept. 27, 2007; 73 FR 67744, Nov. 17, 2008; (l) Rock Creek Park. (1) Notwith- 75 FR 8807, Feb. 26, 2010; 76 FR 17028, Mar. 28, 2011; 78 FR 14678, Mar. 7, 2013; 84 FR 32624, standing the provisions of 36 CFR 5.1, July 9, 2019] the Superintendent of Rock Creek Park may permit the recognition of § 7.97 Golden Gate National Recre- and the advertising by the primary ation Area. sponsor or sponsors of not more than (a) Boat landings—Alcatraz Island. Ex- two professional tennis tournaments cept in emergencies, the docking of per year at the Rock Creek Tennis Cen- any privately-owned vessel, as defined ter. in § 1.4 of this chapter, or the landing of (2) All activities conducted under any person at Alcatraz Island without this paragraph shall be appropriate to a permit or contract is prohibited. The park values and consistent with the Superintendent may issue a permit protection of park resources and shall upon a determination that the appli- comply with criteria specified in a cant’s needs cannot be provided by au- written permit. thorized commercial boat transpor- (3) Any permit issued under this tation to Alcatraz Island and that the paragraph shall be valid only for those proposed activities of the applicant are periods of time during which a profes- compatible with the preservation and sional tennis tournament is being held, protection of Alcatraz Island. and shall limit all advertising and rec- (b) Powerless flight. The use of devices ognition to the confines of the tennis designed to carry persons through the stadium structure and the contiguous air in powerless flight is allowed at paved plaza, not to include any of the times and locations designated by the fields or paved parking lots except superintendent, pursuant to the terms within the interior of permitted tents and conditions of a permit. on Parking Lot A. These areas shall be (c) Designated bicycle routes. The use marked on a map available in the Su- of a bicycle is permitted according to perintendent’s office. § 4.30 of this chapter and, in non-devel- (4) No advertising or recognition ac- oped areas, as follows: tivities may take place without a writ- (1) Bicycle use is permitted on routes ten permit as specified in this para- which have been designated by the Su- graph. Any person who violates a pro- perintendent as bicycle routes by the vision of this paragraph is subject to posting of signs, and as designated on the penalty provisions of 36 CFR 1.3 maps which are available in the office and revocation of the permit if a per- of the superintendent and other places mit exists. convenient to the public. (m) Information collection. The infor- (2) Bicycle speed limits are as fol- mation collection requirements con- lows: tained in this section have been ap- (i) 15 miles per hour: Upon all des- proved by the Office of Management ignated routes in Golden Gate National and Budget under 44 U.S.C. 3507 and as- Recreation Area. signed clearance number 1024–0021. The (ii) 5 miles per hour: On blind curves information is being collected to pro- and when passing other trail users. vide notification to park managers, (3) The following are prohibited: United States Park Police, Metropoli- (i) The possession of a bicycle on tan Police, and the Secret Service of routes not designated as open to bicy- the plans of organizers of large-scale cle use.

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(ii) Operating a bicycle on designated tional Scenic Trail corridor by using bicycle routes between sunset and sun- established, State-approved snow- rise without exhibiting on the bicycle mobile trails in Maine, New Hamp- or on the operator an activated white shire, Vermont, Massachusetts and light that is visible from a distance of Connecticut that are allowed by deeded at least 500 feet to the front and with a right-of-way reserved by the seller or red light or reflector visible from at by public road right-of-way. You may least 200 feet to the rear. also cross National Park Service ad- (d) Dogs—Crissy Field and Ocean ministered lands within the Appa- Beach Snowy Plover Areas. (1) Dogs lachian National Scenic Trail corridor must be restrained on a leash not more at the following locations: than six feet in length starting July 1 and ending May 15, in the following (2) Nahmakanta Lake Spur—The spur areas: snowmobile route that leads from (i) Crissy Field Wildlife Protection Maine Bureau of Parks and Lands Area (WPA): Dog walking restricted to Debsconeag Pond Road to the south- on-leash only in the area encompassing eastern shore of Nahmakanta Lake. the shoreline and beach north of the (3) Lake Hebron to Blanchard-Shirley Crissy Field Promenade (excluding the Road Spur—The spur snowmobile route paved parking area, sidewalks and that leads from Lake Hebron near Mon- grass lawn of the former Coast Guard son, Maine to the Maine Inter- Station complex) that stretches east connecting Trail System Route 85 near from the Torpedo Wharf to approxi- the Blanchard-Shirley Road. mately 700 feet east of the former (4) Massachusetts Turnpike to Lower Coast Guard station, and all tidelands Goose Pond Crossing—That part of the and submerged lands to 100 yards off- Massachusetts Interconnecting Trail shore. System Route 95 from the Massachu- (ii) Ocean Beach Snowy Plover Pro- tection Area (SPPA): Dog walking re- setts Turnpike Appalachian Trail stricted to on-leash only in the area Bridge to the northeastern shore of which encompasses the shoreline and Lower Goose Pond. beach area west of the GGNRA bound- (5) Temporary crossings of National ary, between Stairwell 21 to Sloat Bou- Park Service administered Appa- levard, including all tidelands and sub- lachian Trail corridor lands may be merged lands to 1,000 feet offshore. designated by the Park Manager in the (2) Notice of these annual restric- Superintendent’s Compendium of Or- tions will be provided through the post- ders when designated snowmobile ing of signs at the sites, on maps iden- routes are temporarily dislocated by tifying the restricted areas on the timber haul road closures. park’s official website and through (6) Maps that show the crossings of maps made available at other places National Park Service administered convenient to the public. lands within the Appalachian National [38 FR 32931, Nov. 29, 1973, as amended at 49 Scenic Trail may be obtained from the FR 18452, Apr. 30, 1984; 57 FR 58716, Dec. 11, Park Manager, Appalachian National 1992; 73 FR 54321, Sept. 19, 2008] Scenic Trail, Harpers Ferry Center, § 7.100 Appalachian National Scenic Harpers Ferry, West Virginia 25425. Trail. (c) Is powerless flight permitted? The (a) What activities are prohibited? (1) use of devices designed to carry persons The use of bicycles, motorcycles or through the air in powerless flight is other motor vehicles is prohibited. The allowed at times and locations des- operation of snowmobiles is addressed ignated by the Park Manager, pursuant in paragraph (b). to the terms and conditions of a per- (2) The use of horses or pack animals mit. is prohibited, except in locations des- [67 FR 8481, Feb. 25, 2002] ignated for their use. (b) Where can I operate my snowmobile? (1) You may cross the Appalachian Na-

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