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(i) Staircase Road from the park boundary to the Staircase Ranger Station.
(ii) Whiskey Bend Road from the function of the Elwha Road to the Whiskey Bend trailhead.
(iii) Boulder Creek Road from Glines Canyon Dam to the end of the road.
(iv) North Fork Quinault Road from the end of the plowed portion to the North Fork Ranger Station.
(v) South Shore Road from the end of the plowed portion to the Graves Creek Ranger Station.
(2) [Reserved]
[24 FR 11045, Dec. 30, 1959, as amended at 34 FR 5844, Mar. 28, 1969; 34 FR 6331, Apr. 10, 1969; 35 FR 10359, June 25, 1970; 35 FR 14133, Sept. 5, 1970; 46 FR 37896, July 23, 1981; 47 FR 54930, Dec. 7, 1982; 48 FR 1488, Jan. 13, 1983; 48 FR 30295, June 30, 1983]
§ 7.29 Gateway National Recreation Area.
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(a) Operation of motor vehicles. The operation of motor vehicles, other than authorized emergency vehicles, is prohibited outside of established public roads and parking areas, except on beaches and oversand routes designated by the Superintendent by the posting of appropriate signs and identified on maps available at the office of the Superintendent. These beaches and routes will be designated after consideration of the criteria contained in sections 3 and 4 of E.O. 11644, (37 FR 2877) and §4.10(b) of this chapter.
(b) Off-road vehicle operation. (1) Operation of motor vehicles, (including the various forms of vehicles used for travel oversand, such as but not limited to, “beach buggies”) on beaches or on designated oversand routes without a permit from the Superintendent is prohibited. Before a permit will be issued, each vehicle will be inspected to assure that it contains the following equipment which must be carried in the vehicle at all times while on the beaches or on the designated oversand routes:
(i) Shovel;
(ii) Jack;
(iii) Tow rope or chain;
(iv) Board or similar support;
(v) Low pressure tire gauge.
Prior to the issuance of such permits, operators must show compliance with Federal and State regulations and applicable to licensing, registering, inspecting, and insuring of such vehicles. Such permits shall be affixed to the vehicles as instructed at the time of issuance.
(2) Driving off designated, marked oversand routes or beaches is prohibited.
(3) Vehicles shall not be parked in designated oversand routes or interfere with moving traffic.
(4) When the process of freeing a vehicle which has been stuck results in ruts or holes, the ruts or holes shall be filled by the operator of such vehicle before it is removed from that area.
(5) The operation of a motorcycle on an oversand vehicle route or beach is prohibited.
(6) The Superintendent may establish limits on the number of oversand vehicles permitted on designated oversand routes and beaches when such limitations are necessary in the interest of public safety, protection of the ecological and environmental values of the area, coordination with other visitor uses.
(c) Public lewdness. Section 245.00 of the New York Penal Code is hereby adopted and incorporated into the regulations of this part. Section 245.00 provides that:
A person is guilty of public lewdness when he intentionally exposes the private and intimate parts of his body in a lewd manner or commits any other lewd act (a) in a public place, or (b) in private premises under circumstances in which he may readily be observed from either a public place or from other private premises, and with intent that he be so observed.
[41 FR 19220, May 11, 1976, as amended at 44 FR 44157, July 27, 1979; 52 FR 10686, Apr. 2, 1987]
§ 7.30 Devils Tower National Monument.
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(a) Climbing. Registration with a park ranger is required prior to any climbing above the talus slopes on Devils Tower. The registrant is also required to sign in immediately upon completion of a climb in a manner specified by the registering ranger.
[42 FR 20462, Apr. 20, 1977]
§ 7.31 Perry's Victory and International Peace Memorial.
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Snowmobiles. After consideration of existing special situations, i.e., depth of snow, and depending on local weather conditions, the superintendent may permit the use of snowmobiles on that portion of land situated between State Route 357 and the seawall which designates the north boundary of the Memorial. This route will extend from the extreme northeast corner of the boundary to the middle of the intersection of State Route 357 and Toledo Avenue.
[47 FR 55392, Dec. 9, 1982]
§ 7.32 Pictured Rocks National Lakeshore.
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(a) Snowmobiles. (1) Snowmobile use is permitted on designated portions of roadways and lakes in Pictured Rocks National Lakeshore. The designated routes for snowmobiles will be confined to the frozen waters of Lake Superior, Grand Sable Lake, on the major lakeshore visitor use roads that are unplowed, or on road shoulders of plowed park roads in conformance with State law. The designated snowmobile routes are:
(i) The Sand Point Road from the park boundary to Lake Superior.
(ii) The woodlands road from the park boundary off City Limits Road southwest to Becker Farm and down to the Sand Point Road.
(iii) The road to Miner's Falls, Miner's Castle parking area, and the Miner's Beach parking area.
(iv) The road from the park boundary in section 32, T48N, R17W, to the end of the road to Chapel Falls.
(v) The road from Country Road H–58 at the park boundary to the Little Beaver Lake Campground.
(vi) The road from County Road H–58 to the Twelvemile Beach Campground.
(vii) The road from County Road H–58 to the Hurricane River Campground.
(viii) The road from County road H–58 to the Log Slide.
(ix) The section of Michigan Dimension Road from the park boundary to the Log Slide.
(x) The frozen waters of Lake Superior and Grand Sable Lake.
(2) Maps showing designated routes shall be available at park headquarters and at ranger stations.
(3) Snowmobile use outside designated routes is prohibited. The prohibition shall not apply to emergency administrative travel by employees of the National Park Service or law enforcement agencies.
(b) Fishing. Unless otherwise designated, fishing in a manner authorized under applicable State law is allowed.
(c) Hunting. The following lakeshore areas are closed to hunting:
(1) Sand Point area. All that portion of Sand Point described as the area below the top of the bluff in Sections 19 and 30, T47N, R18W, and that area situated within the corporate limits of the City of Munising, including the Sand Point Road.
(2) Developed public use areas. (i) The area within 150 yards of any campsite located within the Little Beaver, Twelvemile Beach, and Hurricane River Campgrounds.
(ii) The area within 150 yards of the Miners Castle overlooks, paved walkways and vehicle parking lot. Also 100 feet from the centerline of the paved Miners Castle Road and the area within 100 feet of Miners Falls parking lot, trail and associated platforms.
(iii) The area within 100 feet of: the Chapel Falls parking lot; the Little Beaver backpacker parking lot; the Twelvemile Beach picnic area parking lot; the Log Slide parking lot, platforms and walkways; the Grand Sable Lake picnic area and parking lot; the Grand Sable Lake boat launch and parking lot; the Grand Sable Lake overlook parking lot.
(iv) The area within 150 yards of any structure at the Au Sable Light Station, and within 100 feet of the trail between the lower Hurricane River Campground and the light station.
(v) The area within 150 yards of the Sable Falls parking lot and building, including the viewing platforms and associated walkway system to the mouth of Sable Creek. Also included is the area 100 feet from the centerline of the paved Sable Falls Road.
(vi) The area within 150 yards of: the Grand Sable Visitor Center parking lot and barn; the structures comprising the Grand Marais quarters and maintenance facility.
(vii) The 8.6 acre tract comprising structures and lands administered by the National Park Service on Coast Guard Point in Grand Marais.
(3) Hunting season. Hunting is prohibited park wide during the period of April 1 through Labor Day.
(d) Personal Watercraft (PWC). (1) PWC are allowed on the waters within Pictured Rocks National Lakeshore, from the western boundary of the lakeshore to the east end of Miners Beach.
(2) PWC may be launched only from a designated launch site at Sand Point.
(3) PWC users may beach their craft only at Sand Point Beach and Miners Beach.
(4) The Superintendent may temporarily limit, restrict, or terminate access to the areas designated for PWC use after taking into consideration public health and safety, natural and cultural resource protection, and other management activities and objectives.
[47 FR 54932, Dec. 7, 1982, as amended at 49 FR 18450, Apr. 30, 1984; 60 FR 47703, Sept. 14, 1995; 70 FR 61905, Oct. 27, 2005]
§ 7.33 Voyageurs National Park.
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(a) Fishing. Unless otherwise designated, fishing in a manner authorized under applicable State law is allowed.
(b) Snowmobiles. (1) The following lakes and trails within Voyageurs National Park are open to snowmobile use:
(i) The frozen waters of Rainy, Kabetogama, Namakan, Mukooda, Little Trout and Sand Point Lakes.
(ii) The Moose River Railroad Grade from the park boundary north to Ash River, and then east to Moose Bay, Namakan Lake.
(iii) The portage trail between Grassy Bay and Little Trout Lake.
(iv) The Chain of Lakes Trail from its intersection with the Black Bay to Moose Bay portage, across Locator, War Club, Quill, Loiten, and Shoepack Lakes, to Kabetogama Lake.
(2) Snowmobile use is allowed across the following marked safety portages: Black Bay to Moose Bay, Lost Bay to Saginaw Bay, Laurins Bay to Kettle Falls, Squirrel Narrows, Squaw Narrows, Grassy Bay, Namakan Narrows, Swansons Bay, Mukooda Lake to Sand Point Lake (north), Mukooda Lake to Sand Point Lake (south), Mukooda Lake to Crane Lake, Tar Point, Kohler Bay, and Sullivan Bay to Kabetogama Lake.
(3) The Superintendent may determine yearly opening and closing dates for snowmobile use, and temporarily close trails or lake surfaces, taking into consideration public safety, wildlife management, weather, and park management objectives.
(4) Maps showing the designated routes are available at park headquarters and at ranger stations.
(5) Snowmobile use outside open designated routes and lake surfaces is prohibited.
(c) Aircraft. (1) Aircraft may be operated on the entire water surface and frozen lake surface of the following lakes, except as restricted in paragrah (c)(4) of this section and §2.17 of this chapter: Rainy, Kabetogama, Namakan, Sand Point, Locator, War Club, Quill, Loiten, Shoepack, Little Trout and Mukooda.
(2) Approaches, landings and take-offs shall not be made within 500 feet of any developed facility, boat dock, float, pier, ramp or beach.
(3) Aircraft may taxi to and from a dock or ramp designated for their use for the purpose of mooring and must be operated with due care and regard for persons and property and in accordance with any posted signs or waterway markers.
(4) Areas within the designated lakes may be closed to aircraft use by the Superintendent taking into consideration public safety, wildlife management, weather and park management objectives.
[49 FR 18450, Apr. 30, 1984, as amended at 56 FR 3421, Jan. 30, 1991; 60 FR 39258, Aug. 2, 1995]
§ 7.34 Blue Ridge Parkway.
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(a) Snowmobiles. After consideration of any special situations, i.e. prescheduled or planned park activities such as conducted hikes or winter bird and wildlife counts, and depending on local weather conditions, the Superintendent may allow the use of snowmobiles on the paved motor road and overlooks used by motor vehicle traffic during other seasons between U.S. 220, Milepost 121.4 and Adney Gap, Milepost 136.0. The public will be notified of openings through the posting of signs.
(b) Fishing. (1) Fishing is prohibited from one-half hour after sunset until one-half hour before sunrise.
(2) Fishing from the dam at Price Lake or from the footbridge in Price Lake picnic area in Watauga County, N.C., and from the James River Parkway Bridge in Bedford and Amherst Counties, Va., is prohibited.
(3) The following waters are subject to the restrictions indicated:
(i) North Carolina. Basin Creek and its tributaries in Doughton Park; Trout Lake in Moses H. Cone Memorial Park; Ash Bear Pen Pond, Boone Fork River, Cold Prong Branch, Laurel Creek, Sims Creek, Sims Pond in Julian Price Memorial Park, and Camp Creek.
(A) On all of the above-designated waters in North Carolina the use of bait other than artificial lures having a single hook is prohibited, except that on Basin Creek and its tributaries and Boone Fork River from Price Lake Dam downstream to the Parkway boundary the use of bait other than single hook artificial flies is prohibited.
(B) On all of the above-designated waters in North Carolina the daily creel and size limits shall be posted around the lake shorelines and along the stream banks.
(ii) Virginia. Peaks of Otter Lake in Bedford County, Va.
(A) On the above-designated water in Virginia the use of bait other than artificial lures having one single hook is prohibited.
(B) On the above-designated water in Virginia the daily creel and size limits shall be as posted on the lake shoreline.
(4) Prohibited bait in waters in paragraphs (b)(3) (i) and (ii) of this section: Possession of or use as bait of insects, worms, and other similar organic bait or parts thereof adjacent to, on, or in streams or lakes while in possession of fishing tackle, is prohibited.
(c) Powerless flight. The use of devices designed to carry persons through the air in powerless flight is allowed at times and locations designated by the superintendent, pursuant to the terms and conditions of a permit.
(d) Boating. (1) The use of any vessel, as defined in §3.1 of this chapter on the waters of the Blue Ridge Parkway is prohibited except on the waters of Price Lake.
(2) Vessels using Price Lake shall be restricted to vessels propelled solely by oars or paddles.
(3) Vessels using Price Lake may be launched only at established or designated ramps and shall be removed from the water for the night. Campers shall remove their vessels from the water to their campsites at night.
[24 FR 11032, Dec. 30, 1959, as amended at 34 FR 11969, July 16, 1969; 36 FR 20945, Nov. 2, 1971; 37 FR 20247, Sept. 28, 1972; 42 FR 61042, Dec. 1, 1977; 46 FR 39818, Aug. 5, 1981; 48 FR 30295, June 30, 1983; 49 FR 18450, Apr. 30, 1984; 52 FR 10686, Apr. 2, 1987; 52 FR 20388, June 1, 1987]
§ 7.35 Buffalo National River.
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(a) Fishing. (1) Unless otherwise designated by the Superintendent, fishing in a manner authorized under applicable State law is allowed.
(2) The Superintendent may designate times when and locations where and establish conditions under which the digging of bait for personal use is allowed.
(3) The Superintendent may designate times when and locations where and establish conditions under which the collection of terrestrial and aquatic insects for bait for personal use is allowed.
(4) Violating a designation or condition established by the Superintendent is prohibited.
(b) Frogs, Turtles and Crayfish. (1) The Superintendent may designate times and locations and establish conditions governing the taking of frogs, turtles and crayfish for personal use.
(2) Violating a designation or condition established by the Superintendent is prohibited.
(c) Motorized Vessels. (1) Except for a vessel propelled by a gasoline, diesel or other internal combustion engine with a rating of 10 horsepower or less, operating a motorized vessel from Erbie Ford to the White River is prohibited.
(2) Operating a vessel propelled by a motor is prohibited above Erbie Ford.
(3) The provisions of paragraph (c) do not apply to a vessel operated for official use by an agency of the United States, the State of Arkansas or one of its political subdivisions.
[52 FR 19343, May 22, 1987]
§ 7.36 Mammoth Cave National Park.
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(a) Fishing—(1) General. Trot and throw lines shall contain hooks which are spaced at least 30 inches apart.
(2) Seines. (i) The use of seines is permitted only in the following runs and creeks to catch minnows and crawfish for bait: Bylew, First, Second, Pine, Big Hollow, Buffalo, Ugly, Cub, Blowing Spring, Floating Mill Branch, Dry Branch, and Mill Branch.
(ii) Seines shall not exceed 4 × 6 feet and the mesh shall not be larger than one-quarter inch.
(3) Live bait. (i) Worms are the only form of live bait which may be used in the Sloans Crossing Pond (also known as Beaver Pond), Green Pond, Doyle Pond, and First Creek Lake. Live minnows and worms may be used in all other waters.
(ii) [Reserved]
(b)(1) Cave entry. Except for those portions of the caves open to the general public, no person shall enter any cave within the boundaries of the park without first obtaining a permit from the Superintendent. Permits will be issued to persons who are qualified and experienced in cave exploration, who possess the needed equipment for safe entry and travel, and who are engaged in scientific research projects which in the opinion of the Superintendent are compatible with the purpose for which the park was established.
(2) Persons on guided cave tours must stay on the established designated trails and remain with the guides and tour group at all times. Exploration of side passages, going ahead of the lead guide and tour group or dropping behind the following guide or tour group is prohibited.
(3) Persons on “self-guided” or “semi-guided” cave tours must stay in the established, designated trails at all times. Exploration of side passages or taking alternate routes is prohibited.
[36 FR 506, Jan. 14, 1971, as amended at 42 FR 31454, June 21, 1977; 48 FR 30295, June 30, 1983]
§ 7.37 Jean Lafitte National Historical Park.
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(a) Fishing. (1) Unless otherwise designated, fishing in a manner authorized under applicable State law is allowed.
(2) Within the Barataria Marsh unit, the superintendent may designate times and locations and establish conditions governing the taking of crayfish upon a written determination that the taking of crayfish:
(i) Is consistent with the purposes for which the unit was established; and
(ii) Will not be detrimental to other park wildlife or the reproductive potential of the species to be taken; and
(iii) Will not have an adverse effect on the ecosystem.
(3) Violation of established conditions or designations for the taking of crayfish is prohibited.
[49 FR 18450, Apr. 30, 1984]
§ 7.38 Isle Royale National Park.
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(a) Aircraft, designated landing areas. (1) The portion of Tobin Harbor located in the NE 1/4 of sec. 4, T. 66 N., R. 33 W.; the SE 1/4 of sec. 33, T. 67N., R. 33 W., and the SW 1/4 of sec. 34, T. 67 N., R. 33 W.
(2) The portion of Rock Harbor located in the SE 1/4 of sec. 13, the N 1/2 of sec. 24, T. 66 N., R. 34 W., and the W 1/2 of sec. 18, T. 66 N., R. 33 W.
(3) The portion of Washington Harbor located in the N 1/2 of sec. 32, all of sec. 29, SE 1/4 of sec. 30, and the E 1/2 of sec. 31, T. 64 N., R. 38 W.
(b) Underwater diving. No person shall undertake diving in the waters of Isle Royale National Park with the aid of underwater breathing apparatus without first registering with the Superintendent.
(c) Mammals. Dogs, cats, and other mammals may not be brought into or possessed in the park area, except for guide dogs accompanying the blind.
[35 FR 7793, May 21, 1970, as amended at 42 FR 21777, Apr. 29, 1977]
§ 7.39 Mesa Verde National Park.
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(a) Visiting of cliff dwellings is prohibited except when persons are accompanied by a uniformed National Park Service employee. However, the Superintendent may issue special written permits to persons engaged in scientific investigations authorizing such persons to visit the cliff dwellings without escort. The Superintendent shall approve issuance of a permit provided:
(1) That the investigation plan proposed, in purpose and in execution, is compatible with the purposes for which the park was established;
(2) That the investigation proposed will not jeopardize the preservation of park resources;
(3) That the study undertaken will have demonstrable value to the National Park Service in its management or understanding of park resources; and
(4) That the permit applicants are adequately experienced and equipped so as to insure that the objectives of paragraphs (a) (1), (2), and (3) of this section will be obtained.
(b) Hiking is permitted only on trails designated for that purpose by the Superintendent by the posting of appropriate signs or by marking on a map which shall be available for inspection by the public at park headquarters and other convenient locations within the park. Persons hiking on the Pictograph Point or Spruce Canyon Trails must register in advance with the Superintendent.
(c) Commercial automobiles and buses. The prohibition against the admission of commercial automobiles and buses to Mesa Verde National Park, contained in §5.4 of this chapter shall be subject to the following exceptions: Motor vehicles operated on an infrequent and nonscheduled tour on which the visit to the park is an incident to such tour, carrying only round trip passengers traveling from the point of origin of the tour, will be accorded admission to the park upon establishing to the satisfaction of the Superintendent that the tour originated from such place and in such manner as not to provide, in effect, a regular and duplicating service conflicting with, or in competition with, the services provided for the public pursuant to contract authorization with the Secretary.
[24 FR 11049, Dec. 30, 1959, as amended at 37 FR 23334, Nov. 2, 1972]
§ 7.40 Hopewell Village National Historic Site.
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(a) Fishing. (1) Fishing between sunset and sunrise is prohibited.
[24 FR 11049, Dec. 30, 1959, as amended at 33 FR 3227, Feb. 21, 1968]
§ 7.41 Big Bend National Park.
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(a) Fishing; closed waters. Special ponds and springs reserved for species of rare fish are closed to fishing and bait collecting. The taking or release of any form of fish life in these ponds or springs is prohibited except by special authorization by the Superintendent. These ponds and springs will be posted as closed to fishing and bait collecting and molestation.
(b) Fishing; method. (1) Fishing with pole and line, rod and reel, and trot and throw line is permitted all year from the United States side of the Rio Grande.
(2) Use of seine. The use of seines and nets is prohibited except minnow seines no greater than 20 feet in length may be used for taking of minnows for bait.
(c) Fishing; limit of catch. The limit of catch per person per day or in possession shall be 25 fish, except that minnows caught for bait shall not be accountable for the purpose of this section.
[24 FR 11049, Dec. 30, 1959, as amended at 27 FR 8616, Aug. 29, 1962; 52 FR 10686, Apr. 2, 1987]
§ 7.42 Pipestone National Monument.
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(a) An American Indian desiring to quarry and work “catlinite” pipestone shall first secure a permit from the Superintendent. The Superintendent shall issue a permit to any American Indian applicant, Provided, that: (1) In the judgment of the Superintendent, the number of permittees then quarrying or working the pipestone is not so large as to be inconsistent with preservation of the deposit and (2) a suitable area is available for conduct of the operation. The permit shall be issued without charge and shall be valid only during the calendar year in which it is issued.
(b) An American Indian desiring to sell handicraft products produced by him, members of his family, or by other Indians under his supervision or under contract to him, including pipestone articles, shall apply to the Superintendent. The Superintendent shall grant the permit provided that (1) in his judgment the number of permittees selling handicraft products is not so large as to be inconsistent with the enjoyment of visitors to the Pipestone National Monument and (2) a suitable area is available for conduct of the operation. The permit shall be issued without charge and shall be valid only during the calendar year in which it is issued.
[34 FR 5377, Mar. 19, 1969]
§ 7.43 Natchez Trace Parkway.
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(a)–(b) [Reserved]
(c) Vehicles—(1) Trucks. Trucks over one ton rated capacity are not permitted on the parkway. Trucks, not exceeding one ton rated capacity, are permitted to travel on the Natchez Trace Parkway when used solely for transportation of persons, their baggage, camping equipment and related articles for recreational purposes only. Trucks used for the purpose of hauling non-recreational materials are not permitted.
(2) Animal-drawn vehicles. Animal-drawn vehicles or implements are prohibited on the main parkway road.
(3) Farm vehicles. Farm vehicles, including agricultural implements, with or without load carrying capacity, and whether or not self-propelled, are prohibited on the parkway, except when such travel is authorized by the Superintendent or when such travel is in connection with the construction, operation, or maintenance of the parkway.
(4) Recreational vehicles. Recreational vehicles, including but not limited to self-propelled mobile homes, campers, housetrailers, and vehicles up to 1 1/2 ton rated capacity, when such recreational vehicles are used solely to carry persons for recreational purposes together with their baggage, camping equipment, and related articles for vacation or recreational purposes, are permitted on the parkway.
(5) Trailers. Trailers are permitted when used non-commercially to transport baggage, camping equipment, horses for recreational riding, small boats and other similar items used for vacation or recreational purposes, provided they meet the following criteria:
(i) Utility type trailers must be enclosed or covered and are not to exceed 5 feet by 8 feet.
(ii) Trailers must be equipped with red taillights, red stoplights and mechanical turn signals. Clearance lights are required on trailers over 6 feet high.
(iii) Only one trailer of any type may be towed by any one vehicle along the parkway. The towing vehicle and trailer must not exceed 55 feet in length.
(6) Buses. Commercial passenger carrying buses, when used for touring purposes, may travel the Natchez Trace Parkway by obtaining special written permission in advance from the Superintendent or his representative. School buses may travel on the parkway without such written permission when transporting people for special recreational or educational purposes.
(7) Towed vehicles other than trailers. Such vehicles must be towed with a rigid tow bar which does not require a driver for the towed vehicle. Tow bar must be equipped with safety chains that are so connected to the towed and towing vehicles and to the tow bar that, if the tow bar fails, it will not drop to the ground and the chains shall be of sufficient strength to prevent breakaway of the towed vehicle in the event of such tow bar failure. The towed vehicle must be equipped with brakelights, taillights, and signal lights in accordance with applicable State regulations. The towing vehicle and towed vehicle must not exceed 55 feet in length.
(d) Beer and alcoholic beverages. The possession of beer or any alcoholic beverage in an open or unsealed container is prohibited, except in designated picnic, lodging, residence, and camping areas.
[34 FR 9751, June 24, 1969, as amended at 39 FR 30833, Aug. 26, 1974; 48 FR 30295, June 30, 1983; 52 FR 10686, Apr. 2, 1987]
§ 7.44 Canyonlands National Park.
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(a) Motorized Vehicle Use. Motorized vehicles are prohibited in Salt Creek Canyon above Peekaboo campsite.
(b) [Reserved]
[69 FR 32876, June 14, 2004]
§ 7.45 Everglades National Park.
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(a) Information collection. The information collection requirements contained in this section have been approved by the Office of Management and Budget under 44 U.S.C. 3501 et.seq., and assigned clearance number 1024–0026. This information is being collected to solicit information necessary for the Superintendent to issue permits used to grant administrative benefits. The obligation to respond is required in order to obtain a benefit.
(b) Prohibited conveyances. Only hand-propelled vessels may be operated upon those areas of emergent vegetation commonly called marshes, wetlands, or “the glades.” Operation of a motorized vessel in such areas is prohibited.
(c) Definitions. The following definitions shall apply to this section:
(1) Ballyhoo means a member of the genus Hemiramphus (family: Exocoetidae).
(2) Cast net means a type of circular falling net, weighted on its periphery, which is thrown and retrieved by hand.
(3) Commercial fishing means the activity of taking or harvesting, or attempting to take or harvest any edible or non-edible form of fresh or salt water aquatic life for the purpose of sale or barter.
(4) Dipnet means a hand-held device for obtaining bait, the netting of which is fastened in a frame.
(5) Guide fishing means the activity, of a person, partnership, firm, corporation, or other commercial entity to provide fishing services, for hire, to visitors of the park.
(6) Minnow means a fish used for bait from the family Cyprinodointidae, Poeciliidae, or Atherinidae.
(7) Mojarra or “goats” means a member of the family Gerreidae.
(8) Oyster means a mollusk of the suborder Ostraeaccea.
(9) Personal watercraft means a vessel powered by an outboard motor, water-jet or an enclosed propeller or impeller system, where persons ride standing, sitting or kneeling primarily on or behind the vessel, as opposed to standing or sitting inside; these craft are sometimes referred to by, but not limited to, such terms as “wave runner,” “jet ski,” “wet bike,” or “Sea-doo.”
(10) Pilchard means a member of the herring family (Clupeidae), generally used for bait.
(11) Pinfish means a member of the genus Lagodon (family: Spiradae).
(d) Fishing. (1) Fishing restrictions, based on management objectives described in the park's Resources Management Plan, are established annually by the Superintendent.
(2) The Superintendent may impose closures and establish conditions or restrictions, in accordance with procedures found at §§1.5 and 1.7 of this chapter, on any activity pertaining to fishing, including, but not limited to species of fish that may be taken, seasons and hours during which fishing may take place, methods of taking, and size, creel and possession limits.
(3) The following waters are closed to fishing:
(i) All waters of T. 58 S., R. 37 E., sections 10 through 15, inclusive, measured from Tallahassee meridian and base, in the vicinity of Royal Palm Visitor Center, except Hole in the Donut or Hidden Lake, and Pine Island Lake.
(ii) All waters in T.54 S., R. 36 E., sections 19, 30, and 31, and in T. 55 S., R. 36 E., sections 6, 7, 18, 19, and 30, measured from Tallahassee meridian and base, in the vicinity of Shark Valley Loop Road from Tamiami Trail south.
(4) A person engaged in guide fishing must possess a guide fishing permit issued by the Superintendent and administered under the terms of §1.6 of this chapter. Guide fishing without a valid permit is prohibited.
(5) Except for taking finfish, shrimp, bait, crabs, and oysters, as provided in this section or as modified under 36 CFR 1.5, the taking, possession, or disturbance of any fresh or saltwater aquatic life is prohibited.
(6) Methods of taking. Except as provided in this section, only a closely attended hook and line may be used for fishing activities within the park.
(i) Crabbing for stone or blue crabs may be conducted using attended gear only and no more than five (5) traps per person. Persons using traps must remain within one hundred (100) feet of those traps. Unattended gear or use of more than five (5) traps per person is prohibited.
(ii) Shrimp, mullet, and bait fish (minnows, pilchards, pinfish, mojarras, ballyhoo or bait mullet (less than eight (8) inches in total length) may be taken with hook and line, dipnet (not exceeding 3 feet at its widest point) or cast net, for use as bait or personal consumption.
(iii) A dipnet or cast net may not be dragged, trawled, or held suspended in the water.
(7) Tagging, marking, fin clipping, mutilation or other disturbance to a caught fish, prior to release is prohibited without written authorization from the Superintendent.
(8) Fish may not be fileted while in the park, except that:
(i) Up to four (4) filets per person may be produced for immediate cooking and consumption at designated campsites or on board vessels equipped with cooking facilities.
(ii) Fish may be fileted while at the designated park fish cleaning facilities, before transportation to their final destination.
(9) Nets and gear that are legal to use in State waters, and fish and other edible or non-edible sea life that are legally acquired in State waters but are illegal to possess in the waters of Everglades National Park may be transported through the park only over Indian Key Pass, Sand Fly Pass, Rabbit Key Pass, Chokoloskee Pass and across Chokoloskee Bay, along the most direct route to or from Everglades City, Chokoloskee Island or Fakahatchee Bay.
(i) Boats traveling through these passages with such nets, gear, fish, or other edible products of the sea must remain in transit unless disabled or weather and sea conditions combine to make safe passage impossible, at which time the boats may be anchored to await assistance or better conditions.
(ii) [Reserved]
(e) Boating. (1) The Superintendent may close an area to all motorized vessels, or vessels with motors greater than a specified horsepower, or impose other restrictions as necessary, in accordance with §§1.5 and 1.7 of this chapter.
(2) For purposes of this section, a vessel in which the motor(s) is (are) removed from the gunnels or transom and stored to be inoperable, is considered to be not motorized.
(3) The following areas are closed to all vessels:
(i) T. 54 S., R. 36 E., sections 19, 30, 31; T. 55 S., R. 36 E., sections 6, 7, 18, 19, and 30, bordering the Shark Valley Loop Road from the Tamiami Trail south.
(ii) Eco Pond, Mrazek Pond, Royal Palm Ponds except for Hidden Lake, Parachute Key ponds north of the Main Park Road, and Lake Chekika.
(4) The following inland fresh water areas are closed to the use of motorized vessels: Coot Bay Pond, Nine Mile Pond, Paurotis Pond, Sweetbay Pond, Big Ficus Pond, Sisal Pond, Pine Glade Lake, Long Pine Key Lake, Tower Lake, Hidden Lake, Pine Island, and L–67 canal.
(5) The following coastal waters, designated by statute as wilderness (Pub. L. 95–625), are closed to the use of motorized vessels: Mud, Bear, East Fox, Middle Fox, Little Fox, and Gator Lakes; Homestead Canal; all associated small lakes on Cape Sable inland from Lake Ingraham; Cuthbert, Henry, Little Henry, Seven Palm, Middle, Monroe, Long, and the Lungs Lakes; Alligator Creek from the shoreline of Garfield Bight to West Lake; all inland creeks and lakes north of Long Sound, Joe Bay, and Little Madeira Bay except those ponds and lakes associated with Taylor River.
(6) Except to effect a rescue, or unless otherwise officially authorized, no person shall land on keys of Florida Bay except those marked by signs denoting the area open, or on the mainland shorelines from Terrapin Point eastward to U.S. Highway 1, including the shores of all inland bays and waters and those shorelines contiguous with Long Sound, Little Blackwater Sound, and Blackwater Sound.
(7) West Lake Pond and West Lake shall be closed to all vessels when they are being used by feeding birds. At all other times, these areas shall be open only to hand-propelled vessels or Class A motorboats powered by motors not to exceed 6 horsepower.
(8) Launching, and or operating a personal watercraft is prohibited in the park.
(9) Vessels used as living quarters shall not remain in or be operated in the waters of the Park for more than 14 days without a permit issued by the Superintendent. Said permit will prescribe anchorage location, length of stay, sanitary requirements and such other conditions as considered necessary.
(f) Violation of any of the provisions of §7.45 is prohibited.
[59 FR 58785, Nov. 15, 1994; 60 FR 6022, Feb. 1, 1995]
§ 7.46 Virgin Islands Coral Reef National Monument.
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(a) Extractive uses. (1) All extractive uses are prohibited within the boundaries of the Monument, including, but not limited to, harvest or collection of fish, coastal migratory pelagic fish, baitfish, lobsters, conch, whelk, corals, sponges and all associated reef invertebrates, and sand, water, plants, seeds, fruit, marine mammals, marine birds, gas, minerals, and rocks.
(2) All submerged cultural resources are protected under the Archeological Resource Protection Act and the Abandoned Shipwrecks Act.
(b) Exceptions. (1) Exceptions to prohibited extractive uses are limited to bait fishing at Hurricane Hole and blue runner (hardnose) line fishing in the area south of St. John. The Superintendent shall issue permits for such uses.
(2) Bait fishing shall be permitted with cast net at a distance greater than ten feet from the seaward edge of the mangrove prop root system.
(3) A maximum of three gallons of baitfish is allowed per fisherman per day.
(4) Blue runner shall be caught using hand lines and chum (a mixture of ground up baitfish and sand to attract the fish).
(5) Any fish caught other than blue runner shall be released.
(6) Vessels involved in the catch of blue runner may use moorings designated for that purpose.
(c) Marine Operations. No dredging, excavating, or filling operations of any kind are permitted, and no equipment, structures, by-product or excavated materials associated with such operations may be deposited in or on the waters or ashore within the boundaries of the monument.
(d) Wrecks. No person shall destroy or molest, remove, deface, displace or tamper with wrecked or abandoned waterborne craft of any type or condition, submerged cultural resources, or any cargo pertaining thereto, unless permitted in writing by an authorized official of the National Park Service.
(e) Boats. (1) No watercraft shall operate in such a manner, nor shall anchors or any other mooring device be cast or dragged or placed, so as to strike or otherwise cause damage to any underwater feature.
(2) All watercraft, carrying passengers, for hire, shall comply with applicable regulations and laws of the U.S. Coast Guard and Territory of the Virgin Islands.
(3) Anchoring will only be permitted in emergency situations to protect life and property.
(4) Anchoring shall only be permitted from 48 hours prior to landfall of the hurricane to 48 hours following passage of the hurricane.
(5) No lines or ropes shall be attached to mangroves or other shoreline vegetation.
[68 FR 16435, Apr. 4, 2003]
§ 7.47 Carlsbad Caverns National Park.
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(a) Cave entry. (1) With the exception of the regular trips into Carlsbad Caverns under the guidance or supervision of employees of the National Park Service, no person shall enter any cave or undeveloped part or passage of any cave without a permit.
(2) Permits. The Superintendent may issue written permits for cave entry without escort only to persons engaged in scientific or educational investigations. The Superintendent shall approve issuance of a permit provided:
(i) That the investigation planned will have demonstrable value to the National Park Service in its management or understanding of park resources, and
(ii) That the permit applicant is adequately equipped and experienced so as to ensure the protection and preservation of park resources.
(3) Solo exploration. Solo exploration or investigation is not permitted in any cave or undeveloped part or passageway of any cave within the park.
[34 FR 8356, May 30, 1969, as amended at 41 FR 24123, June 15, 1976; 48 FR 30295, June 30, 1983]
§ 7.48 Lake Mead National Recreation Area.
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(a) Aircraft, designated airstrips. (1)(i) The entire water surface of Lakes Mead and Mohave are designated landing areas, except as restricted in §2.17 of this chapter.
(ii) Aircraft may not be operated under power on those water surface areas designated as special anchorages, including fairways, as defined in 33 CFR 110.127.
(2) Temple Bar landing strip, located at approximate latitude 36°01' N., approximate longitude 114°20' W.
(3) Pearce Ferry landing strip, located at approximate latitude 30°04'37" N., approximate longitude 114°02'44" W.
(4) Cottonwood landing strip located at approximate latitude 35°29' N., approximate longitude 114°40' W.
(5) [Reserved]
(6) Echo Bay landing strip located at approximate latitude 36°19' N., approximate longitude 114°27' W.
(b) Powerless flight. The use of devices designed to carry persons through the air in powerless flight is allowed except in harbors, swim beaches, developed areas, and in other locations designated as closed to this activity.
(c) Parking. Vehicles or boat trailers, or vehicle/boat trailer combinations, may be left unattended for periods up to 7 days, when parked in parking areas adjacent to designated boat launching sites, without written permission obtained in advance from the superintendent. Any vehicle or boat trailer or vehicle/boat trailer combination which is left in parking areas adjacent to designated boat launching sites in excess of 7 days without written permission obtained in advance from the superintendent may be impounded by the superintendent.
(d) Water sanitation. All vessels with marine toilets so constructed as to permit wastes to be discharged directly into the water shall have such facilities sealed to prevent discharge. Chemical or other type marine toilets with approved holding tanks or storage containers shall be permitted but will be discharged or emptied only at designated sanitary pumping stations.
(e) Fishing. Unless otherwise designated, fishing in a manner authorized under applicable State law is allowed.
(f) The Superintendent may exempt motor vessels participating in a regatta that has been authorized by permit issued by the Superintendent from the noise level limitations imposed by §3.7 of this chapter.
(g) Personal Watercraft. (1) A person may launch and operate a personal watercraft in park waters or beach a personal watercraft on park lands, except in the following areas:
(i) In the designated Primitive area known as the Gypsum Beds, which is described as Arizona T31N; R20W Portions of sections 2, 3, 10 and 11; and
(ii) In the designated Primitive area known as the Virgin River, which is described as Nevada T36N; R68E Portions of Sections 25, 26, 34, 35, 36; and
(iii) In the designated Primitive/Semiprimitive area in Black Canyon, from the Willow Beach Harbor to Hoover Dam, prohibited from the first Tuesday following Labor Day weekend through Friday of Memorial Day weekend; and prohibited only on Sundays and Mondays from the Sunday of Memorial Day weekend through the Monday of Labor Day weekend, which is described as Nevada T22S; R65E Portions of Sections 32; T23S; R65E Portions of Sections 5, 8, 17, 20, 21, 28, 29, 34; T23 1/2S; R65E Portions of Sections 34; T23S; R65E Portions of Sections 1, 2, and 12. Arizona T30N; R23W Portions of Sections 3, 10, 15, 22, 27, 34; T29N; R23W Portions of Sections 2, 12, 13; T29N; R22W Portions of Sections 18, 19, 20, 29; and
(iv) In the designated Semiprimitive area known as the Muddy River Confluence with Lake Mead (Overton Wildlife Management Area), which is described as Nevada T16S; R68E Portions of Sections 28, 29, 32, 33 and 34 and T17; R68E; and
(v) In the designated Semiprimitive area known as Grand Wash Bay, which is described as Arizona T33N; R16W Portions of Sections 16, 17, 21, 22, 27, 28, 29, 33 and 34, and T32 1/2 N; R16W Portions of Sections 32 and 33; and
(vi) In the designated Semiprimitive area known as Bonelli Bay, which is described as Arizona T31N; R20W Portions of Sections 4, 5, 7, 8, 9, 16, 17, 18, 19, 20, 21, 29 and 30.
(2) A person may not operate a personal watercraft at a speed in excess of flat wake speed within 200 feet of any beach occupied by bathers, boats at the shoreline, or persons in the water or at the shoreline.
(3) After December 31, 2012, no one may operate a personal watercraft that does not meet the 2006 emission standards set by EPA for the manufacturing of two-stroke engines. A person operating a personal watercraft that meets the EPA 2006 emission standards through the use of direct-injection two-stroke or four-stroke engines, or the equivalent thereof, is not subject to this prohibition and will be allowed to operate as described in this section.
(4) The Superintendent may limit, restrict, or terminate access to the areas designated for PWC use after taking into consideration public health and safety, natural and cultural resource protection, and other management activities and objectives.
[32 FR 15751, Nov. 16, 1967, as amended at 34 FR 1950, Feb. 11, 1969; 34 FR 18857, Nov. 26, 1969; 36 FR 21881, Nov. 17, 1971; 38 FR 5245, Feb. 27, 1973; 49 FR 18450, Apr. 30, 1984; 53 FR 29681, Aug. 8, 1988; 68 FR 17306, Apr. 9, 2003]
§ 7.49 [Reserved]
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§ 7.50 Chickasaw Recreation Area.
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(a) Fishing. Unless otherwise designated, fishing in a manner authorized under applicable State law is allowed on Arbuckle Reservoir and Veterans Lake.
(b) Personal watercraft (PWC). (1) PWC may operate on Lake of the Arbuckles except in the following closed areas:
(i) The Goddard Youth Camp Cove.
(ii) A 150 foot wide zone around the picnic area at the end of Highway 110 known as “The Point”, beginning at the buoy line on the north side of the picnic area and extending south and east into the cove to the east of the picnic area.
(iii) The cove located directly north of the north branch of F Loop Road.
(iv) A 150 foot wide zone around the Buckhorn Campground D Loop shoreline.
(2) PWC may not be operated at greater than flat wake speed in the following locations:
(i) The Guy Sandy arm north of the east/west buoy line located near Masters Pond.
(ii) The Guy Sandy Cove west of the buoy marking the entrance to the cove.
(iii) Rock Creek north of the east/west buoy line at approximately 034°27'50" North Latitude.
(iv) The Buckhorn Ramp bay, east of the north south line drawn from the Buckhorn Boat Ramp Breakwater Dam.
(v) A 150 foot wide zone along the north shore of the Buckhorn Creek arm starting at the north end of the Buckhorn Boat Ramp Breakwater Dam and continuing southeast to the Buckhorn Campground D Loop beach.
(vi) The cove south and east of Buckhorn Campground C and D Loops.
(vii) The cove located east of Buckhorn Campground B Loop and adjacent to Buckhorn Campground A Loop.
(viii) The second cove east of Buckhorn Campground B Loop, fed by a creek identified as Dry Branch.
(ix) Buckhorn Creek east of the east/west buoy line located at approximately 096°59'3.50" Longitude, known as the G Road Cliffs area.
(x) Within 150 feet of all persons, docks, boat launch ramps, vessels at anchor, vessels from which people are fishing, and shoreline areas near campgrounds.
(3) PWC may only be launched from the following boat ramps:
(i) Buckhorn boat ramp.
(ii) The Point boat ramp.
(iii) Guy Sandy boat ramp.
(iv) Upper Guy Sandy boat ramp.
(4) The fueling of PWC is prohibited on the water surface. Fueling is allowed only while the PWC is away from the water surface and on a trailer.
(5) The Superintendent may temporarily limit, restrict or terminate access to the areas designated for PWC use after taking into consideration public health and safety, natural and cultural resource protection, and other management activities and objectives.
[49 FR 18451, Apr. 30, 1984, as amended at 69 FR 53640, Sept. 2, 2004]
§ 7.51 Curecanti Recreation Area.
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(a) Hunting. Hunting is allowed at times and locations designated as open for hunting.
(b) Trapping. Trapping is allowed at times and locations designated as open for trapping.
(c) Snowmobiles. Snowmobiles are permitted to operate within the boundaries of Curecanti National Recreation Area provided:
(1) That the operators and machines conform to the laws and regulations governing the use of snowmobiles as stated in this chapter and those applicable to snowmobile use promulgated by the State of Colorado where they prove to be more stringent or restrictive than those of the Department of the Interior.
(2) That their use is confined to the frozen surface of Blue Mesa Lake, and designated access roads. A map of areas and routes open to snowmobile use will be available in the office of the superintendent.
(3) That for the purposes of this section, snowmobile gross weight will be limited to a maximum of 1200 lbs. (machine and cargo) unless prior permission is granted by the superintendent.
[49 FR 18451, Apr. 30, 1984, as amended at 49 FR 34480, Aug. 31, 1984]
§ 7.52 Cedar Breaks National Monument.
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(a) Snowmobiles. (1) During periods when snow depth prevents regular vehicular travel in the Monument, snowmobiling will be permitted on the main Monument road and parking areas from the south boundary to the north boundary and on the Panguitch Lake road from its junction with the main Monument road east to the east park boundary. In addition, the paved walkway from the Visitor Center parking lot to the Point Supreme overlook is also open for snowmobile travel.
(2) On roads designated for snowmobile use, only that portion of the road or parking area intended for other motor vehicle use may be used by snowmobile. Such roadway is available for snowmobile use only when the designated road or parking area is closed by snow depth to all other motor vehicle use by the public. These routes will be marked by signs, snow poles, or other appropriate means. (continued)