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(vi) If you make a rut or hole while freeing a stuck vehicle, you must fill the rut or hole before you remove the vehicle from the immediate area.
(5) What activities are prohibited? The following are prohibited:
(i) Driving off a designated oversand route.
(ii) Exceeding a speed of 15 miles per hour unless posted otherwise.
(iii) Parking a vehicle in an oversand route so as to obstruct traffic.
(iv) Riding on a fender, tailgate, roof, door or any other location on the outside of a vehicle.
(v) Driving a vehicle across a designated swimming beach at any time when it is posted with a sign prohibiting vehicles.
(vi) Operating a motorcycle on an oversand route.
(6) What special equipment must I have in my vehicle? You must have in your vehicle all the equipment required by the Superintendent, including:
(i) Shovel;
(ii) Tow rope, chain, cable or other similar towing device;
(iii) Jack;
(iv) Jack support board;
(v) Low air pressure tire gauge; and
(vi) Five tires that meet or exceed established standards.
(7) What requirements must I meet to operate an oversand vehicle? You may operate an oversand vehicle only if you first obtain an oversand permit from the Superintendent. The Superintendent administers the permit system for oversand vehicles and charges fees that are designed to recover NPS administrative costs.
(i) The oversand permit is a Special Use Permit issued under the authority of 36 CFR 1.6 and 4.10. You must provide the following information for each vehicle for which you request a permit:
(A) Name and address of registered owner;
(B) Driver's license number and State of issue;
(C) Vehicle license plate number and State of issue; and
(D) Vehicle description, including year, make, model and color; make, model and size of tires.
(ii) Before we issue a permit, you must:
(A) Demonstrate that your vehicle is equipped as required in paragraph (a)(6) of this section;
(B) Provide evidence that you have complied with all Federal and State licensing registering, inspecting and insurance regulations; and
(C) View an oversand vehicle operation educational program and ensure that all other potential operators view the same program.
(iii) The Superintendent will affix the permit to your vehicle at the time of issuance.
(iv) You must not transfer your oversand permit from one vehicle to another.
(8) What requirements must I meet to operate an oversand vehicle in the off season? To operate an oversand vehicle between November 16 and April 14, you must obtain from the Superintendent an oversand permit and a limited access pass. We will issue you a limited access pass if you have a valid oversand permit (see paragraph (a)(7) of this section) and if you have viewed an educational program that outlines the special aspects of off season oversand use.
(i) You may operate a vehicle during the off-season only on the portion of the beach between High Head and Hatches Harbor.
(ii) You must not operate a vehicle during the off-season within two hours either side of high tide.
(iii) We may issue a limited access pass for the following purposes:
(A) Access to town shellfish beds at Hatches Harbor;
(B) Recovery of personal property, flotsam and jetsam from the beach;
(C) Caretaker functions at a dune cottage; or
(D) Fishing.
(9) What requirements must I meet to use an oversand vehicle for camping? You may use an oversand vehicle to camp on the beach only in the manner authorized in this section or as authorized by the Superintendent through another approved permitting process.
(i) You must possess a valid permit issued under paragraph (a)(7) of this section.
(ii) You may camp only in a self-contained vehicle that you park in a designated area. A self-contained vehicle has a self-contained water or chemical toilet and a permanently installed holding tank with a minimum capacity of 3 days waste material. There are two designated areas with a maximum combined capacity of 100 vehicles.
(A) You must drive the self-contained vehicle off the beach to empty holding tanks at a dumping station at intervals of no more than 72 hours.
(B) Before returning to the beach, you must notify the Oversand Station as specified by the Superintendent.
(iii) You must not drive a self-contained vehicle outside the limits of a designated camping area except when entering or leaving the beach by the most direct authorized route.
(iv) You are limited to a maximum of 21 days camping on the beach from July 1 through Labor Day.
(10) What special requirements must I meet if I have a commercial vehicle? (i) To operate a passenger vehicle for hire on a designated oversand route, you must obtain a permit from the Superintendent. The Superintendent issues the permit under the authority of 36 CFR 1.6, 4.10 and 5.6.
(ii) You must obey all applicable regulations in this section and all applicable Federal, State and local regulations concerning vehicles for hire.
(iii) You must provide the following information for each vehicle that will use a designated oversand route:
(A) Name and address of tour company and name of company owner;
(B) Make and model of vehicle;
(C) Vehicle license plate number and State of issue; and
(D) Number of passenger seats.
(11) How will the Superintendent manage the off-road vehicle program? (i) The Superintendent will issue no more than a combined total of 3400 oversand permits annually, including self-contained permits.
(ii) The Superintendent will monitor the use and condition of the oversand routes to review the effects of vehicles on natural, cultural, and aesthetic resources in designated corridors. If the Superintendent finds that resource degradation or visitor impact is occurring, he/she may amend, rescind, limit the use of, or close designated routes. The Superintendent will do this consistent with 36 CFR 1.5 and 1.7 and all applicable Executive Orders;
(iii) The Superintendent will consult with the Cape Cod National Seashore Advisory Commission regarding management of the off-road vehicle program.
(iv) The Superintendent will recognize and use volunteers to provide education, inventorying, monitoring, field support, and other activities involving off-road vehicle use. The Superintendent will do this in accordance with 16 U.S.C. 18 g–j.
(v) The Superintendent will report annually to the Secretary of the Interior and to the public the results of the monitoring conducted under this section, subject to availability of funding.
(12) What are the penalties for violating the provisions of this section? Violation of a term or condition of an oversand permit issued in accordance with this section is prohibited. A violation may also result in the suspension or revocation of the permit.
(13) Has OMB approved the collection of information in this section? As required by 44 U.S.C. 3501 et seq., the Office of Management and Budget has approved the information collection requirement contained in this section. The OMB approval number is 1024–0026. We are collecting this information to allow the Superintendent to issue off-road vehicle permits. You must provide the information in order to obtain a permit.
(b) Aircraft. (1) Land based aircraft may be landed only at the Provincetown Airport approximately one-half mile south of Race Point Beach in the Provincelands area.
(2) Float equipped aircraft may be landed only on federally controlled coastal water in accordance with Federal, State, and local laws and regulations.
(c) Motorboats. Motorboats are prohibited from all federally owned ponds and lakes within the seashore in Truro and Provincetown.
(d) Shellfishing. Shellfishing, by permit from the appropriate town, is permitted in accordance with applicable Federal, State, and local laws.
(e) Public nudity. Public nudity, including public nude bathing, by any person on Federal land or water within the boundaries of Cape Cod National Seashore is prohibited. Public nudity is a person's intentional failure to cover with a fully opaque covering that person's own genitals, pubic areas, rectal area, or female breast below a point immediately above the top of the areola when in a public place. Public place is any area of Federal land or water within the Seashore, except the enclosed portions of bathhouses, restrooms, public showers, or other public structures designed for similar purposes or private structures permitted within the Seashore, such as trailers or tents. This regulation shall not apply to a person under 10 years of age.
(f) Hunting. (1) Hunting is allowed at times and locations designated as open for hunting.
(2) Only deer, upland game, and migratory waterfowl may be hunted.
(3) Hunting is prohibited from March 1 through August 31 of each year.
[35 FR 8446, May 29, 1970, as amended at 40 FR 12789, Mar. 21, 1975; 40 FR 19197, May 2, 1975; 49 FR 18451, Apr. 30, 1984; 50 FR 31181, Aug. 1, 1985; 63 FR 9147, Feb. 24, 1998]
§ 7.68 Russell Cave National Monument.
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(a) Caves—(1) Closed Areas. Entering, exploring, or remaining within any cave area other than the public archeological exhibit without prior written permission of the Superintendent is prohibited.
(2) Permits. Permits for entry into other than public exhibit areas of the cave will be issued within limitations of safety provided the applicant satisfies the Superintendent that he has proper equipment for cave exploration, such as lighting equipment, protective headwear, and appropriate shoes or boots. Other reasonable administrative requirements may be imposed by the Superintendent provided reasonable notice of these requirements is given to the applicant.
(3) Solo Exploration. Solo exploration is not permitted in the caves other than in the public archeological exhibit areas.
[35 FR 7557, May 15, 1970]
§ 7.69 Ross Lake National Recreation Area.
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(a) Snowmobiles. After consideration of existing special situations, i.e., depth of snow, and depending on local weather conditions, and subject to any and all restrictions or prohibitions further imposed by the State of Washington on Highway 20, the superintendent may designate as open to the use of snowmobiles the following locations within the Ross Lake National Recreation Area:
(1) State Highway 20, that portion normally closed to motor vehicles during the winter season.
(2) The Hozomeen entrance road from the U.S./Canadian border to the end of the road at East Landing.
(3) Access and circulatory roads in the Hozomeen developed area normally open to public motor vehicle use.
(4) The Thornton Lake Road from State Highway 20 to Thornton Lake Trailhead parking area.
(5) The Damnation Creek Road from its junction with the Thornton Lake Road to the North Cascades National Park boundary.
(6) The Newhalem Creek Road from State Highway 20 to its junction with the down-river road on the south side of the Skagit River.
(7) The down-river road on the south side of the Skagit River from its junction with the Newhalem Creek Road to the end of the road across the Skagit River from the mouth of Sky Creek.
(b) Aircraft. The operation of aircraft is allowed on the entire water surface of Diablo Lake and Ross Lake, except that operating an aircraft under power on water surface areas within 1,000 feet of Diablo Dam or Ross Dam or on those posted as closed for fish spawning is prohibited.
(c) Weapons. The following location is designated for target practice between the hours of sunrise and sunset, subject to all applicable Federal, State, and local laws: in the SE 1/4 of sec. 19, and the NE 1/4 of sec. 30, T. 37 N., R. 12 E., WM, approximately 200 yards northwest of State Route 20 near mile marker 119, the area known as the Newhalem rifle range.
[49 FR 19652, May 9, 1984 as amended at 50 FR 51856, Dec. 20, 1985; 54 FR 48869, Nov. 28, 1989]
§ 7.70 Glen Canyon National Recreation Area.
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(a) Designated airstrips. (1) Wahweap, latitude 36°59'45" N., longitude 111°30'45" W.
(2) Bullfrog, latitude 37°33'00" N., longitude 110°42'45" W.
(3) Halls Crossing, latitude 37°28'10" N., longitude 110°42'00" W.
(4) Hite, latitude 37°53'30" N., longitude 110°23'00" W.
(5) Gordon Flats, latitude 38°10'30" N., longitude 110°09'00" W.
(6) The entire surface of Lake Powell, subject to the restrictions contained in §2.17 of this chapter.
(b) Unattended property. Vehicles or boat trailers, or vehicle/boat trailer combinations, may be left unattended for periods of up to 14 days, when parked in parking areas adjacent to designated boat launching sites, without the prior permission of the Superintendent. Any vehicle or boat trailer or vehicle/boat trailer combination which is left in parking areas adjacent to designated boat launching sites for over 14 days may be impounded by the Superintendent.
(c) Water sanitation. All vessels with marine toilets so constructed as to permit wastes to be discharged directly into the water shall have such facility 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.
(d) [Reserved]
(e) Colorado River white-water boat trips. The following regulations shall apply to all persons using the waters of, or Federally owned land administered by the National Park Service along the Colorado River within Glen Canyon National Recreation Area, from the Lees Ferry launch ramp downstream to the eastern boundary of Grand Canyon National Park:
(1) No person shall operate a vessel engaging in predominantly upstream travel or having a total horsepower in excess of 55 without a permit from the Superintendent.
(2) U.S. Coast Guard approved life preservers shall be worn by every person while traveling in boats or rafts on this section of the river, or while lining or portaging near rough water. One extra preserver must be carried on each vessel for each ten (10) passengers.
(3) No person shall conduct, lead or guide a river trip through Glen Canyon Recreation Area unless such person possesses a permit issued by the Superintendent of Grand Canyon National Park. The National Park Service reserves the right to limit the number of such permits issued, or the number of persons traveling on trips authorized by such permits when in the opinion of the National Park Service such limitations are necessary in the interest of public safety or protection of the ecological and environmental values of the area.
(i) The Superintendent of Grand Canyon National Park shall issue a permit upon a determination that the person leading, guiding, or conducting a river trip is experienced in running rivers in white-water navigation of similar difficulty, and possesses appropriate equipment, which is identified in the terms and conditions of the permit.
(ii) No person shall conduct, lead, guide, or outfit a commercial river trip without first securing the above permit and possessing an additional permit authorizing the conduct of a commercial or business activity in the recreation area.
(iii) An operation is commercial if any fee, charge, or other compensation is collected for conducting, leading, guiding, or outfitting a river trip. A river trip is not commercial if there is a bona fide sharing of actual expenses.
(4) All human waste will be taken out of the Canyon and deposited in established receptacles, or will be disposed of by such means as is determined by the Superintendent.
(5) No person shall take a dog, cat, or other pet on a river trip.
(6) The kindling of a fire is permitted only on beaches. All fires must be completely extinguished only with water before abandoning the area.
(7) Swimming and bathing are permitted except in locations immediately above rapids, eddies, and riffles or near rough water.
(8) No camping is allowed along the Colorado River bank between the Lees Ferry launch ramp and the Navajo Bridge.
(9) All persons issued a river trip permit shall comply with all terms and conditions of the permit.
(f) Assembly and launching of river rafts and boats. The following regulations shall apply to all persons designated under paragraph (e) of this section (Colorado white-water trips):
(1) The assembly and launching of rafts or boats, and parking or storing of any related equipment or supplies is restricted to those areas designated by the Superintendent.
(2) Within such designated areas, the Superintendent may assign or limit space and designate time periods of operation for each individual river trip or operator.
(g) PWC. (1) A person may launch and operate a PWC in park waters or beach a PWC on park lands, except in the following areas:
(i) On the Colorado River between Glen Canyon Dam and the downstream river boundary of Glen Canyon National Recreation Area where it adjoins Grand Canyon National Park.
(ii) On the Colorado River upstream of Sheep Canyon.
(iii) On the San Juan River upstream of Clay Hills pullout.
(iv) On the Escalante River upstream of Coyote Creek.
(v) On the Dirty Devil River upstream of Utah Highway 95 bridge.
(2) A person may not operate a PWC at speed in excess of flat wake speed on the Escalante River from Cow Canyon to Coyote Creek.
(3) After December 31, 2012, no one may operate a PWC that does not meet the 2006 emission standards set by EPA for the manufacturing of two-stroke engines. A person operating a PWC that meets the EPA 2006 emission standards through the use of direct injection two-stroke or four-stroke engines, or the equivalent thereof, is not subject to this prohibition and will be allowed to operate as described in this section.
(4) The Superintendent may temporarily limit, restrict or terminate access to the areas designated for PWC use after taking into consideration public health and safety, natural and cultural resource protection, and other management activities and objectives.
[32 FR 5424, Mar. 31, 1967, as amended at 33 FR 11358, Aug. 9, 1968; 34 FR 2206, Feb. 14, 1969; 34 FR 11302, July 8, 1969; 36 FR 23294, Dec. 8, 1971; 40 FR 27030, June 26, 1975; 41 FR 27723, July 6, 1976; 42 FR 25857, May 20, 1977; 48 FR 30295, June 30, 1983; 68 FR 55465, Sept. 26, 2003]
§ 7.71 Delaware Water Gap National Recreation Area.
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(a) [Reserved]
(b) Designated snowmobile routes. (1) A route in Middle Smithfield Township, Monroe County, Pennsylvania, bounded by the Delaware River on the east and Hidden Lake on the west. The route begins at the Smithfield Beach parking area and is in two loops. Loop One is a small trail approximately 3 miles long and follows the west bank of the Delaware River and closely parallels the east side of L. R. 45012 (commonly known as the River Road). Loop Two is approximately 6 miles long and begins at the northwest end of Loop One; it goes northeasterly between the Delaware River and River Road for about one mile until it crosses River Road; then southwesterly along the ridge which is south of Hidden Lake to a point opposite the west end of Hidden Lake, and then goes southeasterly until it returns to Loop One near River Road. Maps of the route are available at Smithfield Beach and at the office of the superintendent. Both loops are marked by appropriate signs.
(2) [Reserved]
(c) Technical rock climbing—(1) Definition. The term “technical rock climbing” is defined to mean climbing where such technical climbing aids as pitons, carabiners or snap links, ropes, expansion bolts, or other mechanical equipment are used to make the climb.
(2) Registration. Registration is required with the Superintendent prior to any technical rock climbing. The registrant is required to notify the Superintendent upon completion of the climb.
(d) Commercial Vehicles. (1) Notwithstanding the prohibition of commercial vehicles set forth at §5.6 of this chapter, the following commercial vehicles are authorized to use that portion of U.S. Highway 209 located within the Delaware Water Gap National Recreation Area:
(i) Those operated by businesses based within the recreation area;
(ii) Those operated by businesses which as of July 30, 1983, operated a commercial vehicular facility in Monroe, Pike, or Northampton Counties, PA, and the vehicle operation originates or terminates at such facility;
(iii) On a first come-first served basis, up to 125 northbound and up to 125 southbound commercial vehicles per day serving businesses or persons in Orange County, Rockland County, Ulster County or Sullivan County, New York; and
(iv) Those operated in order to provide services to businesses and persons located in or contiguous to the boundaries of the recreation area.
(2) Contiguous Areas. All land within the exterior boundaries of Lehman, Delaware, Milford, Dingman, Stroud, Westfall, Middle Smithfield, Smithfield and Upper Mount Bethel townships is deemed contiguous to the recreation area.
(e) Commercial vehicle fees—(1) Fee Schedule: Fees are charged for those commercial vehicular uses described in paragraphs (d)(1)(i), (ii) and (iii) of this section based on the number of axles and wheels on a vehicle, regardless of load or weight, as follows:
(i) Two-axle car, van or truck................................. $3
(ii) Two-axle vehicle with trailer............................. $5
(iii) Two-axle 6-wheeled vehicle............................... $8
(iv) Three-axle vehicle........................................ $10
(v) Four-axle vehicle.......................................... $13
(vi) Five or more-axle vehicle................................. $18
The fees charged are for one trip, one way.
(2) Exceptions. The following commercial vehicles are exempt from the commercial fee requirements.
(i) Vehicles necessary to provide services to businesses or persons within, or contiguous to the recreation area.
(ii) Any vehicle owned by a Federal, State or municipal agency.
(iii) Any vehicle owned or operated by a publicly owned utility company.
(iv) Any vehicle operated by a non-profit or educational organization.
(v) Any commercially licensed vehicle or vehicle otherwise identified as a commercial vehicle, when at that particular time it is being used for non-commercial purposes.
(f) 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.
(g) Fishing. Unless otherwise designated, fishing in any manner authorized under applicable State law is allowed.
[34 FR 13595, Aug. 23, 1969, as amended at 47 FR 4256, Jan. 29, 1982; 48 FR 30295, June 30, 1983; 48 FR 46780, 46782, Oct. 14, 1983; 49 FR 9421, Mar. 13, 1984; 49 FR 18451, Apr. 30, 1984; 50 FR 34130, Aug. 23, 1985; 51 FR 40419, Nov. 7, 1986; 52 FR 34777, Sept. 15, 1987; 69 FR 57181, Sept. 24, 2004]
§ 7.72 Arkansas Post National Memorial.
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(a) Launching, beaching, or landing of vessels. Except in emergencies, no vessel shall be launched, beached, or landed from or on lands within the Arkansas Post National Memorial.
[35 FR 13206, Aug. 19, 1970]
§ 7.73 Buck Island Reef National Monument.
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(a) Extractive uses. All extractive uses are prohibited within the boundaries of the Monument, including but not limited to harvest or collection (on the land or in the water) of fish for any use, marine mammals, coastal migratory pelagic fish, baitfish, lobsters, conch, whelk, hermit crabs (soldier crabs), seashells, corals, dead coral, sea fans, sponges and all associated reef invertebrates, plants, fruits and seeds, firewood, driftwood, rocks, sand, gas, oil, and minerals.
(b) Marine operations. No dredging, excavating or filling operations of any kind are permitted, and no equipment, structures, byproducts or excavated materials associated with such operations may be deposited in or on the waters or ashore within the boundaries of the Monument.
(c) Wrecks. No person shall destroy molest, remove, deface, displace or tamper with wrecked or abandoned waterborne craft of any type or condition, or any cargo pertaining thereto, unless permitted in writing by an authorized official of the National Park Service.
(d) Boats. (1) No watercraft shall operate in such a manner, nor shall anchors or any other mooring device be cast or dragged or placed, so as to strike or otherwise cause damage to any underwater features.
(2) Anchoring or maneuvering watercraft within the waters that contain underwater marked swimming trails and interpretive signs is prohibited.
(3) Anchoring is prohibited except by permit issued by the Superintendent for deep sand bottom areas or for administrative purposes.
(4) Anchoring will be allowed in emergency situations only to protect life and property.
(5) All watercraft, carrying passengers, for hire, shall comply with applicable regulations and laws of the U.S. Coast Guard and Territory of the Virgin Islands.
(e) Fishing. (1) All forms of fishing are prohibited including, but not limited to, spearfishing, rod and reel, hand-line, nets, gill or trammel, traps or pots, snares, hooks, poison, cast nets, trawl, seine, and long-line.
(2) The use or possession of any type of fishing equipment or any of the items listed in paragraph (a) of this section is prohibited within the boundaries of the Monument.
[29 FR 17091, Dec. 15, 1964, as amended at 48 FR 30295, June 30, 1983; 68 FR 16435, Apr. 4, 2003]
§ 7.74 Virgin Islands National Park.
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(a) [Reserved]
(b) Marine operations. No dredging, excavating or filling operations of any kind are permitted, and no equipment, structures, byproducts or excavated materials associated with such operations may be deposited in or on the waters or ashore within the boundaries of the Park.
(c) Wrecks. No person shall destroy, molest, remove, deface, displace or tamper with wrecked or abandoned waterborne craft of any type or condition, or any cargo pertaining thereto unless permitted in writing by an authorized official of the National Park Service.
(d) Boats. (1) No watercraft shall be operated in such a manner, nor shall anchors or any other mooring device be cast or dragged or placed, so as to strike or otherwise cause damage to any underwater features.
(2) Anchoring or maneuvering watercraft within the waters that contain underwater marked swimming trails and interpretive signs is prohibited.
(3) Vessels desiring to enter Trunk Bay must enter and depart between the two outer buoys delineating the prescribed anchorage area, and shall anchor within described area, and no other, making sure the vessel will lie within this area regardless of wind or sea conditions: Except, that hand-propelled craft may be used to transport passengers and equipment between the anchorage area and the beach.
(4) All vessels carrying passengers for hire shall comply with applicable laws and regulations of the United States Coast Guard and Territory of the Virgin Islands.
(e) Fishing. (1) Taking of fishes or any other marine life in any way except with rod or line, the rod or line being held in the hand, is prohibited: Provided, That fish may be taken by pots or traps of conventional Virgin Islands design and not larger than five feet at the greatest dimension, and bait fish may be taken by nets of no greater overall length than 20 feet and of mesh not larger than 1 inch stretched: Provided further, That paragraphs (e) (3), (4), and (5) of this section shall apply.
(2) The use or possession of any type of spearfishing equipment within the boundaries of the park is prohibited.
(3) The species of crustaceans known as Florida Spiny Lobster (Panulirus argus) may be taken by hand or hand-held hook. No person shall take female lobsters with eggs; or take more than two lobsters per person per day; or have in possession more than two days' limit: Provided, That paragraph (e)(5) of this section shall apply.
(4) Species of mollusks commonly known as whelks and conchs may be taken by hand. No person shall take more than two conchs or one gallon of whelks, or both, per day, or have in possession more than two days' limit: Provided, That paragraph (e)(5) of this section shall apply.
(5) All known means of taking fish, crustaceans, mollusks, turtles, or other marine life are prohibited in Trunk Bay and in other waters containing underwater signs and markers.
[29 FR 17091, Dec. 15, 1964, as amended at 48 FR 30296, June 30, 1983]
§ 7.75 Padre Island National Seashore.
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(a) Off-road motor vehicle and motorcycle operation. (1) The following regulations pertain to the operation of motor vehicles and motorcycles off established roads and parking areas. The operation of such vehicles and motorcycles is subject also to the applicable provisions of part 4 of this chapter and paragraphs (e) and (g) of this section.
(i) No person may operate a motor vehicle or motorcycle without a valid operator's license or learner's permit in his possession; an operator who has a learner's permit must be accompanied by an adult who has a valid operator's license; a driver's license or learner's permit must be displayed upon the request of any authorized person.
(ii) In addition to the requirements of §4.10 of this chapter, every motor vehicle and motorcycle must have an operable horn, windshield wiper or wipers (except motorcycles), brake light or lights, and rearview mirror.
(iii) Motor vehicles and motorcycles must have valid license plates.
(iv) Every motor vehicle and motorcycle must have a valid State vehicle inspection certificate when such certificate is required for highway use in the State in which the vehicle is licensed.
(v) When two motor vehicles or motorcycles meet on the beach, the operator of the vehicle in southbound traffic shall yield the right-of-way, where necessary, by turning out of the track to the right.
(2) Off-road motor vehicle and motorcycle use areas and routes. The following routes and areas are open to such vehicles: (i) Travel is permitted on all of the beach adjacent to the Gulf of Mexico, except for the approximately 4 1/2 miles of beach between the North and South Beach Access Roads.
(ii) The route west of Big Shell Beach, locally known as the Back Road. This route begins on the beach adjacent to the Gulf of Mexico approximately three miles south of Yarborough Pass and returns to the beach approximately 15 miles south of Yarborough Pass.
(iii) The route beginning on the beach adjacent to the Gulf of Mexico approximately 11 miles south of Yarborough Pass and ending with its intersection with the Back Road approximately one mile west of the beach. This route is locally known as the Dunn Ranch Road.
(iv) Travel is permitted in an area within 200 feet of the north bank of the Mansfield Channel, beginning on the beach adjacent to the Gulf of Mexico and ending approximately 3/4 mile west of the beach.
(b) Hunting. (1) Hunting is prohibited, except that during the open season prescribed by State and Federal agencies, the hunting of waterfowl is allowed upon the waters of Laguna Madre wherever a floating vessel of any type is capable of being operated, at whatever tide level may exist. Provided, however, that the waters surrounding North and South Bird Islands and other designated rookery islands are closed to all hunting as posted. Hunting, where authorized, is allowed in accordance with all applicable Federal, State and local laws for the protection of wildlife.
(2) The erecting of a structure for use as a hunting blind is prohibited except that a temporary blind may be used when removed at the end of each hunting day.
(c)–(d) [Reserved]
(e) Prohibited vehicle operations. The following operations are prohibited on and off established roads and parking areas.
(1) The use of ground effect or aircushion vehicles is prohibited.
(2) The use of vehicles propelled by the wind, commonly known as sail cars, is prohibited.
(3) Towing of persons behind vehicles on a sled, box, skis, surfboard, parachute, or in any other way is prohibited.
(4) Riding on fenders, tailgate, roof, or any other position outside of the vehicle is prohibited.
(f) [Reserved]
(g) Speed. Except where different speed limits are indicated by posted signs or markers, speed of automobiles and other vehicles shall not exceed 25 miles per hour where driving is permitted on the beach.
(h) Mineral exploration and extraction—(1) Scope. The regulations in this paragraph are made, prescribed, and published pursuant to the Act of September 28, 1962, 76 Stat. 651, 16 U.S.C. 459d–3 (1964), to provide for the occupation and use of so much of the surface of the land or waters within the Padre Island National Seashore—for all purposes reasonably incident to the mining and removal of oil and gas minerals and of other minerals which can be removed by similar means—in a manner that will be consistent with development of recreational facilities by the Secretary of the Interior, with surface use of the lands and waters in the Seashore by the public for recreational purposes and with preservation of the area's natural features and values. The provisions of these regulations shall govern also any right of occupation or use of the surface within the boundaries of the Seashore, granted by the Secretary subsequent to April 11, 1961, for the exploration, development, production, storing, processing or transporting of oil and gas minerals that are removed from outside the boundaries of the Seashore. They shall not apply to such rights of occupation or use existing on April 11, 1961, which are reasonably necessary.
(2) Operator. As used in this paragraph, an operator shall mean anyone who in accordance with the provisions of the aforesaid Act of September 28, 1962, possesses the right (whether as owner of a mineral interest, lessee, holder of operating rights, or otherwise), to mine or remove minerals from lands within the Padre Island National Seashore or the right to occupy or use the surface of Seashore lands for the exploration, development, production, storing, processing or transporting of oil and gas minerals that are removed from outside the boundaries of the Seashore.
(3)Exercise of non-Federal Oil and Gas Rights. Before entering the National Seashore for the purpose of conducting any operations pursuant to a mineral interest authorized under the Act providing for establishment of the Seashore, the operator shall comply with the requirements of part 9, subpart B of this chapter.
(4) All activities relating to the exercise of mineral interests which take place within the boundaries of the park shall be in accordance with an approved Plan of Operations.
(5) Applicability of State laws. All operators, as defined in subparagraph (2) of this paragraph shall abide by all rules and regulations as may be prescribed by the Texas Railroad Commission or other authority of the State of Texas.
[31 FR 3458, Mar. 5, 1966, as amended at 39 FR 40156, Nov. 14, 1974; 43 FR 6229, Feb. 14, 1978; 48 FR 30296, June 30, 1983; 51 FR 35647, Oct. 7, 1986; 52 FR 10686, Apr. 2, 1987]
§ 7.76 Wright Brothers National Memorial.
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(a) Designated airstrip. Wright Brothers National Memorial Airstrip, located at Kill Devil Hills, N.C.
(b) Use of airstrip. Except in emergencies, no aircraft may be parked, stopped, or left unattended at the designated airstrip for more than 24 consecutive hours, or for more than a total of 48 hours during any 30-day period.
[32 FR 2564, Feb. 7, 1967]
§ 7.77 Mount Rushmore National Memorial.
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(a) Climbing Mount Rushmore is prohibited.
[32 FR 13071, Sept. 14, 1967]
§ 7.78 Harpers Ferry National Historical Park.
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(a) All persons shall register at park headquarters before climbing any portion of the cliff face of Maryland Heights. A registrant shall check out, upon completion of climbing, in the manner specified by the registering official.
[34 FR 8356, May 30, 1969]
§ 7.79 Amistad Recreation Area.
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(a) Hunting. (1) Hunting is allowed at times and locations designated as open for hunting.
(2) The hunting season and species allowed to be taken will be designated on an annual basis by the superintendent.
(3) Deer, javelina, and turkey may be taken only by long bow and arrow. Water fowl and game birds may be taken only by shotguns and bird shot. The use of all other weapons for hunting is prohibited.
(b) Fishing. Unless otherwise designated, fishing in a manner authorized under applicable State law is allowed.
(c) Water sanitation. All vessels with marine toilets so constructed as to permit wastes to be discharged directly into the water shall have such facility 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.
(d) Personal Watercraft (PWC). (1) PWCs are allowed within Amistad National Recreation Area with the following exceptions:
(i) The following areas are closed to PWC use:
(A) Hidden Cave Cove (where marked by buoys), located on the Rio Grande.
(B) Painted Canyon (where marked by buoys), located on the Rio Grande.
(C) Seminole Canyon, starting 0.5 miles from the mouth of the Rio Grande.
(D) Government coves at Diablo East and Rough Canyon to include the water and shoreline to the top of the ridge/property line.
(E) All terrestrial cave and karst features.
(F) The Lower Rio Grande area below Amistad Dam.
(G) The water area extending 1000 feet out from the concrete portion of Amistad Dam.
(ii) PWC are prohibited from landing on any island posted as closed.
(2) The Superintendent may temporarily limit, restrict or terminate access to the areas designated for PWC use after taking into consideration public health and safety, natural and cultural resource protection, and other management activities and objectives.
[34 FR 6524, Apr. 16, 1969, as amended at 34 FR 15415, Oct. 3, 1969; 49 FR 18451, Apr. 30, 1984; 69 FR 30216, May 27, 2004]
§ 7.80 Sleeping Bear Dunes National Lakeshore.
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(a) Powerless flight. The use of devices designed to carry persons through the air in powerless flight is allowed at times and locations designated by the superintendent, pursuant to the terms and conditions of a permit.
(b) Fishing. Unless otherwise designated, fishing in a manner authorized under applicable State law is allowed.
[49 FR 18451, Apr. 30, 1984]
§ 7.81 Point Reyes National Seashore.
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(a) Powerless flight. The use of devices designed to carry persons through the air in powerless flight is allowed at times and locations designated by the superintendent, pursuant to the terms and conditions of a permit.
[49 FR 18451, Apr. 30, 1984]
§ 7.82 Apostle Islands National Lakeshore.
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(a) Fishing. Unless otherwise designated, fishing in a manner authorized under applicable State law is allowed.
(b) Snowmobiles. (1) Snowmobiles may be operated for authorized purposes in the following designated areas within the Lakeshore:
(i) The frozen surface of Lake Superior that surrounds every island from the shoreline out to the authorized boundary;
(ii) The frozen surface of Lake Superior from Sand Point to the mainland unit's eastern boundary;
(iii) The 1/4 mile section of the Big Sand Bay Road that passes through the park mainland unit to non-NPS property.
(2) Snowmobile use is authorized solely for the purpose of providing access for legal forms of:
(i) Ice fishing;
(ii) Hunting and trapping;
(iii) Winter camping;
(iv) Other non-motorized recreational activities; and
(v) Access to non-NPS property by owners, and to NPS properties by “use and occupancy” lessees and their guests.
(3) Snowmobiles may be used for administrative, law enforcement, and emergency services as determined by the Superintendent.
(4) Snowmobile use in areas and for purposes other than those stated in paragraphs (b)(1) and (b)(2) of this section is prohibited.
(5) Maps showing designated use areas are available at park headquarters.
(c) Off-road vehicles. (1) Off-road motor vehicles may be operated for authorized purposes in the following designated areas within the Lakeshore:
(i) The frozen surface of Lake Superior that surrounds every island from the shoreline out to the authorized boundary; and
(ii) The frozen surface of Lake Superior from Sand Point to the mainland unit's eastern boundary.
(2) Off-road motor vehicle use is authorized solely for the purpose of providing access for legal forms of:
(i) Ice fishing;
(ii) Hunting and trapping;
(iii) Winter camping;
(iv) Other non-motorized recreational activities; and
(v) Access to non-NPS property by owners, and to NPS properties by “use and occupancy” lessees and their guests.
(3) Off-road motor vehicles may be used for administrative, law enforcement, and emergency services as determined by the Superintendent.
(4) Off-road motor vehicle use in areas and for purposes other than those stated in paragraphs (c)(1) and (c)(2) is prohibited.
(5) Maps showing designated use areas are available at park headquarters.
(d) Ice augers and power engines. (1) Ice auger means a portable gasoline or electric powered engine connected to a rotating helical shaft for boring through the frozen surface of a lake.
(2) Power engine means a mobile gasoline or electric powered engine or device that is connected to a rotating saw blade or teeth linked in an endless chain for cutting through the frozen ice surface of a lake.
(3) Notwithstanding the requirements of 36 CFR 2.12(a)(3), operation of an ice auger or power engine is authorized on designated portions of Lake Superior for the specific purpose of cutting through the ice surface to provide access for legal ice fishing activity.
(4) Areas designated for use of an ice auger or power engine include:
(i) The frozen surface of Lake Superior that surrounds every island from the shoreline out to the authorized boundary; and
(ii) The frozen surface of Lake Superior from Sand Point to the mainland unit's eastern boundary.
(5) Maps showing designated use areas are available at park headquarters.
(6) Use of an ice auger or power engine on any land surface or frozen water surface outside of designated use areas is prohibited without a permit.
[49 FR 18451, Apr. 30, 1984, as amended at 70 FR 16716, Apr. 1, 2005]
§ 7.83 Ozark National Scenic Riverways.
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(a) Restrictions for motorized vessels. (1) On waters situated within the boundaries of Ozark National Scenic Riverways, the use of a motorized vessel is limited to a vessel equipped with an outboard motor only.
(2) For the purposes of this section, horsepower ratings on a particular motor will be based upon the prevailing industry standard of power output at the propeller shaft as established by the manufacturer.
(3) The use of a motorized vessel is allowed as follows:
(i) Above the Big Spring landing on the Current River and below Alley Spring on the Jacks Fork River with an outboard motor not to exceed 40 horsepower.
(ii) Above Round Spring on the Current River and above Alley Spring on the Jacks Fork River with an outboard motor not to exceed 25 horsepower.
(iii) Above Akers Ferry on the Current River from May 1 to September 15 with an outboard motor not to exceed 10 horsepower.
(iv) Above Bay Creek on the Jacks Fork River from March 1 to the Saturday before Memorial Day with an outboard motor not to exceed 10 horsepower.
(4) Operating a motorized vessel other than as allowed in §7.83(a) is prohibited.
(b) Scuba Diving. (1) Scuba diving is prohibited within all springs and spring branches on federally owned land within the boundaries of Ozark National Scenic Riverways without a written permit from the superintendent.
(2) Permits. The superintendent may issue written permits for scuba diving in springs within the boundaries of the Ozark National Scenic Riverways; Provided,
(i) That the permit applicant will be engaged in scientific or educational investigations which will have demonstrable value to the National Park Service in its management or understanding of riverways resources.
(ii) [Reserved]
(c) Commercial Activities. The activities listed herein constitute commercial activities which are prohibited within the boundaries of Ozark National Scenic Riverways, except in accordance with the provisions of a permit, contract, or other written agreement with the United States. The National Park Service reserves the right to limit the number of such permits, contracts or other written agreements, when, in the judgment of the Service, such limitation is necessary in the interest of visitor enjoyment, public safety, or preservation or protection of the resources or values of the Riverways.
(1) The sale or rental of any goods or equipment to a member or members of the public which is undertaken in the course of an ongoing or regular commercial enterprise.
(2) The performance of any service or activity for a member or members of the public in exchange for monetary or other valuable consideration.
(3) The delivery or retrieval within the boundaries of Ozark National Scenic Riverways of watercraft or associated boating equipment which has been rented to a member or members of the public at a location not within the Riverways, when such delivery or retrieval is performed by a principal, employee or agent of the commercial enterprise offering the equipment for rental and when these services are performed as an integral part, necessary complement, or routine adjunct of or to the rental transaction, whether or not any charge, either separately or in combination with any other charge, is made for these services.
(4) The performance, by a principal, employee, or agent of a commercial enterprise, within the boundaries of Ozark National Scenic Riverways of any other service or activity for which a fee, charge or other compensation is not collected, but which is an integral part, necessary complement, or routine adjunct of or to any commercial transaction undertaken by that enterprise for which monetary or other valuable consideration is charged or collected, even though such transaction is initiated, performed, or concluded outside the boundaries of the Riverways.
(5) The solicitation of any business, employment, occupation, profession, trade, work or undertaking, which is engaged in with some continuity, regularity or permanency for any livelihood, gain, benefit, advantage, or profit.
(d) Fishing. (1) Unless otherwise designated, fishing in a manner authorized under applicable State law is allowed.
(2) The superintendent may designate times and locations and establish conditions under which the digging of bait for personal use is allowed.
(e) Frogs, turtles and crayfish. (1) The superintendent may designate times and locations and establish conditions governing the taking of frogs, turtles and/or crayfish upon a written determination that the taking of frogs, turtles and/or crayfish:
(i) Is consistent with the purposes for which the area was established; and
(ii) Will not be detrimental to other park wildlife or the reproductive potential of the species to be taken; and
(iii) Will not have an adverse effect on the ecosystem.
(2) Violation of established conditions or designations is prohibited.
[38 FR 5851, Mar. 5, 1973, as amended at 41 FR 23959, June 14, 1976; 49 FR 18451, Apr. 30, 1984; 50 FR 43388, Oct. 25, 1985; 56 FR 30696, July 5, 1991; 56 FR 37158, Aug. 5, 1991]
§ 7.84 Channel Islands National Park.
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(a) [Reserved]
(b) Wrecks. No person shall destroy, molest, remove, deface, displace, or tamper with wrecked and abandoned water or airborne craft or any cargo pertaining thereto.
(c) Fishing. The taking of any fish, crustaceans, mollusk, or other marine life shall be in compliance with State regulations except that:
(1) No invertebrates may be taken in water less than five (5) feet in depth.
(2) The taking of abalone and lobsters for commercial purposes is prohibited in the following areas:
(i) Anacapa Island. Northside to exterior boundary of the monument between east end of Arch Rock 119°21'–34°01' and west end of island, 119°27'–34°01'.
(ii) Santa Barbara Island. Eastside to exterior boundary of monument 119°02'–33°28' and 119°02'–33°29'30".
(3)(i) The use of all nets is prohibited within the outer edge of the kelp line surrounding Anacapa and Santa Barbara Islands.
(ii) The use of trammel or gill nets is prohibited in less than 20 fathoms of water in all areas surrounding Anacapa and Santa Barbara Islands.
(4) The Superintendent shall require all persons fishing commercially within Channel Islands National Monument, on waters open for this purpose, to obtain an annual permit from him. Such permits shall be issued on request except that:
(i) Lobster permits for Anacapa and Santa Barbara Islands will be issued only to applicants who filed with the California State Department of Fish and Game fish receipts for lobsters caught at Anacapa and Santa Barbara Islands during the period July 1, 1968, to July 1, 1971.
(ii) Abalone permits for Anacapa and Santa Barbara Islands will be issued only to applicants who filed with the California State Department of Fish and Game fish receipts for abalone caught at Anacapa and Santa Barbara Islands during the period July 1, 1968, to July 1, 1971.
[38 FR 5622, Mar. 17, 1973, as amended at 48 FR 30296, June 30, 1983]
§ 7.85 Big Thicket National Preserve.
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(a) Hunting. Except as otherwise provided in this section, hunting is permitted in accordance with §2.2 of this chapter.
(1) Hunting is permitted only during designated seasons, as defined for game animals or birds by the State of Texas. During other periodsof the year, no hunting is permitted. (continued)