within park areas under the legislative jurisdiction of the United States.

§ 2.16 Intoxication; drug incapacitation.

Entering or remaining in a park area when manifestly under the influence of alcohol, narcotics or other drug, to a degree that may endanger oneself or other persons or property, or unreasonably annoy persons in the vicinity is prohibited.

§ 2.17 Lost and found articles.

All lost articles shall be deposited by the finder at the office of the Superintendent or at the nearest Ranger Station, leaving his name and address. § 2.18

Picnicking.

(a) In natural and historical areas picnicking is prohibited, except in those locations designated by the Superintendent by the posting of appropriate signs. The Superintendent may also establish reasonable limitations on the length of time any person or group of persons may use any picnicking facility by the posting of appropriate signs when such limitations are necessary for the accommodation of the visiting public.

(b) In recreational areas picnicking is permitted except in those locations designated by the Superintendent by the posting of appropriate signs. The Superintendent may also establish reasonable limitations on the length of time any person or persons may use any picnicking facility by the posting of appropriate signs when such limitations are necessary for the accommodation of the visiting public.

§ 2.19 Portable engines and motors.

The operation or use of a portable motor-driven electric generating plant, pump, or other equipment driven by a portable engine or motor outside any developed or public use area without written permission from the Superintendent, is prohibited. The Superintendent may issue a permit for the use if he determines that the applicant has submitted satisfactory justification for the use of such equipment, that natural resources will not be impaired, and that no undue interference with public enjoyment of the park area will result. This section does not apply to outboard motors in areas where outboard motorboating is permitted, nor does it apply to electric generating plants on vessels.

§ 2.20 Preservation of public property, natural features, curiosities, and re

sources.

(a) In natural and historical areas: (1) The possession, destruction, injury, defacement, removal or disturbance in any manner of any building, sign, equipment, monument, statue, marker, or other structure, or of any animal or plant matter and direct or indirect products thereof, including but not limited to petrified wood, flower, cone or other fruit, egg, nest, or nesting site, or of any soil, rock, mineral formation, phenomenon of crystallization, artifact, relic, historic or prehistoric feature, or of any other public property of any kind, is prohibited, except as otherwise provided in this section or in special regulations for a park area.

(2) The gathering or possession for personal consumption or use, of only such fruits and berries as the Superintendent may designate is permitted. All such fruits and berries shall be picked only by hand. The gathering or collecting of such objects for the purpose of sale is prohibited.

(3) The possession or use of any mineral or metal detecting device is prohibited: Provided, That possession of such a device within a motor vehicle is permitted if the device is broken down or packed in such a way as to prevent its use while in the park areas: Provided further, That the provisions of this section shall not apply to (i) fathometers, radar equipment and electronic equipment used primarily for the navigation and safe operation of boats and aircraft, and (ii) mineral or metal detecting devices used in pursuit of authorized mining activities.

(b) In recreational areas:

(1) The intentional or wanton destruction, defacement or removal of any natural feature or nonrenewable natural resource is prohibited.

(2) The intentional or wanton possession, destruction, injury, defacement, removal, or disturbance in any manner of any public building, sign, equipment, monument, marker, or other structure, or of any relic, artifact, ruin, or historic or prehistoric feature or of any other similar public property is prohibited.

(3) Gathering or collecting for personal use, reasonable quantities of natural products of a renewable nature, including, but not limited to, seashells, fruits, berries, driftwood, and marine deposits of natural origin is permitted.

The gathering or collecting of such products for the purpose of sale is prohibited.

(4) The destroying, digging, removing. or possessing of any tree, shrub, or other plant is prohibited.

(5) The gathering or collecting of small quantities of pebbles or small rocks by hand for personal use is permitted. The collection of such objects for the purpose of sale is prohibited.

(6) The possession or use of any mineral or metal detecting device is prohibited: Provided, That possession of such a device within a motor vehicle is permitted if the device is broken down or packed in such a way as to prevent its use while in the park areas: Provided further, That the provisions of this section shall not apply to (i) fathometers, radar equipment and electronic equipment used primarily for the navigation and safe operation of boats and aircraft, and (ii) mineral or metal detecting devices used in pursuit of authorized mining activities.

(c) Damaging or molesting crops or livestock is prohibited.

(d) Taking canes, umbrellas, sticks, or similar objects into caves or caverns is prohibited, except by permission of the Superintendent.

(e) The tossing, throwing, or rolling of rocks or other materials inside caves or caverns, into valleys or canyons or down bills and mountains is prohibited.

[31 F.R. 16651, Dec. 29, 1966, as amended at 34 F.R. 14170, Sept. 9, 1969]

NOTE: Regulations concerning archeological ruins and objects are found in 48 CFR 3. § 2.21

Public assemblies, meetings.

(a) Public meetings, assemblies, gatherings, demonstrations, parades and other public expressions of views are permitted within park areas on lands which are open to the general public provided a permit therefor has been issued by the Superintendent

(b) Any application for such a permit shall set forth the name of the applicant, the date, time, duration, nature and place of the proposed event, an estimate of the number of persons expected to attend, and a statement of equipment and facilities to be used in connection therewith. (c) The Superintendent shall issue a permit on proper application unless:

(1) A prior application for the same time and place has been made which has been or will be granted; or

(2) The event will present a clear and present danger to the public health or safety; or

(3) The event is of such nature or duration that it cannot reasonably be accommodated in the particular park area applied for.

(d) The permit may contain such conditions as are reasonably consistent with protection and use of the park area for the purposes for which it is maintained. It may also contain reasonable limitations on the time and area within which the event is permitted.

§ 2.22 Report of injury or damage.

All incidents resulting in injury to persons or damage to property (other than those specified in Parts 3 and 4), must be reported by the person or persons involved as soon as possible to the Superintendent. This report does not relieve persons from the responsibility of making any other accident reports which may be required under State law. § 2.23

Saddle and pack animals.

(a) Horses and other saddle or pack animals are permitted only on those trails or routes established for their use, except in those areas where crosscountry travel is permitted by the Superintendent.

(b) The use of horses or other saddle or pack animals upon the main-traveled or maintained portion of roadways is prohibited, except where such travel is necessary for ingress to and egress from trails or privately owned property, or is incidental to authorized travel.

(c) In the interest of the public safety and welfare the Superintendent, by special regulation, may require that saddle horse parties and pack trains shall be in the charge of a guide who has been licensed under State or local laws or who meets qualifications which may be established by the Superintendent, or both, if the Superintendent deems it necessary.

(d) Riding or hitching horses, or other saddle or pack animals in campgrounds, picnic areas, or within the immediate vicinity of trail shelters, eating or sleeping establishments or other areas of public gatherings, except where trails and facilities are designated or provided for such use, is prohibited.

(e) Riders shall slow their horses to a walk or slow trot when passing persons on foot or on bicycles.

§2.24 Sanitation.

(a) All garbage, papers, cans, bottles, waste materials and rubbish of any kind must be burned in authorized fires, or disposed of only at points or places designated for the disposal thereof, or removed from the area. All noncombustible waste materials shall be deposited only in places designated for the disposal of such materials or removed from the area.

(b) Draining or dumping refuse or wastes from any trailer, or other vehicle except in places or receptacles provided for such use is prohibited.

(c) Cleaning food or washing clothing or articles of household use at campground hydrants is prohibited.

(d) Polluting or contaminating in any manner any watershed, water supplies or water used for drinking purposes is prohibited.

(e) Fish entrails or other inedible parts of fish may be disposed of into salt waters except within 200 feet of boat docks or swimming areas but shall not be thrown into fresh waters or onto park area lands in areas of public concentration.

(f) Depositing any body waste in or on any portion of any comfort station or other public structure except into fixtures provided for that purpose is prohibited. Placing any bottle, can, cloth, rag, metal, wood, or stone substances in any of the plumbing fixtures in such station or structure is prohibited. All comfort stations shall be used in a clean, sanitary, and orderly manner.

(g) Urinating or defecating other than at the places provided therefor is prohibited, except in backcountry, wilderness or other remote areas.

(h) Using Government refuse containers or other refuse facilities for dumping household or commercial garbage or trash brought as such from private property is prohibited.

§ 2.25 Scientific specimens.

Unless specifically permitted by other regulations in this Part or in special regulations, the collection of plants, rocks, minerals, animal life, or other natural objects is permitted only in accordance with written permits obtained in advance from the Superintendent.

(a) No permits will be issued to individuals or associations to collect specimens for personal use, but only to persons officially representing reputable scientific or educational institutions in

11

procuring specimens for research, group study or museum display.

(b) Permits will be issued only on condition that the specimens taken will become part of a permanent public museum or herbarium collection, or will in some suitable way be made permanently available to the public.

(c) No permits may be granted for the collection of specimens the removal of which would disturb the remaining natural features or mar their appearance.

(d) Permits to secure rare natural objects will be granted by the Director only upon proof of special need for scientific use and of the fact that such objects cannot be secured elsewhere.

§ 2.26 Skating, skateboards.

The use of roller skates and skateboards is prohibited except in locations designated by the Superintendent by the posting of appropriate signs. § 2.27 Special events.

Sports events, pageants, reenactments, regattas, entertainments and the like, characterized as public spectator attractions, are prohibited unless written permission therefor has been given by the Superintendent. Such permits may be issued only after a finding that the issuance of such permit will not be inconsistent with the purposes for which the area is established and maintained, and will cause the minimum possible interference with use of the area by the general public. The permit may contain such reasonable conditions and restrictions as to duration and area occupied as are necessary for protection of the area and public use thereof.

§ 2.28 Swimming and bathing.

(a) Swimming and bathing are permitted except in waters and at times where such activities are prohibited in the interest of public health or safety, which excepted waters shall be designated by posted signs.

(b) The Superintendent may prohibit the use of flotation devices within designated swimming areas by the posting of appropriate signs.

(c) Swimming from vessels under way is prohibited.

(d) SCUBA diving is prohibited within the limits of designated swimming, boat mooring, and boat docking areas.

(e) The use of surfboards and similar devices is prohibited within the limits of designated swimming beaches.

§2.29 Tampering with vehicle or vessel.

Tampering or attempting to tamper with any vehicle, vessel or other equipment which is not lawfully in one's possession or control, or entering or going upon, moving or manipulating any of the parts or components of any vehicle, vessel or other equipment or starting or setting the same in motion, except under such lawful possession or control, are prohibited.

§ 2.30 Travel on Trails.

(a) In natural and historical areas, the use of bicycles, motorcycles and other motor vehicles is prohibited on trails, except that bicycles may be used on those trails designated for their use by posted signs.

(b) In recreational areas, the use of motorcycles and other motor vehicles on trails is prohibited except on trails designated by the Superintendent and posted for such use. The use of bicycles is permitted unless restricted by posted signs.

(c) Pedestrians on trails shall remain quiet when saddle or pack animals are passing. § 2.31

Water skiing.

(a) In natural and historical areas, the towing of water skis, surfboards, and similar devices by vessels is prohibited, except in waters specifically designated for such use by the Superintendent. Such designations shall be made on a map of the area which shall be available for public inspection in the office of the Superintendent, or by posted signs, or

both.

(b) In recreational areas, the towing of water skis, surfboards, and similar devices by vessels is permitted except in waters posted by appropriate markers or signs.

(c) Where towing is permitted in any area persons shall comply with the following conditions:

(1) Towing is permitted only between the hours of sunrise and sunset, except in connection with special events authorized by the Superintendent and for which special lighting is provided.

(2) There must be at least two persons in the vessel, with one, other than the operator, observing the progress of the person or persons being towed.

(d) Water skiers shall wear a lifesaving device. Skiers wearing a device which is not approved by the U.S. Coast

Guard must have such an approved lifesaving device readily available in the towing vessel.

(e) Water skiing is prohibited in channels or within 500 feet of harbors, swimming beaches, and mooring areas, or within 100 feet of any person swimming or diving.

§ 2.32 Wildlife; hunting.

(a) In natural and historical areas and national parkways:

(1) The hunting, killing, wounding, frightening, capturing, or attempting to kill, wound, frighten, or capture at any time of any wildlife is prohibited, except dangerous animals when it is necessary to prevent them from destroying human lives or inflicting personal injury.

(2) Except as otherwise provided herein, the feeding, touching, teasing, molesting, or intentionally disturbing any wildlife or nesting and related activities or phenomena thereof is prohibited.

(3) The regulations contained in this section shall be applicable to privately owned lands under the legislative jurisdiction of the United States within Glacier, Lassen Volcanic, Mesa Verde, Mount McKinley, Mount Rainier, Olympic, Rocky Mountain, Sequoia-Kings Canyon, Yellowstone and Yosemite National Parks.

(b) In recreational areas (except national parkways):

(1) Except as otherwise provided herein, hunting and trapping are permitted in accordance with all Federal, State and local laws and regulations applicable to these areas or portions thereof. Portions of the area in which hunting and trapping are not permitted shall be designated on a map of the area which will be available for public inspection in the office of the Superintendent and at other convenient places within the area, and may be posted on the ground.

(2) Any other hunting, killing, wounding, frightening, capturing, or attempts to kill, wound, frighten, or capture, or the feeding, touching, teasing, molesting, or intentional disturbance of any wildlife or nesting and related activities or phenomena thereof is prohibited, except when necessary to prevent dangerous animals from destroying human life or inflicting personal injury.

(c) The possession of unlawfully taken carcasses of wildlife or portions thereof is prohibited.

§ 2.33 Winter sports.

(a) Skiing, sledding, tobogganing, snowshoeing, skating, and other similar winter sports are permitted except upon roads and parking areas when such roads and parking areas are open to motor vehicle traffic and in other places where these activities are prohibited by posted signs.

(b) The towing of persons on skis, sleds, or other sliding devices is permitted only on routes or in locations designated by the Superintendent. Such designations may be made by marking on a map of the area which shall be available for public inspection at the park office, or by posting of signs.

AUTHORITY: The provisions of this Part 3 issued under secs. 1 and 3, 39 Stat. 535, as amended; sec. 1, 47 Stat. 1420; 60 Stat. 885, as amended; sec, 2, 49 Stat. 666; 16 U.S.C. 1, 3, 9a, 17j−2, 462, and acts relating to the individual areas.

SOURCE: The provisions of this Part 3 appear at 31 F.R. 16655, Dec. 29, 1966, unless otherwise noted.

§ 3.0 Applicable regulations.

In addition to the regulations contained in this part, the U.S. Coast Guard Regulations, Titles 33 and 46, Code of Federal Regulations, are applicable on navigable waters of the United States.

§3.1 Definitions.

(a) "Vessel" includes every type or description of craft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. This definition includes but is

not limited to the following: Boat, motorboat, houseboat, rowboat, powerboat, jet boat, fishing boat, towboat, scow, flatboat, sailboat, cruiser, motor vessels, ship, barge, tug, floating cabana, party boat, charter boat, ferryboat, canoe, raft, or any buoyant device permitting or capable of free floatation.

(b) "Motorboat" means any vessel propelled by machinery (including steam) of 65 feet or less in length, whether or not such machinery is the principal source of power.

(c) "Motor vessel" means any vessel propelled by machinery (except steam) over 65 feet in length, whether or not such machinery is the principal source of power.

(d) "Sailboat or sail vessel" means any vessel propelled solely by wind effect on the sail.

(e) "Hand-propelled vessel" means any vessel which is propelled by human muscular effort, which includes but is not limited to oars, paddles, or other contrivances, and upon which no mechanical propulsion device such as electric motor, steam, or internal combustion engine or sail is used for the operation of such vessel.

(f) "Machinery" includes an inboard or outboard engine and any other type of motor or mechanical device capable of propelling a vessel.

(g) “Length" refers to the overall length of the hull, extending from end to end over the deck, excluding sheer, measured in a straight line from the foremost part to the aftermost part of a vessel and parallel to the centerline. Bow sprits, bumpkins, rudders, outboard motor brackets and similar fittings or attachments are not to be included in the measurement. Length shall be stated in feet and inches.

(h) "Operator" refers to the person who operates or has charge of the navigation or use of a vessel.

(i) "Owner" means the person who claims lawful possession of a vessel by virtue of legal title or equitable interest therein which entitles him to such possession.

(j) "Point" means eleven and onequarter degrees of arc.

(k) "Visible" means visible on a dark night with a clear atmosphere.

(1) "Underway" means not at anchor or made fast to the shore or aground.