§ 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 11censed 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

11

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 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 and unlawful posses

sion.

Tampering with, possessing, or attempting to tamper with or possess personal property of any kind, or entering or going upon, moving or manipulating any of the parts or components of any such personal property, or starting or setting the same in motion, except when such property is under one's lawful control or possession, is prohibited.

[35 F.R. 12542, Aug. 6, 1970]

§ 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 wild

life 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. § 2.34 Snowmobiles.

(a) Definition. The term "snowmobile" shall include any device propelled

by a motor that is designed for oversnow travel.

(b) Registration. By the posting of appropriate signs or notices, the Superintendent may require registration prior to the operation of a snowmobile. The posting shall state how and where to register and may include a requirement that the registrant shall sign out upon trip completion.

(c) Use in designated areas. Snowmobile use is permitted only in snowmobile areas and on snowmobile routes designated by the Superintendent. A map or description of the designated areas and routes will be available in the Superintendent's office.

(d) Vehicle suitability. (1) A snowmobile shall at all times be equipped with a muffler in good working order to prevent excessive or unusual noise and annoying smoke. No person shall use a muffler cut-out, bypass, or similar device upon a snowmobile.

(2) A snowmobile shall be equipped with a forward-facing white headlight and a red taillight. These lights must be lighted, during its operation from a half hour after sunset to a half hour before sunrise and at any other time when persons and vehicles are not clearly discernible for a distance of 500 feet.

(3) A snowmobile that is a snowplane shall be equipped with an adequate propeller guard.

(e) Prohibited operations. (1) No person under the age of 16 shall operate a snowmobile unless under the direct supervision of a person 21 years of age or older who may not supervise the snowmobile use of more than one person under 16 years of age at any one time.

(2) Racing and other competitive uses are prohibited, except that when such uses may be characterized as public spectator attractions, a permit for these uses may be issued in accordance with the permit provisions of § 2.27 of this chapter, by the Superintendent of an area identified by Act of Congress as a national recreation area.

(f) Alcoholic beverages, reckless driving, collision or upset, registration. Sections 4.6, 4.14, 4.15, and 4.20, of this chapter shall apply to snowmobiles and are incorporated by reference into this section.

(g) Speed. (1) The maximum speed limit is 45 m.p.h. subject to further limitation as required under § 4.14 of this chapter, unless changed by special regu

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 conmetrivances, and upon which no chanical 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.

(m) "State" means a State or legal subdivision of the United States, Guam, the Virgin Islands, the Commonwealth of Puerto Rico, and the District of Columbia.

(n) A "boating accident" includes but is not limited to: Capsizing, collision, foundering, flooding, fire, explosion, and the disappearance of a vessel other than by theft.

(o) "Person" means an individual, partnership, firm, corporation, association, or other entity.

(p) "Navigable waters of the United States," as used in the rules and regulations of this part, shall be construed to mean those waters of the United States, including the territorial seas adjacent thereto, the general character of which is navigable, and which, either by themselves or by uniting with other waters, form a continuous waterway on which boats or vessels may navigate or travel between two or more States or to or from foreign nations. A stream which otherwise conforms with the above definition would not change its navigable character because of the existence of natural or artificial obstructions such as falls, shallows, rapids, dams, or bridges. Statutory declarations by Congress and decisions pronounced by the Federal courts as to the navigability of specific waters are binding.

(q) "Port" means the left side of a vessel looking from the stern toward the bow.

(r) "Starboard" means the right side of a vessel, looking from the stern toward the bow.

(s) "Stern" means the aft or rear end of the vessel.

(t) "Bow" means the forward part of a vessel.

(u) "Privately owned vessel" means any vessel other than one owned by or engaged in the official business of the Federal Government, or a State or any political subdivision thereof.

(v) "Uniform waterway markers" shall mean the waterway marker system generally accepted for use in various State and Federal areas which includes but is not limited to the following symbols and designations:

(1) Danger. Orange bordered diamond symbol on white background. Words placed within border may include "ROCK," "DAM," "SNAG," etc.

(2) Keep out. Orange bordered diamond symbol with cross on white background. Words placed outside the symbol may include "Dam," "Waterfall," "Domestic water," "Swim area," etc.

(3) Restricted area. Orange bordered circle on white background for regulating water use activity. Words placed within border may include "5 MPH," "No Swim," "No SCUBA," "Fishing Only," etc.

(4) Information. Orang e bordered

(a) The Superintendent may, by the posting of appropriate signs, require the issuance of a permit before any vessel is placed in or operated on the waters. He may also, consistent with regulations in this part, specify conditions of such permit. Where such permits are required, no vessel shall be operated in or on the waters without a permit. The permit must be carried within the vessel at all times and shall be exhibited upon request of any authorized person.

(b) In natural and historical areas, the launching or operating of any motorboat on waters which are not directly accessible by a designated public road is prohibited.

(a) No vessels, except those specifically exempt herein, which are propelled by machinery of more than 10 horsepower shall be allowed to operate in or on the waters unless such vessels have been documented by the Bureau of Customs, numbered by the U.S. Coast Guard, or numbered by a State having a numbering system approved by the U.S. Coast Guard as provided by the Federal Boating Act of 1958 (72 Stat. 1754). Such vessels shall be properly identified, and the required valid documents or certificates of number shall be carried on board.

(b) The following vessels are exempt from the requirements of paragraph (a) of this section: Foreign vessels temporarily using waters of the United States, Federal, State, and municipal vessels, vessels used exclusively for racing, and vessels operating under a valid temporary Certificate of Number.

§ 3.4 Motorboat classifications.

Motorboats subject to the provisions of the regulations of this part shall be divided into four classes as follows: Class A-Less than 16 feet in length.