(a)Authority. The Superintendent may close an area or restrict an activity on an emergency, temporary, or permanent basis.
(b)Criteria. In determining whether to close an area or restrict an activity on an emergency basis, the Superintendent shall be guided by factors such as public health and safety, resource protection, protection of cultural or scientific values, subsistence uses, endangered or threatened species conservation, and other management considerations necessary to ensure that the activity or area is being managed in a manner compatible with the purposes for which the park area was established.
(1) Emergency closures or restrictions relating to the taking of fish and wildlife shall be accomplished by notice and hearing.
(2) Other emergency closures shall become effective upon notice as prescribed in paragraph (f) of this section; and
(3) No emergency closure or restriction shall extend for a period exceeding 30 days, nor may it be extended.
(d)Temporary closures or restrictions.
(1) Temporary closures or restrictions relating to the taking of fish and wildlife, shall not be effective prior to notice and hearing in the vicinity of the area(s) directly affected by such closures or restrictions, and other locations as appropriate;
(2) Temporary closures shall be effective upon notice as prescribed in paragraph (f) of this section; and
(3) Temporary closures or restrictions shall not extend for a period exceeding 12 months and may not be extended.
(e)Permanent closures or restrictions. Permanent closures or restrictions shall be published as rulemaking in the Federal Register with a minimum public comment period of 60 days and shall be accompanied by public hearings in the area affected and other locations as appropriate.
(f)Notice. Emergency, temporary, and permanent closures or restrictions shall be:
(1) Published in at least one newspaper of general circulation in the State and in at least one local newspaper if available, posted at community post offices within the vicinity affected, made available for broadcast on local radio stations in a manner reasonably calculated to inform residents in the affected vicinity, and designated on a map which shall be available for public inspection at the office of the Superintendent and other places convenient to the public;
(2) Designated by the posting of appropriate signs; or
(g)Openings. In determining whether to open an area to public use or activity otherwise prohibited, the Superintendent shall provide notice in the Federal Register and shall, upon request, hold a hearing in the affected vicinity and other locations as appropriate prior to making a final determination.
(h)Facility closures and restrictions. The Superintendent may close or restrict specific facilities for reasons of public health, safety, and protection of public property for the duration of the circumstance requiring the closure or restriction. Notice of facility closures and restrictions will be available for inspection at the park visitor center. Notice will also be posted near or within the facility, published in a newspaper of general circulation in the affected vicinity, or made available to the public by such other means as deemed appropriate by the Superintendent. Violating facilities closures or restrictions is prohibited.
(i) Except as otherwise specifically permitted under the provisions of this part, entry into closed areas or failure to abide by restrictions established under this section is prohibited.
Title 36 published on 2013-07-01
The following are only the Rules published in the Federal Register after the published date of Title 36.
For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.