(a)Operation of seaplanes and amphibious aircraft.
(1) Aircraft may be operated on the waters within the boundaries of the Seashore surrounding Ship, Horn and Petit Bois Islands, but approaches, landings and take-offs shall not be made within 500 feet of beaches.
(2) Aircraft may be moored to island beaches, but beaches may not be used as runways or taxi strips.
(3) Aircraft operating in the vicinity of any developed facilities, boat docks, floats, piers, ramps or bathing beaches will remain 500 feet from such facilities and must be operated with due care and regard for persons and property and in accordance with any posted signs or uniform waterway markers.
(4) Aircraft are prohibited from landing on or taking off from any land surfaces; any estuary, lagoon, pond or tidal flat; or any waters temporarily covering a beach; except when such operations may be authorized by prior permission of the Superintendent. Permission shall be based on needs for emergency service, resource protection, or resource management.
(b)Off-road operation of motor vehicles—
(i) The operation of motor vehicles, other than on established roads and parking areas, is limited to oversand routes designated by the Superintendent in accordance with § 4.10(b) of this chapter. Operation of vehicles on these routes will be subject to all provisions of parts 2 and 4 of this chapter, as well as the specific provisions of this paragraph (b).
(ii) Oversand routes may be designated by the Superintendent in the following locations:
(A) In the eastern portion of Perdido Key, from the easternmost extension of the paved road to the east end of the island, excluding the Perdido Key Historic District near the former site of Fort McRee.
(B) In the westernmost portion of Santa Rosa Island, from the vicinity of Fort Pickens to the west end of the island.
(iii) Oversand routes designated by the Superintendent will be shown on maps available at park headquarters and other park offices. Signs at the entrance to each route will designate the route as open to motor vehicles.
Routes will be marked as follows:
(A) On beach routes, travel is permitted only between the water's edge and a line of markers on the landward side of the beach.
(B) On inland routes, travel is permitted only in the lane designated by pairs of markers showing the sides of the route.
(i) The Superintendent is authorized to establish a system of special recreation permits for oversand vehicles and to establish special recreation permit fees for these permits, consistent with the conditions and criteria of 36 CFR part 71.
(ii) No motor vehicle shall be operated on a designated oversand route without a valid permit issued by the Superintendent.
(iii) Permits are not transferable to another motor vehicle or to another driver. The driver listed on the permit must be present in the vehicle at any time it is being operated on an oversand route. Permits are to be displayed as directed at the time of issuance.
(iv) No permit shall be valid for more than one year. Permits may be issued for lesser periods, as appropriate for the time of year at which a permit is issued or the length of time for which use is requested.
(v) For a permit to be issued, a motor vehicle must:
(A) Be capable of four-wheel drive operation.
(B) Meet the requirements of § 4.10(c)(3) of this chapter and conform to all applicable State laws regarding licensing, registration, inspection, insurance, and required equipment.
(C) Contain the following equipment to be carried at all times when the vehicle is being operated on an oversand route: shovel; tow rope, cable or chain; jack; and board or similar support for the jack.
(vi) No permit will be issued for a two-wheel drive motor vehicle, a motorcycle, an all-terrain vehicle, or any vehicle not meeting State requirements for on-road use.
(vii) In addition to any penalty required by § 1.3 of this chapter for a violation of regulations governing the use of motor vehicles on oversand routes, the Superintendent may revoke the permit of the person committing the violation or in whose vehicle the violation was committed. No person whose permit has been so revoked shall be issued a permit for a period of one year following revocation.
(3)Operation of vehicles.
(i) No motor vehicle shall be operated in any location off a designated oversand route or on any portion of a route designated as closed by the posting of appropriate signs.
(ii) No motor vehicle shall be operated on an oversand route in excess of the following speeds:
(A) 15 miles per hour while within 100 feet of any person not in a motor vehicle.
(B) 25 miles per hour at all other times.
(iii) When two motor vehicles meet on an oversand route, both drivers shall reduce speed and the driver who is traveling south or west shall yield the right of way, if the route is too narrow for both vehicles.
(iv) The towing of trailers on oversand routes is prohibited.
(4)Information collection. The information collection requirements contained in § 7.12(b)(2) have been approved by the Office Management and Budget under 44 U.S.C. 3507 and assigned clearance number 1024-0017. The information is being collected to solicit information necessary for the Superintendent to issue ORV permits. This information will be used to grant administrative benefits. The obligation to respond is required to obtain a benefit.
(c)Personal Watercraft (PWC).
(1) PWCs may operate within Gulf Islands National Seashore except in the following closed areas:
(i) The lakes, ponds, lagoons and inlets of Cat Island, East Ship Island, West Ship Island, Horn Island, and Petit Bois Island;
(ii) The lagoons of Perdido Key within Big Lagoon;
(iii) The areas within 200 feet from the remnants of the old fishing pier and within 200 feet from the new fishing pier at Fort Pickens; and
(iv) Within 200 feet of non-motorized vessels and people in the water, except individuals associated with the use of the PWC.
(2) PWC may not be operated at greater than flat wake speed in the following locations:
(i) Within 0.5 mile from the shoreline or within 0.5 mile from either side of the pier at West Ship Island;
(ii) Within 0.5 mile from the shoreline on the designated wilderness islands of Horn and Petit Bois; and
(iii) Within 300 yards from all other park shorelines.
(3) PWC are allowed to beach at any point along the shore except as follows:
(i) PWC may not beach in any restricted area listed in paragraph (c)(1) of this section; and
(ii) PWC may not beach above the mean high tide line on the designated wilderness islands of Horn and Petit Bois.
(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.
[41 FR 29120, July 15, 1976, as amended at 46 FR 40875, Aug. 13, 1981; 52 FR 10686, Apr. 2, 1987; 71 FR 26244, May 4, 2006]
Title 36 published on 2014-07-01.
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