Title 36 of the Code of Federal Regulations is the listing of laws related to national parks. Section 1.5 allows park superintendents to establish visiting hours, designate closures of areas and activities, and impose certain limits. Such regulations are referred to as the Superintendent's Compendium and this document is updated regularly.
CODE OF FEDERAL REGULATIONS TITLE 36, CHAPTER 1
Compendium of Designations, Closures, Requests, Requirements, and Other Restrictions Imposed Under the Discretionary Authority of the Superintendent.
In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations, authorized by Title 54, United States Code, the following regulatory provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Biscayne National Park. These discretionary regulations are in addition to the other regulations published in Title 36 CFR, Chapter 1, Parts 1-7
Signed: Penelope Del Bene, Superintendent
Date: March 14, 2022
I. 36 CFR §1.5 – VISITING HOURS, PUBLIC USE LIMITS, CLOSURES, AND AREA DESIGNATIONS FOR SPECIFIC USE OR ACTIVITIES
(a)(1) Establish, for all or a portion of a park area, a reasonable schedule of visiting hours, impose public use limits, or close all or portion of a park area to all public use or to a specific use or activity.
A. Visiting Hours:
1. The public use area of Biscayne National Park on the mainland tract known as Convoy Point is closed to all visitor use from 5:30 p.m. until 7:00 a.m. seven (7) days per week, 365 days of the year, except when a special use permit exists and/or an approved operation and/or event is scheduled and/or emergency circumstances.
2. Unless otherwise authorized or because of emergency circumstances, the docks at Adams Key in Caesar Creek are closed to any mooring or docking of non-NPS vessels from sunset to sunrise. Adams Key is closed to public use during these hours as well.
3. Unless otherwise authorized or because of emergency circumstances, University Dock on Elliott Key is closed to any mooring or docking of non-NPS vessels from sunset to sunrise.
B. Public Use Limits In Reference To Vehicle Parking Restrictions:
1. The area of park road directly in front of the Dante Fascell Visitor Center at Convoy Point is closed to any vehicle parking and/or stopping and is designated as a fire lane. The only exception is the City of Homestead National Parks Trolley which has a stop located in this area. When in operation, this vehicle will stop/stand as scheduled.
2. The grassy area adjacent to the outbound and inbound gates next to the turn circle is closed to any vehicle parking and/or stopping. These grassy areas have “no parking” signs on them.
3. No parking on the grassy area on either side of the park’s main road. Vehicle parking on the shoulders of the entrance/main road at Convoy Point is prohibited.
4. Parking on the administrative/headquarters building is for authorized vehicles only unless authorized as overflow event parking. While in use as an overflow parking area this area remains closed to recreational use.
5. Parking in the four marked “island residents only” spaces at Convoy Point is prohibited by any other person other than an island resident or a guest of an island resident.
6. Any type of commercial bus will not be left with its engine running within the parking lots at Convoy Point for more than five minutes.
C. Closures (See Appendix A for map):
1. For the protection of artifacts, the portion of Biscayne National Park known as the Legare Anchorage within the area bounded by latitude 25°30 N and 25°29 N and longitude 80°08 W and 80°07 W is closed to the following activities:
Scuba diving, snorkeling, swimming, floating, and any activity that involves placing persons or equipment, on, in or under water. However, hook and line “drift” fishing is allowed.
Use of any underwater viewing device including, but not limited to, face masks, glass bottom boats, glass bottom buckets or cameras.
Anchoring any vessel at any time unless an emergency.
2. All Stiltsville structures are closed to the public/visitors except those individuals who possess a special use permit(s) issued by Biscayne National Park allowing for that use.
3. All residences at Elliott and Adams Key are closed to public use. This includes the housing unit itself and the area underneath and within 100’ from the house.
4. Jones Lagoon is closed to all motorized vessels.
5. Arsenicker Key, West Arsenicker Key, Mangrove Key, the small islands containing nesting waterbirds within Jones Lagoon, Soldier Key, and the waters within 300’ of all of these islands.
6. Swan Key, Fowey Rocks Lighthouse, and the rocky area past the jetty at Convoy Point known as the bird observation area is closed to public use.
7. The administrative/headquarters area is closed to public recreational use every day of the year.
8. Visitors entering the Boca Chita Lighthouse must meet a minimum height requirement of 42”.
9. Surfboards, kite boards or any other wind propelled hard rigid devices (not including sailboats) are prohibited in marked navigational channels.
1. Balloons: All areas of the park are closed for the sale or use of latex or mylar balloons.
2. Motorized wheelchairs and “Segway” vehicles: Motorized wheelchairs and “Segways” shall be permitted in all public and back country areas. Motorized wheelchair and/or Segway use will be allowed only for individuals eligible for Handicapped Vehicle license plates or similar federal criteria. Proof of disability must be carried at all times by persons using a motorized wheelchair and/or “Segway.” “Segway” mobility devices or similar gyroscopic stabilized devices shall be authorized for use by individuals meeting the criteria of having substantial mobility limitation in accordance with Title V of the Rehabilitation Act of 1973.
These devices are only allowed at Convoy Point. Within the Convoy Point area, these devices are allowed on park roads, paved parking areas, concrete sidewalks and/or areas as well as grass lawns. These devices may only be used at its slowest speed setting and limited to the cadence of a walking pedestrian, estimated to be no more than 2 to 3 miles per hour. Manufacturer safety features should be fully functioning and not be modified and all the manufacturer’s recommended personal protective equipment must be worn at all times while operating these devices. Homemade or experimental alternatives to wheelchairs will not be allowed.
3. Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Biscayne National Park is prohibited except as approved in writing by the superintendent.
The term "unmanned aircraft" means a device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device, and the associated operational elements and components that are required for the pilot or system operator in command to operate or control the device (such as cameras, sensors, communication links). This term includes all types of devices that meet this definition (e.g., model airplanes, quadcopters, drones) that are used for any purpose, including for recreation or commerce.
4. When the COVID-19 Community Level is LOW or MEDIUM in the county or all the counties where the park is located based on data provided by the Centers for Disease Control and Prevention (CDC), individuals are not required to wear masks.
When the COVID-19 Community Level is HIGH in the county or all the counties where the park is located based on data provided by the CDC, all individuals over the age of two must wear masks, regardless of vaccination status, in all common areas and work spaces in buildings owned, leased, or otherwise controlled by the National Park Service, including, but not limited to, park visitor centers, administrative offices, lodges, gift shops, and restaurants.
When the COVID-19 Community Level is HIGH in one or more, but not all, of the counties where the park is located based on data provided by the CDC, the superintendent will determine whether individuals are required to wear masks. The requirements, if any, will apply to all facilties within the park.
Masks must cover the nose and mouth and fit snugly around the nose and chin with no large gaps around the sides of the face. Masks not designed to be protective, masks with ventilation valves, and face shields do not meet the requirement.
Regardless of the COVID-19 Community Level, individuals may wear masks if they choose to do so. Where a state, local, tribal, or territorial government where the park is located imposes more protective mask-wearing requirements than those indicated by the COVID-19 Community Level, individuals must follow those more protective requirements within the park. More protective state, local, tribal, or territorial mask-wearing requirements are hereby adopted as federal requirements in all units of the National Park System located within that state, locality, area, subject to a federally recognized Indian tribe's regulatory juridiction, or territory, regardless of a particular park's juridictional status.
Additionally, all individuals must wear masks on public transportation conveyances and transportation hubs/facilities, to the extent required by current orders or directives issued by the CDC, the Transportation Security Administration (TSA), or other federal agencies with jurisdiction over those conveyances or areas. As of March 4, 2022, CDC and TSA orders or directives require all individuals regardless of vaccination status to wear masks in indoor areas of all forms of public transportation conveyances, including buses, trains, and boats/ferries, and in the indoor premises of transportation hubs/facilities. Individuals are not required to wear masks while outdoors on conveyances or while outdoors on the premises of transportation hubs/facilities.
II. 36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT
The following is a compilation of those activities for which a permit from the Superintendent is required:
1. §1.5(d) Entering closed areas
2. §2.5(a) Research and specimen collection
3. §2.10(a) Camping or mooring a vessel for more than 14 consecutive days or more than 30 days within a calendar year.
4. §2.50(a) Special events
5. §2.51(a) Demonstrations (See Appendix F for location of designated area)
6. §2.52(a) Sale or distribution of printed matter (See Appendix F for location of designated area)
7. §2.62(a) Memorialization
8. §3.19 Use of Submersibles (manned or unmanned)
9. §5.3 Business Operations
10. §5.5(a)(b) Commercial Filming/Still Photography and Audio Recording
III. 36 CFR §2.1 – PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES
1. 36 CFR 2.1 (a) (4) prohibits using or possessing wood gathered from within the park area. However, dead and down wood, including driftwood may be collected only from the immediate vicinity of the Elliott Key ocean side campground where a fire ring is located, as well as the developed areas of Adams Key where another fire ring is located.
2. 36 CFR 2.1(c)(1), “The superintendent may designate certain fruits, berries, nuts, or unoccupied seashells which may be gathered by hand for personal use or consumption upon a written determination that the gathering or consumption will not adversely affect park wildlife, the reproductive potential of a plant species, or otherwise adversely affect park resources.”
Collection, for personal use, of ripe coconuts found on the ground is permitted. Coconuts still on the trees may not be collected or disturbed.
Personal and commercial collecting of seashells, occupied or unoccupied, is prohibited to prevent the ecosystem from being adversely affected.
The harvest of blue land crabs is prohibited at Convoy Point.
IV. 36 CFR §2.3 – FISHING
Area closures apply. Fishing in the following waters is prohibited:
1. Within the area marked by buoys at the mouth of Boca Chita Key Harbor as well as within the harbor
2. Within the area marked by buoys at the mouth of Elliott Key Harbor as well as within the harbor. The only exception is that fishing from the maintenance dock just south of the main harbor is permitted.
3. The National Park Service boat basin at Park Headquarters at Convoy Point
4. The entrance/main road at Convoy Point
5. The northern side of Adams Key dock
6. On the northern end of the Convoy Point picnic area adjacent to the boardwalk, just east of the canoe ramp/launch area
7. Cast netting (also called a throw net) is prohibited at Convoy Point along the Convoy Point Jetty and foot bridge.
8. The collection of ornamental fish and ornamental reef organisms is prohibited.
V. 36 CFR 2.10 – CAMPING AND FOOD STORAGE
A. Elliott Key
1. Camping is only permitted in Elliott Key campground. Camping is also not allowed within twenty five feet (25’) of any structures on the island. Camping is not allowed within the clearing immediately north of the Elliott Key Visitor Center. All camping is on a “first come, first served” basis. (See Appendix B).
2. Camping and Marina Use Fees are due daily upon arrival OR no later than official sunset.
3. A Special Use Permit, issued by the superintendent, is required to camp or moor a vessel for more than 14 consecutive days, or more than 30 days within a calendar year.
4. Camping is permitted in the group site on Elliott Key through reservations made through the park’s campground coordinator. In the absence of a reservation, group sites are available on a first come, first served basis.
5. All food, lawfully taken fish, garbage, and equipment used to cook and store food, must be kept inside a closed, secure compartment aboard a vessel or within a latched container constructed of solid, non-pliable material. This restriction does not apply to food that is being transported, prepared, and consumed or aboard vessels at anchor or underway. All food, lawfully taken fish and garbage must be attended at all times when it is not stored in the above manner.
B. Boca Chita
1. Boca Chita Key campground is restricted to the areas designated on the map (See Appendix B) available from the Superintendent or available at the Dante Fascell Visitor Center at Convoy Point.
2. Camping is not allowed within the clearing north of the barn structure. All camping is on a “first come, first served” basis.
3. Camping and Marina Use Fees are due daily upon arrival OR no later than official sunset.
4. A Special Use Permit, issued by the superintendent, is required to camp or moor a vessel for more than 14 consecutive days or more than 30 days within a calendar year.
5. Camping is permitted in the group sites on Boca Chita Key through reservations made through the park’s campground coordinator. In the absence of a reservation, group sites are available on a first come, first served basis.
6. All food, lawfully taken fish, garbage, and equipment used to cook and store food, must be kept inside a closed, secure compartment aboard a vessel, or within a latched container constructed of solid, non-pliable material. This restriction does not apply to food that is being transported, prepared, and consumed or aboard vessels at anchor or under way. All food, lawfully taken fish and garbage must be attended at all times when it is not stored in the above manner.
VI. 36 CFR §2.15 – PETS
Pets are not permitted on Boca Chita Key, including on vessels tied to, or otherwise attached to the island. Service animals as defined under the ADA are permitted. Service animals are not subject to the park’s pet policies and, when accompanying an individual with a disability, they are allowed wherever visitors are allowed. A service animal means any dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability.
VII. 36 CFR §2.20 – SKATING, SKATEBOARDS and SIMILAR DEVICES
The use of roller skates, wheeled sneakers, skateboards, scooters, roller blades, coasting vehicles, or similar devices are allowed only in the following areas:
These devices are only allowed at Convoy Point. Within the Convoy Point area, these devices are allowed on park roads, paved parking areas, concrete sidewalks and/or areas as well as grass lawns.
“Segway” mobility devices or similar gyroscopic stabilized devices shall be authorized for use by individuals meeting the criteria of having substantial mobility limitation in accordance with Title V of the Rehabilitation Act of 1973. These devices are only allowed at Convoy Point. Within the Convoy Point area, these devices are allowed on park roads, paved parking areas, concrete sidewalks and/or areas as well as grass lawns. These devices may only be used at its slowest speed setting and limited to the cadence of a walking pedestrian, estimated to be no more than 2 to 3 miles per hour. Manufacturer safety features should be fully functioning and not be modified and all the manufacturer’s recommended personal protective equipment must be worn at all times while operating these devices. Homemade or experimental alternatives to wheelchairs are not permitted.
VIII. 36 CFR §3.2 – BOATING OPERATIONS
A. Slow speed/Minimum Wake zones established within Biscayne National Park (See Appendix C):
1. Within the area marked by buoys at the mouth of Boca Chita Key Harbor as well as within the harbor
2. Convoy Point and Black Point Channels
3. Caesar Creek Channel south of Adams Key to Porgy Key, including the navigational channel between markers 20 and 24
4. Parallel to the park’s mainland shoreline extending out 1000’ from the park’s northern boundary to the north end of Midnight Pass near the park’s southern boundary
B. Idle speed/No Wake zones established within Biscayne National Park (see Appendix D):
Within the area marked by idle speed/no wake zone buoys encompassing Sands Cut and University Dock which is defined as follows:
The entire area from the marked buoys headed west to the eastern shoreline of Elliot Key starting at the southwestern tip of Sands Key running south to the northern extent of Elliott Key Harbor. C. Non-combustion engine use zone established within Featherbed Banks Biscayne National Park (see Appendix E): Within the shallow seagrass areas of West Featherbed Bank, Middle Featherbed Bank, and East Featherbed Bank, including the entire area marked by either “shallow” or “non-combustion engine use” buoys and markers.
C. Non-combustion engine use zone established within Featherbed Banks Biscayne National Park (see Appendix E):
Within the shallow seagrass areas of West Featherbed Bank, Middle Featherbed Bank, and East Featherbed Bank, including the entire area marked by either “Shallow” or “Non-Combustion Engine Use” buoys and markers. Within this area, vessels are prohibited from using internal combustion motors or engines for any purposes. A vessel with an internal combustion motor or engine may access this zone only through the use of a push pole, paddle, sail, electric motor or similar means of propulsion.
Within the entire shallow seagrass area around the Boca Chita Lighthouse marked by the "No Motorized Vessels" buoys. Vessels with any motor attached is prohibited from entering the "No Motorized Vessels" zone.
D. A 300’ no entry zone to all vessels (including non-motorized) surrounding islands hosting waterbird nesting colonies (see Appendix A):
• Arsenicker Key
• West Arsenicker Key
• Mangrove Key
• The small islands inside Jones Lagoon
• Soldier Key
E. Closed/restricted docking: “No docking” areas include the following:
1. The maintenance dock at Elliott Key.
2. The marked “no docking”/”reserved park staff” boat slips and the marked “no docking” bulkhead in Elliott Key harbor.
3. The marked “no docking”/”reserved park staff” bulkhead area at Boca Chita Key.
4. The National Park Service south boat basin and boat ramp at Convoy Point.
5. The northern side of Adams Key dock as well as the small wooden dock north of the main concrete dock.
6. The concrete wall on the west side of Soldier Key.
7. The marked “park tour boat docking only” area of University Dock.
8. Other areas as designated within the park.
F. Beaching of vessels:Defined as a vessel whose keel is resting on emerged or submerged coast line of any land mass. No beaching areas include the following:
1. Any shore areas of Soldier Key
2. Any shore areas of Boca Chita Key
3. Any shore areas on the western and eastern sides of Elliott Key
4. Any shore areas around the Ragged Keys
G. No anchoring areas include the following:
1. Within Boca Chita Key Harbor
2. Within Elliott Key Harbor
3. Within the slow speed zone marked by buoys at the mouth/entrance of Boca Chita Key Harbor
4. At the mouth/entrance of Elliott Key Harbor
5. Within 100' of Boca Chita Key
6. The Legare Anchorage within the rectangular area bounded by latitude 25°30 N and 25°29 N and longitude 80°08 W and 80°07 W.
7. Within any marked navigational channel
8. Within 300’ of mooring buoys.
H. Anchoring/Rafting restrictions and the locations to where these restrictions apply:
Rafting Restrictions throughout Biscayne National Park:
1. No more than five (5) vessels may “raft” or tie/attach to one another by means of line or any other means. Such groups of “rafted” or tied vessels must maintain one hundred feet (100’) separation from other individual vessels within the entire Biscayne National Park. For this purpose, tied or rafted” vessels are vessels whose proximity to each other and/or the group of “rafted” vessels is five feet (5’) or less in distance.
2. Any vessel at anchor or whose hull is being supported in part or completely by a flat or shallow sea bottom, must maintain a minimum distance of one hundred feet (100') from any other vessel or a rafted/tied together group of vessels. The only exception to this rule is when such vessel is tied or "rafted" to another vessel.
I. Public launching restrictions and the locations to where these restrictions apply:
1. The ramp at Convoy Point Headquarters building is closed to the public. (This regulation does not pertain to Biscayne National Park employees and other authorized volunteers and/or cooperators).
2. The canoe ramp located near the Visitor Center parking lot is for the launching ofnon-motorized vessels only (e.g., paddlecraft such as canoes, kayaks, paddleboards, paddleboats, kiteboards/windsurfers, etc.) only.
J. Public mooring restrictions and the locations to where these restrictions apply:
1. No more than one other vessel may raft to a vessel tied to /docked at the cleated bulkhead at Boca Chita Key. This does not preclude the rafting of a vessel’s tender alongside in addition to the allowable one additional vessel. A vessel tender is described as any vessel fourteen (14’) feet or less. Any tender larger than fourteen feet (14’) will be counted as the additional allowable vessel.
2. Vessels are only permitted to moor parallel to the bulkhead at Boca Chita Key.
3. No more than one vessel may tie or moor to a mooring buoy.
4. Vessels tied to mooring buoys will not moor for more than 4 hours and the size of the vessel may not exceed 45’ unless authorized.
IX. 36 CFR§3.14 – SUNKEN, GROUNDED, OR DISABLED VESSELS
All sunken, grounded, or disabled vessels must be removed in accordance with the established Vessel Grounding Program Policies and Procedures document, available from the Superintendent.
X. 36 CFR §3.12 – WATER SKIING The towing of a person by a vessel within Biscayne National Park is prohibited in the following areas:
1. Waterskiing is not permitted within 100’ of any marked navigational channel.
2. Waterskiing is prohibited in Jones Lagoon.
XI. 36 CFR §3.16 – SWIMMING AND WADING & 36 CFR §3.18 UNDERWATER DIVING AND SNORKELING The following areas are closed to swimming, wading, underwater diving (SCUBA) and snorkeling:
1. The Legare Anchorage within the rectangular area bounded by latitude 25°30 N and 25°29 N and longitude 80°08 W
and 80°07 W
2. Boca Chita Key Harbor
3. Elliott Key Harbor
4. Convoy Point Harbor
5. Within the slow speed zone at the mouth/entrance of Boca Chita Key Harbor
6. Within the mouth/entrance of Elliott Key Harbor
7. Within one hundred feet (100’) of all marked navigational channels
XII. 36 CFR §4.21 – SPEED LIMITS
The following speed limits are established for the roads within Biscayne National Park:
The speed limit in Biscayne National Park is fifteen miles per hour (15 mph), except on the straight section of the main park/entrance road. In this stretch of road the speed limit is twenty-five miles per hour (25mph).
XIII. 36 CFR §4.30 – BICYCLES
The term bicycle means every device propelled solely by human power upon which a person or persons may ride on land, having one, two, or more wheels, except a manual wheelchair.
The term “e-bike” means a two- or three-wheeled cycle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.).
Bicycles are only allowed to be used in the Spite Highway area of Elliott Key. Bicycle use is prohibited at Convoy Point (except on marked roadways where vehicular traffic is permitted). The use of bicycles in any other non-developed, non-paved (road), areas underneath the visitor center, and jetty/boardwalk is prohibited.
E-bikes are allowed in Biscayne National Park where traditional bicycles are allowed. E-bikes are prohibited where traditional bicycles are prohibited. Except where use of motor vehicles by the public is allowed, using the electric motor to move an e-bike without pedaling is prohibited.
A person operating an e-bike is subject to the following sections of 36 CFR part 4 that apply to the use of traditional bicycles: sections 4.12, 4.13, 4.20, 4.21, 4.22, 4.23, and 4.30(i) (updated 9/2/2021).
Except as specified in this Compendium, the use of an e-bike within Biscayne National Park is governed by State law, which is adopted and made a part of this Compendium. Any violation of State law adopted by this paragraph is prohibited.
ADDENDUM TO: Superintendent’s Compendium
DATE: March 10, 2021
CODE OF FEDERAL REGULATIONS TITLE 36, CHAPTER 1
Compendium of Designations, Closures, Requests, Requirements, and Other Restrictions Imposed Under the Discretionary Authority of the Superintendent.
In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations, authorized by Title 54, United States Code, the following regulatory provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Biscayne National Park. These discretionary regulations are in addition to the other regulations published in Title 36 CFR, Chapter 1, Parts 2-7.
The following types of filming activities may occur in areas open to the public without a permit and without advance notice to the NPS:
Outdoor filming activities [outside of areas managed as wilderness] involving five persons or less and equipment that will be carried at all times, except for small tripods used to hold cameras.
The organizer of any other type of filming activity must provide written notice to the Superintendent at least 10 days prior to the start of the proposed activity. Based upon the information provided, the Superintendent may require the organizer to apply for and obtain a permit if necessary to:
maintain public health and safety;
protect environmental or scenic values;
protect natural or cultural resources;
allow for equitable allocation and use of facilities; or PENELOPE DEL BENE Digitally signed by PENELOPE DEL BENE Date: 2021.03.10 14:04:10 -05'00'
avoid conflict among visitor use activities.
If the Superintendent determines that the terms and conditions of a permit could not mitigate the concerns identified above in an acceptable manner, the Superintendent may deny a filming request without issuing a permit. The Superintendent will provide the basis for denial in writing upon request.
The NPS will consider requests and process permit applications in a timely manner. Processing times will vary depending on the complexity of the proposed activity. If the organizer provides the required 10 day advance notice to the NPS and has not received a written response from the NPS that a permit is required prior to the first day of production, the proposed filming activities may occur without a permit.
The following are prohibited:
(1) Engaging in a filming activity without providing advance notice to the Superintendent when required.
(2) Engaging in a filming activity without a permit if [the activity takes place in areas managed as wilderness or if] the Superintendent has notified the organizer in writing that a permit is required.
(3) Violating a term and condition of a permit issued under this action.
Violating a term or condition of a permit issued under to this action may also result in the suspension and revocation of the permit by the Superintendent
Signed: Penelope del Bene, Superintendent
Date: March 10, 2021
STATEMENT OF FINDINGS IN SUPPORT OF RESTRICTIONS
The Superintendent of Biscayne National Park has used the discretionary authority granted by Chapter I of 36 CFR §1.5(a) and established certain restrictions. They are actions necessary for administration of the park in concert with its enabling legislation, NPS management policies for the benefit of the resource and the visitor. Articulations of the reasons for restrictions are set forth in this justification.
PUBLIC USE LIMITS 36 CFR 1.5
Convoy Point. Convoy Point is managed primarily as a day use area with no nighttime use. At Convoy Point, concession and NPS equipment and buildings are unattended and at risk during nighttime hours. Theft, vandalism and otherwise unauthorized use can occur in spite of the closure and would be less controllable if the area were completely open. Adams Key. Adams Key is open to the public for day-use only. It is not an authorized overnight camping area since there is little dockage space available for any vessel. Also, the vessels tied to the dock can be thrown into the concrete and wood structure by the wake created by other vessels traveling through Caesar Creek. University Dock. University dock does not lead to any developed areas on Elliott Key and is therefore closed to mooring and docking of non-NPS vessels from sunset to sunrise.
VEHICLE PARKING RESTRICTIONS
These restrictions are set in place for the protection of resources, the protection of the visitors from getting injured as well as ensuring visitor enjoyment of the park. Grassy Turn Circle Near Outbound & Inbound Gates & Convoy Point Main Road. Parking in these areas poses threats to traffic flow as well as certain ground-nesting birds and land crabs. Heat from vehicle undersides can ignite dry grasses and vegetation. Road Portion Directly in Front of Dante Fascell Visitor Center. This area is closed to stopping or standing because it is a designated fire lane. Administrative/Headquarters Building. These facilities are closed to anyone other than park staff, volunteers, contractors, and those on official park business. There are no public services available. Island Residents Parking: Several parking spaces have been designated for use by park’s island residents only. They are marked as such.
These areas are closed to all public entry (except those individuals with a special use permit) for the protection of the visitors as well as wildlife, and critical sensitive natural and cultural resources. Soldier Key, Arsenicker Key, West Arsenicker Key, Mangrove Key, the small islands within Jones Lagoon, and 300’ out from these islands: The hatching and fledging of young birds are activities easily disrupted by the presence of humans. Disruption of nesting activity and overt or inadvertent damage to habitat or anything causing mortality of adult or young birds would have far-reaching effects on the ecosystem, and to other visitors’ enjoyment of the variety of bird species found in the park. The rocky area past the jetty at Convoy Point known as the bird observation area: This is an important resting and foraging area for waterbirds easily disrupted by the presence of humans. Disruption of resting and foraging activity might interfere with the birds’ ability to store or conserve energy for migration or overwintering, and to other visitors’ enjoyment of the variety of bird species found in the park. Park Residences: All residences located at Convoy Point, Elliott Key, and Adams Key are closed to the public for the safety, security and privacy of the residences and their guests Designated administrative areas of the park are open daily during normal business hours only. For safety and security reasons, these areas are closed to the public from 5:30 p.m. to 7:00 a.m.
GENERAL Restrictions on Balloons. The intentional or unintentional release of gas-filled balloons presents a threat to scenic and environmental values as they return to earth. They impair the wilderness scene and cause a litter problem. Motorized Wheelchairs and Segway or Similar Devices. These restrictions are set in place for the protection of the resources and visitors as well as ensuring visitor enjoyment of the park. Unmanned Aircraft. This restriction is to protect the public from potential hazards, conserve rights to personal privacy, allow the park's natural resources the undisturbed area to maintain wild behaviors and preserve the park’s fundamental values. Face Masks and Social Distancing. In addition to physical distancing and hand washing, masks are a critical step to help prevent people from getting and spreading COVID-19. When you wear a mask, you protect others as well as yourself. COVID-19 spreads mainly from person to person through respiratory droplets. Masks are a simple barrier to help prevent respiratory droplets from reaching others. Masks can prevent the spread of the disease even when the wearer is not sick. This is because several studies have found that people with COVID-19 who never develop symptoms (asymptomatic) and those who are not yet showing symptoms (presymptomatic) can still spread the virus to other people. Masks may not be necessary when you are outside by yourself away from others, or with other people who live in your household. It is especially important to wear a mask indoors with people you do not live with and when you are unable to stay at least 6 feet apart because COVID-19 spreads mainly among people who are in close contact with one another. Recommended masks include non-medical disposable masks, masks that fit properly (cover nose and mouth and fit snugly around the nose and chin with no large gaps around the sides of the face), masks made with breathable fabric (such as cotton), masks made with tightly woven fabric (i.e., fabrics that do not let light pass through when held up to a light source), masks with two or three layers, and masks with inner filter pockets. Novelty/non-protective masks, masks with ventilation valves, or face shields are not a substitute for the recommended masks.
PERMITS 36 CFR 1.6
The Biscayne National Park superintendent may issue a permit to authorize an otherwise prohibited or restricted activity or impose a public use limit. The activity authorized by a permit shall be consistent with applicable legislation, Federal regulations and administrative policies, and based upon a determination that public health and safety, environmental or scenic values, natural or cultural resources, scientific research, implementation of management responsibilities, proper allocation and use of facilities, or the avoidance of conflict among visitor use activities will not be adversely impacted.
PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES 36 CFR 2.1
These restrictions are set in place for the protection and preservation of park resources.
FISHING 36 CFR 2.3
These restrictions are set in place to limit the possibility of a visitor being injured by fishing line and equipment as well as to limit the possibility of fishing line getting caught in a vessel’s propellers as well as ensuring visitor enjoyment of the park in certain areas.Cast netting at Convoy Point is prohibited for visitor safety and resource preservation.
CAMPING AND FOOD STORAGE 36 CFR 2.10 Camping: There are helicopter landing areas designated on park islands in case of emergencies. Visitors camping there would prohibit the helicopter from landing, thereby hindering emergency response. Food Storage: These restrictions are set in place to ensure visitor safety, and wildlife interactions that arise as a result of feeding wildlife.
PETS 36 CFR§2.15
Restrictions to where pets can be allowed are set in place for the protection of the resources, included but not limited to ground nesting birds at Boca Chita.
SKATING, SKATEBOARDS AND SIMILAR DEVICES
These activity restrictions are set in place for the protection of resources, the protection of park visitors, and to ensure visitor enjoyment in the park.
36 CFR§3.2 Slow speed/minimum wake areas and zones: Slow speed restrictions are established for the protection of the visitors and resources, (more specifically to avoid or limit vessel accidents and to minimize visitor use conflicts). Idle speed/no wake areas: Idle speed/no wake restrictions are established for the protection of the visitors, more specifically to avoid or limit vessel accidents and to minimize visitor use conflicts. Closed/restricted docking: These restrictions are set in place for the protection of resources and for visitor safety. Many areas are restricted to ensure access to emergency responders.(C) Beaching of vessels, (D) No anchoring areas & (E) Anchoring restrictions and the locations to where these restrictions apply: These restrictions are set in place for the protection and safety of visitors at Biscayne National Park as well as for the protection of resources. Many endangered and threatened species use park areas/shorelines for nesting and foraging. (F) Rafting restrictions: Rafting restrictions are established to provide for resource protection, visitor safety, and emergency response. (G) Public launching restrictions: Convoy Point Headquarters Ramp: This ramp is closed to the public to ensure visitor safety and to ensure agency and authorized vessels are able to launch without conflict. Convoy Point Visitor Center: This shallow area does not allow for the launching of motorized vessels. It is open for the launching of non-motorized vessels only for the protection of resources and visitor safety. (H) Public mooring restrictions: These restrictions are established to ensure visitor safety, resource protection, and to reduce visitor conflict.
SUNKEN, GROUNDED, OR DISABLED VESSELS 36 CFR§3.14These activity restrictions are set in place for the protection of the resources, the protection of the visitors, and to maintain safe navigation
WATER SKIING 36 CFR§3.12
Activity is generally restricted in and near all marked channels to ensure visitor safety and safe navigation.
SWIMMING AND WADING(36 CFR§3.16) & UNDERWATER DIVING AND SNORKELING(36 CFR§3.18)
These areas are restricted for the protection of the visitors. Visitors can be seriously injured or killed by other vessels traveling within these areas. These areas are also restricted for the protection of cultural and natural resources.
PERSONAL WATERCRAFT (PWC) 36 CFR§3.9
Personal watercraft are prohibited in all national parks.
SPEED LIMITS 36 CFR§4.21
Speed restrictions are set in place for the protection of park visitors and park resources.
BICYCLES 36 CFR§4.31
These activity restrictions are set in place for the protection and enjoyment of visitors. Bicycling on the boardwalk can damage it, as well as create conflict in visitor use. The ramp to the Visitor Center is intended for pedestrian and wheelchair access only. Visitors could be injured by a bicycle riding up or down the ramp, particularly in the areas where blind corners exist.
Last updated: November 20, 2022
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