Werowocomoco Superintendent's Compendium
National Park Service
U.S. Department of the Interior
Superintendent’s Compendium
Of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority.
Approved:
Jerri Marr,
Superintendent
07/22/2022
Werowocomoco
Captain John Smith Chesapeake National Historic Trail
PO Box 210
Yorktown, VA 23690
757-898-2401 Supt. Office
757-898-6346 Fax
A. INTRODUCTION
1. Superintendent’s Compendium Described
The Superintendent’s Compendium is the summary of park specific rules implemented under 36 Code of Federal Regulations (36 CFR). It serves as public notice, identifies areas closed for public use, provides a list of activities requiring either a special use permit or reservation, and elaborates on public use and resource protection regulations pertaining specifically to the administration of the park. The Superintendent’s Compendium does not repeat regulations found in 36 CFR and other United States Code and CFR Titles, which are enforced without further elaboration at the park level.
The regulations contained in 36 CFR, Parts 1-7, are the basic mechanism used by the National Park Service (NPS) to preserve and protect the natural and cultural resources of the park and to protect visitors and property within the park. Parts 1 through 6 are general regulations applicable to all areas of the National Park system, and Part 7 contains special regulations specific to individual parks. Each of these Parts has many sections and subsections articulating specific provisions. Within some of these Part 1-7 sections and subsections, the Superintendent is granted discretionary authority to develop local rules to be responsive to the needs of a specific park resource or activity, park plan, program, and/or special needs of the general public.
As an example, 36 CFR 1.5(a) Closures and Public Use Limits provides the Superintendent certain discretion in allowing or disallowing certain activities. The authority granted by the Section, however, requires the Superintendent to comply with the Administrative Procedures Act (6 USC Section 551), which requires public notice on actions with major impact on visitor use patterns, park resources or those that are highly controversial in nature.
Another example is 36 CFR 1.6 Permits, which allows the Superintendent to require a permit for certain uses and activities in the park. This Section, however, requires that a list of activities needing a permit (and a fee schedule for the various types of permits) be maintained by the park.
A final example is 36 CFR 2.1(c) (1) Preservation of Natural, Cultural and Archeological Resources, which provides the Superintendent the authority to designate certain fruits, nuts, berries or unoccupied seashells which may be gathered by hand for personal use or consumption. This activity can occur, however, only if a written determination shows that the allowed activity does not adversely affect park wildlife, the reproductive potential of a plant species, or otherwise adversely affect park resources.
This Compendium should be used in conjunction with Title 36 CFR, Parts 1-7, to more fully understand the regulations governing the use and enjoyment of all the areas of the national Park System.
A copy of Title 36, CFR, can be purchased from the U.S. Government Printing Office at:
Superintendent of Documents
P.O. Box 371954
Pittsburgh, PA 15250-7954
The CFR is also available on the Internet at: https://www.govinfo.gov/app/collection/cfr
Laws and Policies Allowing the Superintendent to Develop This Compendium
The National Park Service (NPS) is granted broad statutory authority under 16 United States Code (U.S.C.) Section 1 et.seq. (Organic Act of 1916, as amended) to “…regulate the use of the Federal areas known as national parks, monuments, and reservations…by such means and measures as conform to the fundamental purposes of the said parks…which purpose is to conserve the scenery and the natural and historic objects and the wildlife therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment for future generations” (16 U.S.C. Section 1). In addition, the NPS Organic Act allows the NPS, through the Secretary of the Interior, to “make and publish such rules and regulations as he may deem necessary or proper for the use and management of the parks, monuments, and reservations under the jurisdiction of the National Park Service” (16 U.S.C. Section 3).
Organic Act and General Authorities Act:
In 1970, Congress amended the NPS Organic Act to clarify its intentions as to the overall mission of the NPS. Through the General Authorities Act of 1970 (16 U.S.C. Sections 1a1-1a8), Congress brought all areas administered by the NPS into one National Park System and directed the NPS to manage all areas under its administration consistent with the Organic Act of 1916.
In 1978, Congress amended the General Authorities Act of 1970 and reasserted System-wide the high standard of protection defined in the original Organic Act by stating “Congress further reaffirms, declares, and directs that the promotion and regulation of the various areas of the National Park System, as defined by Section 1 of this Title, shall be consistent with and founded in the purpose established by Section 1 of this Title, to the common benefit of all people of the United States.”
16 U.S.C.
16 U.S.C. Section 1c defines the National Park System as “…any areas of land and water now or hereafter administered by the Secretary of the Interior through the National Park Service for park, monument, historic, parkway, recreational, or other purposes.”
Agency Policy
In addition to the above statutory authority, the Superintendent is guided by established NPS policy as found in the NPS Management Policies (2006). The Superintendent is also guided by more specific policies promulgated by the Director, National Park Service, in the form of Director’s Orders. As stated in the Management Policies, the primary responsibility of the NPS is to protect and preserve our national natural and cultural resources while providing for the enjoyment of these resources by visitor and other users, as long as use does not impair specific park resources or overall visitor experience. The appropriateness of any particular visitor use or recreational experience is resource-based and will vary from park to park; therefore, a use or activity that is appropriate in one park area may not be appropriate in another. The Superintendent is directed to analyze overall park use and determine if any particular use is appropriate. Where conflict arises between use and resource protection, where the Superintendent has a reasonable basis to believe a resource is or would become impaired, than that Superintendent is obliged to place limitations on public use.
3. Consistency of This Compendium with Applicable Federal Law and Requirements
The Superintendent’s Compendium is not considered a significant rule requiring review by the Office of Management and Budget under Executive Order 12866. In addition, this Compendium will not have a significant economic effect on a number of small entities nor impose a significant cost on any local, state or tribal government or private organization, and therefore does not fall under the requirements of either the Regulatory Flexibility Act or the Unfunded Mandates Reform Act. The actions and requirements described in this Compendium are found to be categorically excluded from further compliance with the procedural requirements of the National Environmental Policy Act (NEPA) in Department of the Interior (DOI) Guidelines 516 DM 6 and as such, an Environmental Assessment will not be prepared.
4. Development of the Requirements of the Superintendent’s Compendium
As outlined above, the NPS has broad authority and responsibility to determine what types of uses and activities are appropriate in any particular National Park System area. The requirements of the Superintendent’s Compendium are developed through an analysis and determination process. The decision criteria used during this process are:
• Is there use or activity consistent with the NPS Organic Act and NPS policy?
• Is the use or activity consistent and compatible with the park’s enabling legislation, management objectives, and corresponding management plans?
• Will the use or activity damage the park’s protected natural and cultural resources and other protected values?
• Will the use or activity disturb or be in conflict with wildlife, vegetation, and environmental protection actions and values?
• Will the use or activity conflict with or be incompatible with traditional park uses and activities?
• Will the use or activity compromise employee or public safety?
5. Applicability of the Compendium
The rules contained in this Compendium apply to all persons entering, using, visiting or otherwise present on federally owned lands, including submerged lands, and waters administered by the NPS within the legislative boundaries of the park. This includes all waters subject to the jurisdiction of the United States, including all navigable waters.
6. Enforcement of Compendium Requirements
NPS Law Enforcement Park Rangers enforce the requirements of the United State Code, 36 CFR, and this Superintendent’s Compendium.
7. Penalties for Not Adhering to the Compendium Requirements
A person who violates any provision of the regulations found in 36 CFR, Parts 1-7, or provisions of this Compendium, is subject to a fine as provided by law (18 U.S.C. 3571) up to $5,000 for individuals and $10,000 for organizations, or by imprisonment not exceeding six months (18 U.S.C. 3559), or both, and shall be adjudged to pay all court costs associated with any court proceedings. You may receive a list of fines associated with any particular provision by contacting the Chief Ranger at the park address found below.
8. Comments on the Compendium
The Compendium is reviewed annually and revised as necessary. The park welcomes comments about its program and activities at any time.
9. Effective Date of the Superintendent Compendium
The Superintendent’s Compendium is effective on the approval date listed on the first page of this document and remains in effect until revised for a period up to one year.
10. Additional Information
Some of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4 Definitions.
11. Availability
Copies of the Compendium are available at Yorktown Visitor Center, Yorktown, VA. It may also be found at https://www.nps.gov/cajo/index.htm.
B. SUPERINTENDENT’S COMPENDIUM
In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations (“36 CFR”), Chapter 1, Parts 1-7, authorized by Title 16 United States Code, Section 3, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Werowocomoco, an NPS site along the Captain John Smith Chesapeake National Historic Trail. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, Parts 1-7.
Written determinations, which explain the reasoning behind the Superintendent’s use of discretionary authority, as required by Section 1.5(c), appear in this document identified by italicized print.
36 CFR §1.5 – VISITING HOURS, PUBLIC USE LIMITS AND CLOSURES (a)(1)
The following visiting hours and public use limits are established for all or for the listed portions of the park, and the following closures are established for all or a portion of the park to all public use or to a certain use or activity:
Visiting Hours:
• The site is currently closed to all general public visitation.
• Visits of administrative, research, or educational value to CAJO may be permitted by the Superintendent. Requests must be made at least thirty (30) days in advance and fall within traditional core hours of staff time.
• Visits by representatives of the Powhatan-era descendant tribes will be allowed with the permission of the Superintendent on a case-by-case basis, taking into consideration purpose of visit and availability of staff resources. Requests must be made at least seven (7) days in advance and fall within traditional core hours of staff time.
Public Use Limits:
All public use is prohibited at this time.
Closures:
A. Parking motor vehicles along the following roadways is prohibited:
1. Vehicles may not park, stand, or remain in the main gate entry area of Ginny Hill RoadState Route 704 or any part of the driveway from the entrance gate to the “Private residence” sign.
These closures are in effect to protect the cultural and natural resources of the park and to provide for public safety along the narrow roads that comprise the site.
B. The following areas are closed to all public use, entry, and access:
1. Beginning at the “Private Residence” sign and extending west towards the York River.
These closures are in effect to protect the cultural and natural resources of the park, and to provide for the privacy of the life estate tenant.
C. Sports and Recreation:
The site is closed to public use involving sports or recreational activities to include, but not limited to bicycling, kite flying, ball games, flying disc throwing, operating remote control vehicles/models/drones.
1. Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Werowocomoco is prohibited except as approved in writing by the superintendent.
Definition: 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.
The above closures are in effect in order to maintain the historical significance of Werowocomoco and to provide visitors with the appropriate experience to be able to understand and comprehend the events that occurred in the park.
D. Public Fishing and Boating: Except by written authorization, all fresh water impoundments and certain riverbank fishing areas within the park are closed to fishing and boating, to include the following areas:
1. All shoreline areas
2. All docks
The closure is in effect in order to maintain the historical significance of Werowocomoco, to protect the park’s cultural and natural resources and to provide for public safety.
E. Picnicking:
1. All areas of Werowocomoco are closed to picnicking.
The closure is in effect in order to maintain the historical significance of Werowocomoco, to protect the park’s cultural and natural resources.
F. Camping:
1. All areas of the park are closed to camping.
The closure is in effect in order to maintain the historical significance of Werowocomoco, to protect the park’s cultural and natural resources and because the park doesn’t have camping facilities available in the park. Local private, city and state campgrounds are located near the park.
G. Horse and Pack Animals:
1. All areas of Werowocomoco as are closed to horses and pack animals:
The closure is in effect in order to maintain the historical significance of Werowocomoco, to protect the park’s natural and cultural resources and to provide for public safety, to include the riders and motorists.
H. Pets:
1. Werowocomoco is closed to the possession of pets by park visitors. Service animals are exempt.
The closure is in effect in order to protect the park’s natural and cultural resources and to provide for public safety.
I. Snowmobiles:
1. The operation of snowmobiles in the park is prohibited.
The closure is in effect to maintain the historical significance of Werowocomoco, to protect the park’s natural and cultural resources and to provide for public safety.
J. Winter Activities:
1. Sledding is prohibited in the park.
2. Towing people on skis, sleds, or other sliding devices by motor vehicle is prohibited within the park and on park roads.
3. Ice skating is prohibited at all locations within the park.
The closure for winter activities is in effect to maintain the historical significance of Werowocomoco, to protect the park’s natural and cultural resources and to provide for public safety.
(a)(2) Areas designated for a specific use or activity with conditions and/or restrictions:
Areas Designated for a Specific Use or Activity:
• The site is closed to the public at this time therefore there are no areas designated for a specific use or activity.
The following restrictions and/or conditions are in effect for the specific uses or activities:
• The site is closed to the public at this time therefore there are no restrictions and/or conditions in effect for specific activities.
Wearing of Face Covers due to COVID-19
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 shared workspaces 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 requirement, if any, will apply to all facilities 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 jurisdiction, or territory, regardless of a particular park’s jurisdictional status.
Additionally, all individuals must wear masks in or 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 busses, 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.
On January 29, 2021, the Acting Secretary of the Interior issued a memorandum entitled Protecting Our Workforce by Requiring Mask-Wearing. This memorandum reaffirmed the Administration’s commitment to an urgent, robust, and professional response to the COVID-19 pandemic. This rule is based on that directive and current Centers for Disease Control guidance. Additional direction from Director of the NPS was issued March 4th, 2022 which directs the language above.
(a)(3) Terminated restrictions, limits, closures, designations, conditions, or visiting hours
• None
CCTV Policy Statement
In accordance with National Park Service Law Enforcement Reference Manual 9 (RM-9), notice is hereby given that Werowocomoco uses Closed Circuit Television (CCTV) security camera monitoring.
The park’s use of Closed Circuit Television (CCTV) for law enforcement and security purposes will only be to visually monitor public park areas and public activities where no constitutionally protected reasonable expectation of privacy exists. Such CCTV use – which will have adequate privacy and First Amendment safeguards – will be to help ensure public safety and security; facilitate the detection, investigation, prevention, and deterrence of terrorist attack and crime; help ensure the safety of citizens and officers; help assist in the proper allocation and deployment of law enforcement and public safety resources; and help facilitate the protection of the innocent and the apprehension and prosecution of criminals. (RM-9, 26.1)
This policy does not restrict the official use of CCTV in government administrative areas, including administrative buildings, jail holding facilities (RM-9, 26.3.7), revenue collection sites, etc., where the government may record/monitor its facilities. For example, the government may perform unrestricted video/audio recording at revenue collection points (entrance stations, visitor center counters, etc.). This policy does not restrict the use of an Audio/Visual Recording Device (AVRD) in patrol vehicles or officer-worn recording devices used by commissioned rangers. (RM-9, 26.1).
Operation of CCTV cameras, maintenance of recorded images and use of recorded images will be in accordance with NPS and Department policy and applicable laws and regulations. (RM-9, 26.1-26.4) No person will be targeted or monitored merely because of race, religion, gender, sex, disability, national origin, or political affiliation or views. (RM-9, 26.4.2)
Nothing in this policy statement is intended to create any rights, privileges, or benefits not otherwise recognized by law.
II. 36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT
(f) The following is a compilation of those activities for which a permit from the superintendent is required:
§1.5(d) The following activities related to Public Use Limits:
▪ All activities require a permit because public use of the site is generally prohibited.
§2.4(d) Carry or possess a weapon, trap, or net
▪ All except those expressly allowed by local, state and/or federal law.
§2.5(a) specimen collection (Taking of plants, fish, wildlife, rocks or minerals)
▪ All specimen collection requires a permit
§2.10(a) The following camping activities:
▪ All camping activities require a permit.
§2.12 Audio Disturbances:
▪ Any operation of a public address system in connection with a public gathering or special event for which a permit has been issued pursuant to
§2.50 or §2.51 §2.17 Aircraft & Air Delivery:
▪ Delivery or retrieval of a person or object by parachute, helicopter or other airborne means
▪ Removal of a downed aircraft
§2.23(b) The following special recreation activities (per 36 CFR Part 71):
▪ All
§2.37 Soliciting or demanding gifts, money goods or services:
▪ All
§2.38 Explosives:
▪ All
§2.50(a) Sports events, pageant, regatta, public spectator attraction, entertainment, ceremony, and similar events
▪ All
§2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades and other public expressions of views
▪ All
§2.52(c) Sale or distribution of printer matter that is not solely commercial advertising
▪ All
§2.60(b) Livestock use
▪ All
§2.61(a) Residing on federal lands
▪ All
§2.62 Memorialization:
▪All
§3.3 Use of a vessel
▪ All
§4.11(a) Exceeding of established vehicle load, weight and size limits
▪ All
§5.1 Advertisements - (Display, posting or distribution.)
▪ All
§5.2(b) Sale of intoxicants on private lands.
▪ All
§5.3 Engaging in or soliciting any business (Requires a permit, contract or other written agreement with the United States, or must be pursuant to special regulations):
▪ All
§5.5 Commercial Photography/Filming:
▪ All
§5.6(c) Use of commercial vehicles on park area roads (The superintendent shall issue a permit to access private lands within or adjacent to the park when access is otherwise not available)
▪ All
§5.7 Construction of buildings, facilities, trails, roads, boat docks, path, structure, etc.
▪ All
§6.9(a) Operation of a solid waste disposal site
▪ All
Part 7 Special Regulations
▪ None
III. GENERAL REGULATIONS 36 CFR §2.1 – PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES
(a)(4) Using or possessing wood gathered from within the park area is prohibited, except that dead wood on the ground may be collected for use as fuel for campfires within the park in the following areas:
• None
(a)(5) Walking on, climbing, entering, ascending, descending, or traversing an archeological or cultural resource, monument, or statute is prohibited, except in the following areas and/or under the following conditions:
• None
(b) Hiking or pedestrian traffic is restricted to the trail(s) or walkway(s) listed in 36 CFR §1.5 of this document.
• None
Under, §2.1(a) collecting natural materials from the park is generally prohibited. However, pursuant to §2.1(c), the following fruits, nuts, berries or unoccupied seashells may be gathered by hand for personal use or consumption, in accordance with the noted size, quantity, collection sites and/or possession and consumption restrictions:
• None
36 CFR §2.2 - WILDLIFE PROTECTION
(d) The transporting of lawfully taken wildlife through the park is permitted under the following conditions and procedures:
• Only those required to cross park lands to access their private property or life estate may transport lawfully taken wildlife across park lands. (e.g. residents of Ginny Hill and Caffee Creek roads)
(e) The following areas are closed to the viewing of wildlife with the use of an artificial light:
• All
36 CFR §2.3 – FISHING
Public Fishing: Except by written authorization, all fresh water impoundments and certain riverbank fishing areas within the park are closed to fishing, to include the following areas:
1. All shoreline areas
2. All docks.
The closure is in effect in order to maintain the historical significance of Werowocomoco, to protect the park’s cultural and natural resources and to provide for public safety.
(a) The following State fishing laws and/or regulations, as noted, do not apply in the listed areas:
• None
(d)(2) Possession or use of live or dead minnows or other bait fish, amphibian, non-preserved fish eggs or roe is permitted in the following fresh water areas:
• None
(d)(4) In accordance with federal statutory law, commercial fishing is authorized in the following areas, under the conditions noted:
• None
(d)(8) Fishing from motor vehicle bridges, from within 200 feet of a public raft or float designated for water sports, or within the limits of locations designated as swimming beaches, surfing areas, or public boat docks is prohibited, except in the following designated areas:
• None
(e) Fishing in salt waters with net, spear or weapon shall be in accordance with State law, except as otherwise designated as follows:
• None
36 CFR §2.4 – WEAPONS, TRAPS, AND NETS
(a)(2)(i) Weapons, traps, or nets may only be carried, possessed or used at the following designated times and locations:
• None except those expressly authorized by local, state and/or federal law.
36 CFR §2.5 – RESEARCH SPECIMENS
(a) Taking plants, fish, wildlife, rocks or minerals is prohibited except in accordance with other regulations of Chapter I of 36 CFR or pursuant to the terms and conditions of a specimen collection permit.
36 CFR §2.6 – GATHERING OF PLANTS OR PLANT PARTS BY FEDERALLY RECOGNIZED INDIAN TRIBES
As permitted by the Superintendent in accordance with permit procedures established by 36 CFR 2.6.
36 CFR §2.10 – CAMPING and FOOD STORAGE
(a) Camping is allowed in the following designated sites or areas and is subject to the following established conditions:
• None
(b)(3) Camping within 25 feet of a fire hydrant or main road, or within 100 feet of a flowing stream, river or body of water is prohibited, except in the following areas and under the following conditions:
• None
(b)(7) Connecting to a utility system is prohibited, except as designated below:
• None
(d) Conditions for the storage of food are in effect as designated below:
• None
36 CFR §2.11 – PICNICKING
All areas have been closed to picnicking as listed in section 1.5(a)(1) “Closures”.
Conditions for Picnicking:
• None
36 CFR §2.12 – AUDIO DISTURBANCES
(a)(2) Operating a power saw in developed areas is prohibited, except pursuant to the terms and conditions of a permit.
(a)(3) Operating any type of portable motor or engine, or device powered by a portable motor or engine in non-developed areas is prohibited, except pursuant to the terms and conditions of a permit.
(a)(4) Operating a public address system is prohibited, except in connection with a public gathering or special event for which a permit has been issued pursuant to §2.50 or §2.51.
36 CFR 2.13 – FIRES
(a)(1) Lighting or maintaining fires is generally prohibited, except as provided for in the following designated areas and/or receptacles, and under the conditions noted: Designated Areas:
• None except as allowed by a permit.
Receptacles Allowed:
• None except as allowed by a permit.
Established Conditions for Fires:
• None except as established by a permit.
(a)(2) The following restrictions are in effect for the use of stoves or lanterns:
• None except as allowed under a permit.
(b) Fires must be extinguished according to the following conditions:
• To be established under a permit.
(c) During periods of high fire danger, the following areas of the park are closed to the lighting or maintaining of a fire.
• All
36 CFR §2.14 – SANITATION and REFUSE
(a)(2) The use of government refuse receptacles or facilities for dumping household, commercial or industrial refuse, brought as such from private or municipal property is allowed under the following conditions:
• None
(a)(5) Bathing or washing food, clothing, dishes, or other property at public water outlets, fixtures, or pools is prohibited, except at the following outlets, fixtures, or pools designated for such purposes:
• None
(a)(7) Disposing of fish remains on land or in waters within 200 feet of boat docks or designated swimming beaches or within developed areas is prohibited, except as designated below:
• None
(a)(8) In developed areas, the disposal of human body waste is prohibited, except at the following designated locations or fixtures provided for that purpose:
• None, except as required under a permit.
(a)(9) In undeveloped areas, the disposal of human body waste within 10 feet of a water source, high water mark of a body of water, or a campsite, or within sight of a trail is prohibited, except as designated below:
• None, except as allowed under a permit.
(b) Conditions for the disposal, containerization, or carryout of human body waste have been established as follows:
• None, except as established under a permit.
36 CFR §2.15 – PETS (a)(1)
Possessing pets in public buildings, public transportation vehicles, swimming beaches, and the following structures and/or areas is prohibited:
• All
(a)(3) Leaving a pet unattended and tied to an object is prohibited, except in the following areas and/or under the following conditions:
• None (a)(5)
Pet excrement must be disposed of in accordance with the following conditions:
• All pet excrement must be removed from the park from the pet owner/handler.
(b) The use of dogs in support of hunting must be in accordance with Federal and State laws and the following conditions:
• As allowed by a permit
(e) Pets may be kept by park residents under the following conditions:
• As permitted by the Superintendent.
36 CFR §2.16 – HORSES and PACK ANIMALS
(a) The use of animals other than those designated as “pack animals” for purposes of transporting equipment is prohibited. The following animals are designated as pack animals for purposes of transporting equipment:
• None
(b) The use of horses or pack animals is prohibited outside of the following trails, routes or areas designated for their use:
• None
(d) Free-trailing or loose-herding of horses or pack animals on trails is prohibited, except as designated below:
• None
(g) Other conditions concerning the use of horses or pack animals:
• None
36 CFR §2.17 – AIRCRAFT and AIR DELIVERY
(a)(1) Operating or using aircraft on lands or waters other than at locations designated is prohibited.
(a)(2) Where a water surface is designated pursuant to §2.17(a)(1), operating or using aircraft under power on the water within 500 feet of locations designated as swimming beaches, boat docks, piers, or ramps is prohibited, except as designated below:
• None
(a)(3) Delivering or retrieving a person or object by parachute, helicopter, or other airborne means is prohibited, except in emergencies involving public safety or serious property loss or pursuant to the terms and conditions of a permit.
(c)(1) The removal of a downed aircraft, components, or parts thereof is subject to procedures established by the Superintendent.
36 CFR §2.18 – SNOWMOBILES
Snowmobile operation in prohibited in the park.
36 CFR §2.19 – WINTER ACTIVITIES
(a) Skiing, snowshoeing, ice skating, sledding, tubing, tobogganing, and similar winter sports are prohibited on park roads and in parking areas open to motor vehicle traffic, except under the conditions below:
• None
(b) The towing of persons on skis, sled or other similar device by motor vehicle or snowmobile is allowed in the following areas and/or routes:
• None
36 CFR §2.20 – SKATING, SKATEBOARDS and SIMILAR DEVICES
Using roller skates, skateboards, roller skis, coasting vehicles, or similar devices is prohibited, except in the following designated areas:
• None
36 CFR §2.21 – SMOKING
(a) The following portions of the park, or all or portions of buildings, structures or facilities are closed to smoking as noted:
• All 36
CFR §2.22 – PROPERTY
(a)(2) Leaving property unattended for longer than 24 hours is prohibited, except in the following locations or under the following conditions:
• None
36 CFR §2.23 – RECREATION FEES
(b) Recreation fees, and/or a permit, in accordance with 36 CFR part 71, are established for the following entrance fee areas, and/or for the use of the following specialized sites, facilities, equipment or services, or for participation in the following group activity, recreation events or specialized recreation uses:
Entrance Fee Areas:
• None
Daily Site Use Fee Areas:
• None
Special Recreation Permit Fee (Such as but not limited to, group activities, recreation events, and the use of motorized recreation vehicles):
• None
36 CFR § 2.31 TRESPASSING, TAMPERING AND VANDALISM
(a) The following are prohibited:
• Trespassing: Trespassing, entering or remaining in or upon property or real property not open to the public, except with the express invitation or consent of the person having lawful control of the property or real property.
• Tampering: Tampering or attempting to tamper with property or real property, or moving, manipulating or setting in motion any of the parts thereof, except when such property is under one's lawful control or possession.
• Vandalism: Destroying, injuring, defacing, or damaging property or real property.
• Harassment: Intentional or reckless harassment of park visitors with physical contact.
• Obstruction: Intentional or reckless obstruction of any sidewalk, trail, highway, building entranceway, railroad track, or public utility right-of-way, or other public passage, whether alone or with others. The mere gathering of persons to hear a speaker communicate, or simply being a member of such a gathering, does not constitute obstruction. An official may make a reasonable request or order that one or more persons move in order to prevent obstruction of a public passage, and refusal of such an order constitutes obstruction.
(b) The regulations contained in this section apply, regardless of land ownership, on all lands and waters within a park area that are under the legislative jurisdiction of the United States.
36 CFR §2.35 –ALCOHOLIC BEVERAGES and CONTROLLED SUBSTANCES
(a)(3)(i) The following public use areas, portions of public use areas, and/or public facilities within the park are closed to consumption of alcoholic beverages, and/or to the possession of a bottle, can or other receptacle containing an alcoholic beverage that is open, or has been opened, or whose seal has been broken or the contents of which have been partially removed:
• All
36 CFR §2.37 – NONCOMMERCIAL SOLICITING
Soliciting or demanding gifts, money, goods or services is prohibited except pursuant to the terms and conditions or a permit that has been issued under §2.50, §2.51, or §2.52.
36 CFR §2.38 – EXPLOSIVES
(a) Using, possessing, storing, or transporting explosives, blasting agents or explosive materials is prohibited, except pursuant to the terms and conditions of a permit.
(b) Fireworks and firecrackers may be possessed and/or used in the following areas, under the conditions noted:
• As permitted by the Superintendent
• Use of black powder for interpretive programs sponsored by the National Park Service.
36 CFR §2.50 – SPECIAL EVENTS
(a) Sports events, pageants, regattas, public spectator attractions, entertainments, ceremonies, and similar events are allowed, provided there is a meaningful association between the park area and the events, and the observance contributes to visitor understanding of the significance of the park area, and a permit therefor has been issued by the superintendent.
• Werowocomoco is currently closed to all special events.
The closure is in effect to protect the park’s natural and cultural resources and to provide for public safety.
36 CFR §2.51 -- DEMONSTRATIONS
(b) Demonstrations of more than 25 people are allowed within park areas designated as available under paragraph (c)(2) when the superintendent has issued a permit for the activity.
(c)(2) The following locations are designated as available for demonstrations:
• None
36 CFR §2.52 -- SALE OR DISTRIBUTION OF PRINTED MATTER
(b) The sale or distribution of printed matter by more than 25 persons is allowed within park areas designated as available under §2.51(c)(2) (see above) when the superintendent has issued a permit.
36 CFR §2.60 – LIVESTOCK USE AND AGRICULTURE
(a) Livestock are generally prohibited in any park area. They are only permitted in park areas pursuant to the exceptions provided for in §2.60(a) and only pursuant to the terms and conditions of a license, permit, or lease.
36 CFR §2.61 – RESIDING ON FEDERAL LANDS
(a) Residing in park areas, other than on privately owned lands, is prohibited except pursuant to the terms and conditions of a permit lease or contract.
36 CFR §2.62 – MEMORIALIZATION
(a) The installation of a monument, memorial, tablet, structure, or other commemorative installation in a park area without the authorization of the Director is prohibited.
(b) The scattering of human ashes from cremation is prohibited, except pursuant to the terms and conditions of a permit, or in the following areas and according to the following conditions:
• None
36 CFR §3.3 – VESSEL PERMITS
Permits are required for the use of a vessel pursuant to §1.5(d). See §1.5(d) of this document for details.
36 CFR §3.7 – PERSONAL FLOATATION DEVICE (PFD) REQUIREMENTS
PFDs must be worn or carried on the designated waters, at the designated times and/or during designated water based activities outlined in §1.5 of this document.
36 CFR §3.6 – BOATING OPERATIONS
D. Public Boating: Except as permitted by the Superintendent, all fresh water impoundments and certain riverbank areas within the park are closed to boating, to include the following areas:
• York River dock.
• Caffee Creek dock.
• Leigh Creek dock.
The closure is in effect in order to maintain the historical significance of Werowocomoco, to protect the park’s cultural and natural resources and to provide for public safety.
(a)(2) Launching or operating a vessel is prohibited, except at one of the following launch sites:
• None, except as permitted by the Superintendent.
(a)(4) Vessels must meet the length, width, or horsepower conditions outlined in §1.5 of this document.
(b)(3) Operating a vessel in excess of flat wake speed is prohibited in the following areas:
• None
(b)(5) Operating a power-driven or sailing vessel within 500 feet of a shoreline designated as a swimming beach is prohibited, except for in the following locations:
• None
36 CFR §3.12 – USING A VESSEL TO TOW A PERSON
(a) The towing of a person by a vessel is allowed only in the designated areas and in accordance with the following conditions listed in 36 CFR §1.5 of this document.
(b) Towing a person using a parasail, hang-glider or other airborne device may be allowed only in accordance with a permit.
36 CFR §3.14 REMOVING A SUNKEN, GROUNDED, OR DISABLED VESSEL
(a) The removal of a vessel and its cargo must be done in accordance with the following established procedures:
• As permitted by the superintendent and supervised by delegated employees to prevent damages to park resources.
36 CFR §3.16 – SWIMMING AND WADING
Swimming or wading is allowed in waters, subject to closures or restrictions designated in §1.5 of this document.
36 CFR §3.17 – SWIMMING AREAS AND BEACHES
(a) Swimming areas and swimming beaches are designated in §1.5 of this document.
(c) Prohibitions on the use or possession of flotation devices, glass containers, kites, or incompatible activities in swimming areas or swimming beaches are outlined in §1.5 of this document.
36 CFR §3.18 – SCUBA AND SNORKELING
(a) Snorkeling and underwater diving is allowed in park waters, subject to the closures or restrictions designated in §1.5 of this document.
36 CFR §3.19 – USE OF SUBMERSIBLES
The use of manned or unmanned submersibles may only occur in accordance with a permit issued by the superintendent.
36 CFR §3.20 – WATER SKIING
(a) The towing of persons by vessels is allowed in the following areas under the terms and conditions noted:
• None
36 CFR §3.21 – SWIMMING AND BATHING
(a)(1) The following areas are closed to swimming and bathing:
• All
(a)(2) The following restrictions apply to all swimming and bathing activities:
• None
(b) The use of floatation devices, glass containers, kites, or incompatible sporting activities is not permitted on the following swimming beaches, as noted:
• All
36 CFR §3.23 – SCUBA AND SNORKELING
(a) SCUBA diving and snorkeling is permitted in the following swimming, docking, and mooring areas under the terms and conditions noted:
• None
36 CFR §3.24 – PERSONAL WATERCRAFT (PWC)
• None
36 CFR §4.10 – TRAVEL ON PARK ROADS AND ROUTES
(a) Park roads, open for travel by motor vehicle are those indicated below, and/or as indicated in the following publication or document.
• Ginny Hill Road
• Main entry road/driveway
• Other roads traditionally used by tenants and their guests of the life estate
(c)(1) Operating a motor vehicle not equipped with pneumatic tires is prohibited, except that a track-laying motor vehicle or a motor vehicle equipped with a similar traction device may be operated on one of the following routes designated for these vehicles:
• None
36 CFR §4.11 – VEHICLE LOAD, WEIGHT AND SIZE LIMITS
(a) The following load, weight and size limits, which are more restrictive than State law, apply to the roads indicated under the terms and conditions, and/or under permit as noted:
• None
36 CFR §4.21 – SPEED LIMITS
(b) The following speed limits are established for the routes/roads indicated:
• Ginny Hill Road – 15 MPH
• Main entry road/driveway- 15 MPH
36 CFR §4.30 – BICYCLES
(a) The use of a bicycle is prohibited except on park roads, in parking areas, and on routes designated for bicycle use. Park roads and parking areas that are closed to bicycle use are listed in §1.5 of this document. The following additional routes, in developed areas or special use zones, have been designated for bicycle use:
• None
(b) Bicycle use is not allowed in undeveloped areas.
(d)(3) Riding a bicycle abreast of another rider is allowed on the following routes:
• None
36 CFR §4.31 – HITCHHIKING
Hitchhiking or soliciting transportation is prohibited except in the following designated areas and under the following conditions:
• None
36 CFR §5.1 – ADVERTISEMENTS
Commercial notices or advertisements shall not be displayed, posted, or distributed on federally owned or controlled lands within a park area unless prior written permission has been given by the Superintendent.
36 CFR §5.3 – BUSINESS OPERATIONS
Engaging in or soliciting any business in park areas, except in accordance with the provisions of a permit, contract, or other written agreement with the United States, except as such may be specifically authorized under special regulations applicable to a park area, is prohibited.
36 CFR §5.4 – COMMERCIAL PASSENGER-CARRYING MOTOR VEHICLES
(a) The commercial transportation of passengers by motor vehicle except as authorized under a contract or permit from the Secretary or his authorized representative is prohibited in certain parks. See §5.4(a) for more information.
36 CFR §5.5 – COMMERCIAL PHOTOGRAPHY
(a) Before any motion picture may be filmed or any television production or sound track may be made by any person other than bona fide newsreel or news television personnel, written permission must first be obtained from the Superintendent.
(b)Taking photographs of any vehicle or other articles of commerce or models for the purpose of commercial advertising without a written permit from the Superintendent is prohibited.
36 CFR §5.6 – COMMERCIAL VEHICLES
(b) & (c) Using commercial vehicles on government roads within park areas when such use is in no way connected with the operation of the park is generally prohibited, and requires permission or a permit from the Superintendent.
36 CFR §5.7 – CONSTRUCTION OF BUILDINGS OR OTHER FACILITIES
Such activities are prohibited, except in accordance with the provisions of a valid permit, contract, or other written agreement with the United States.
36 CFR §5.1 – EATING, DRINKING, OR LODGING ESTABLISHMENTS
(a) In certain parks, establishments offering food, drink, or lodging for sale on privately owned lands may only be operated with a permit from the Superintendent. See §5.10 for more information.
36 CFR §§6.4, 6.5, 6.8, 6.9 – WASTE DISPOSAL SITES
A person proposing to operate a solid waste disposal site must submit a request for a permit to the proper Superintendent for review by the Regional Director
