Code of Federal Regulations Title 36, Chapter 1, Section 1.7(b)
Compendium of Designations, Closures, Permit Requirements, and other restrictions imposed under the discretionary authority of the Superintendent.
The following regulatory provisions are established for the proper management, protection, government, and public use of Fort Pulaski National Monument under the jurisdiction of the National Park Service.
These are in accordance with regulation and the delegated authority provided in Title 36, Code of Federal Regulations, Chapter 1, Parts 1 through 7, authorized by Title 54, United States Code, Chapter 1003.
Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained within 36 CFR, Chapter 1, and Section 7.14 Special Regulations.
Written determinations, which explain the reasoning behind the Superintendent’s use of discretionary authority, are required by Section 1.5(c) and appear in this document in italicized print.
This Compendium is current as of October 12, 2023, and will remain in effect until specifically amended or supplemented by the Superintendent. The Compendium is available on the Fort Pulaski National Monument website.
The CFR is available electronically through the E-CFR link.
Part 1.1 - Definitions
Airboat means a vessel that is supported by the buoyancy of its hull and powered by a propeller or fan above the waterline. This definition should not be construed to mean a “hovercraft,” that is supported by a fan-generated air cushion.
Bicycle means every device propelled solely by human power upon which a person or persons may ride upon land having one, two, or more wheels, except a manual wheelchair.
Drinking means consumption of any liquid beverage with the exception of water.
E-Bike means a two or three-wheeled cycle with fully operable pedals and an electric motor of less than 746 watts (1 horsepower).
Emotional Support Animal means an emotional support, therapy, comfort, or companion animal. The presence of these animals provides a calming effect for many people, but they do not qualify as service animals. Emotional support animals, comfort animals, and therapy dogs are not service animals under Title II and Title III of the ADA. Therefore, a park can treat an emotional support animal as a pet in accordance with its pet policy.
Fort and Demilune mean the structure of Fort Pulaski and adjacent demilune structure contained within the moat system.
Historic dike system means the structure that was created to drain Cockspur Island and place a barrier between the river and dry ground.
Motor Vehicle means every vehicle that is self-propelled except a motorized wheelchair. An e-bike is not considered a motor vehicle (see above definition).
Motorized Wheelchair means a self-propelled wheeled device, designed solely for and used by a mobility-impaired person for locomotion that is both capable and suitable for use in indoor pedestrian areas.
Park means within the legal boundaries of Fort Pulaski National Monument.
Park Road means the main-traveled surface of a roadway open to motor vehicles, owned, controlled or otherwise administered by the National Park Service.
Permit means a written authorization to engage in uses or activities that are outside of visitor use areas and activities.
Personal Watercraft means a vessel powered by an outboard motor, water-jet or an enclosed propeller or impeller system, where persons ride standing, sitting or kneeling primarily on or behind the vessel, as opposed to standing or sitting inside; these craft are 3 sometimes referred to by, but not limited to, such terms as “wave runner,” “jet ski,” “wet bike,” or “Sea-doo.”
Pet means a dog, cat, or any animal that has been domesticated.
Public Use Limit means the number of persons; number of type of animals; amount, size and type of equipment, vessels, mechanical modes of conveyance, or food/beverage containers allowed to enter, be brought into, remain in, or be used within a designated geographic area or facility; or the length of time a designated geographic area or facility may be occupied.
Segway means motor vehicle as defined above.
Service Animal means any dog 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. Although the DOJ definition of service animal only refers to a dog, the NPS must make reasonable modifications to policies, practices, or procedures to permit the use of a miniature horse by a person with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability. Service animals-in-training are not considered service animals.
Superintendent means the official in charge of the park unit (area) as the authorized representative of the National Park Service.
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 (model airplanes, quadcopters, and drones) that are used for any purpose, including recreation or commerce
Wading means walking in or through water.
Part 1.2 - Applicability and Scope
The regulations and public use limitations or restrictions contained in this document apply to all persons entering, using, visiting or otherwise within the boundaries of lands and waters, controlled, leased, and administered or subject to the jurisdiction of the National Park Service, Fort Pulaski National Monument.
The regulations and public use limitations or restrictions contained in this document shall not be construed to prohibit administrative activities conducted by the National Park Service, nor its agents, in accordance with approved management plans, or in emergency operations involving threats to life, property, or park resources.
Part 1.5 - Closure and Public Use Limits
Part 1.5 (a)(1):
Normal visitor hours on Cockspur Island are from 9:00 a.m. to 5:00 p.m. daily. Lazaretto Creek boat ramp and fishing area are open from dawn to dusk. McQueen’s trail is open during daylight hours.
Fort Pulaski is closed for visitation on Thanksgiving, Christmas, and New Year’s Day. Hours may vary seasonally or for special events.
Cockspur Island is closed after operating hours to all unauthorized access.
The Lighthouse Island and Cockspur Island Lighthouse is closed to the public, including beaching watercraft of any size, or traversing the island in any way, except by authorization by the Superintendent.
The North shoreline of Cockspur Island is closed to the public due to ongoing ecological restoration.
The area from the Facilities building (50 Cockspur Island Road) to the western park boundary is closed to the public.
Eating and drinking beverages (other than water) are prohibited in the visitor center, theater, and exhibit area.
Picnicking is prohibited within the walls of the historic fort and demilune.
Swimming is prohibited within the boundaries of the Fort Pulaski. The waters in and around Cockspur Island are closed to swimming and diving.
Walking through the marsh is prohibited within the boundaries of Fort Pulaski.
Athletic and recreational activities such as ball playing, kite flying, golfing, horseshoes, frisbee, and disc golf are prohibited within the historic fort and dike system, except during authorized programs or with a special use permit. Bicycle use is prohibited within the demilune and fort.
Climbing on the fort walls, demilune mounds, or trees or within the park is prohibited.
The attachment of any items on any trees or other park structures is prohibited.
Geocaching is prohibited within the boundaries of Fort Pulaski. Virtual Geocaching may be authorized by a special use permit issued by the Superintendent.
Fishing and boating are prohibited in the fort moat, feeder canals, and the historic dike system.
Boats are prohibited from anchoring or beaching on the shoreline of Cockspur Island.
Launching, landing, or operating an unmanned aircraft from or on lands and waters within the boundaries of Fort Pulaski is prohibited, except as supported in writing by the Superintendent. Model rockets are also prohibited.
The operating of air boats and personal watercraft within the boundaries of Fort Pulaski is prohibited. See 36 CFR 3.9.
Segways and motorized scooters, as defined under 36 CFR 1.4 are motor vehicles. Segways and motorized scooters are permitted on all paved areas designed for motor vehicles within the park including all paved roads and parking lots. Any park visitor with a disability is permitted to use Segways and motorized scooters throughout the park, including all structures, facilities, park roads, sidewalks, trails, and other surfaces when such devices are used for the sole purpose of mobility assistance. Finally, use of any mobility assistive device, as outlined above, must also adhere to the following:
No person under 16 years of age may operate a Segway within the park.
A person shall operate any mobility assistive device in a safe and responsible manner. Maximum speed will not exceed more than 8 M.P.H. (“Segway Sidewalk/Intermediate” key), so as not to endanger oneself or any other park visitor.
A person riding any mobility assistive device upon and along a sidewalk, while crossing a roadway in a crosswalk, entering, or exiting from an elevator, or on any other surface shall have all the rights and duties applicable to a pedestrian under the same circumstances, except that the mobility assistive device operator must always yield to pedestrians (park visitors).
Part 1.5 (a)(2):
The harvesting of shellfish is prohibited within the boundaries of Fort Pulaski National Monument with exception of the designated areas listed in this section. Recreational oyster harvesting is only permitted in Oyster Creek. The collection of blue crabs is permitted, however, no crab traps are allowed unattended within the park. The collection of fiddler crabs and horseshoe crabs is prohibited. All recreational fishing, oyster harvesting, and crabbing must conform to Georgia Department of Natural Resources guidelines and limits.
Part 1.5 (a)(3)(d):
Reservations and fee waiver permits are required for educational groups that conform to use limits and conditions.
JUSTIFICATION:
Hours of Operation: Cockspur Island is closed to unauthorized vehicular traffic during non-operational hours to protect park natural and cultural resources. Authorized users include National Park Service employees, Coast Guard personnel, Savannah Bar Pilots, park employees on official business, residents of the park campground, and others as determined by the Superintendent.
Closure of the Lighthouse Island and the Cockspur Island Lighthouse: Lighthouse Island is closed as it is an active ecological restoration area. The Cockspur Island Lighthouse is closed as it presents a health and safety risk to park visitors and a potential to do harm to the resource through vandalism.
Closure of the North Shore of Cockspur Island: The North Shoreline is an active ecological restoration area that was developed to protect historic features from erosion and affords critical habitat for wildlife. The river is swift with unpredictable currents and supports heavy shipping and boating traffic.
Closure of the West End of Cockspur Island: Cockspur Island is closed to the public at the gate at the end of the park road immediately west of Coast Guard Station Tybee as this is an secure administrative area.
Picnicking Restriction: Picnicking is prohibited within the Fort and demilune in order to preserve the setting and provide visitors the opportunity to better appreciate the significance of this area for its intended purpose without undue encroachment.
Swimming and Wading Restrictions: Swimming access from Cockspur Island is prohibited. The North and South Channels of the Savannah River surround the island. The shore is rocky or excessively muddy and lacks suitable safe areas for water access. The river is swift with unpredictable currents and supports heavy shipping and boating traffic. Swimming and wading in the historic moat are prohibited to preserve the integrity of the historic scene. Swimming and wading is also prohibited in the feeder canals and the entire ditch system of the park.
Alcohol Restrictions: The consumption of alcoholic beverages and the possession of open receptacles containing alcoholic beverages within the historic dike system are prohibited in order to preserve the historic setting, and provide visitors an opportunity to better appreciate the significance of the area for its intended purpose without undue encroachment.
Fishing and Boating Restrictions: Fishing and boating are prohibited in the fort moat, feeder canals, and the entire ditch system of the park in order to preserve the integrity of the historic scene and for safety. Boats are prohibited from anchoring or beaching anywhere along the shoreline of Cockspur Island to protect the fragile marsh ecosystem.
Activity Restrictions: Athletic and recreational activities such as ball playing, kite flying, golfing, horseshoes, frisbee, and disc golf are prohibited within the historic fort and dike system in order to preserve the setting and provide visitors an opportunity to better appreciate the significance of this area for its intended purpose without undue encroachment. Athletic and recreational activities are permitted and encouraged in other areas of the monument if they do not interfere with visitor access.
Eating and Drinking Restrictions: Eating and drinking are prohibited in the visitor center, theater and exhibit area because such activities are incompatible with a museum environment and accidents could damage irreplaceable cultural resources. The restrictions conform to Special Directive 80-1.
Unmanned Aircraft / Model Rocket Restrictions: Flying unmanned aircraft within Fort Pulaski National Monument may adversely impact Threatened and Endangered Species and other federal or stale protected species, wildlife, ecological communities, archeological and cultural resources and wilderness characteristics, wildlife, archeological and cultural resources, and wilderness characteristics. Due to the heavy concentration of visitors both within and without the historic dike system and the potential for fire ignition, model rocket launching is considered a safety hazard and are therefore prohibited within the park.
Part 1.6 - Permits
Part 1.6 (a)(f) The following activities require advance permits:
Research/Specimen Collection Part 2.5(a)
Camping, Part 2.10 (a)
Special events, Part 2.50 (a)
Public assemblies Part 2.51 (a)
Sale or distribution of printed material, Part 2.52 (c)
Memorialization, Part 2.62 (b)
Display of commercial notices or advertisements Part 5.1
Business Operations Part 5.3
Commercial filming, still photography, and audio recording Part 5.5
Construction of buildings or other facilities Part 5.7
Commercial tours or activities
Weddings
Military exercises
Filming
§5.5 Commercial filming, still photography, and audio recording
(a) Commercial filming and still photography activities are subject to the provisions of 43 CFR Part 5. All commercial filming requires a permit.
Still photography does not require a permit unless:
It uses a model, set, or prop
It takes place where members of the public are not allowed.
The park would incur costs to provide onsite management to protect resources or minimize visitor use conflicts
(b) Audio recording does not require a permit unless:
It takes place at locations where or when members of the public are generally not allowed
The equipment requires mechanical transport.
It requires an external power source.
The activity requires monitoring.
The activity impacts resources.
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 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 or their designee will provide the basis for denial in writing upon request.
JUSTIFICATION: Certain activities require permits issued by the Superintendent to ensure such activities are conducted in compliance with applicable regulations. Permits will be considered for authorization when the activity is determined is determined to be appropriate for the purpose for which the park was established and can be sustained without the causing unacceptable impacts. Permits are required when the agency would incur costs for providing on-site management and oversight to protect agency resources or minimize visitor use conflict. An application for a permit should be submitted to the Superintendent or their designee during normal business hours and within a time frame that is sufficient for an informed decision to be made. Permits that are not submitted within a sufficient time frame will be denied.
Part 2.1 - Preservation of Natural, Cultural, and Archeological Resources
Part 2.1 (a)(7): Metal detecting devices are prohibited. This includes magnet fishing.
JUSTIFICATION: Lands and waters of the National Park Service preserve the natural, cultural, and archeological resources which may be located and disturbed with the use of a magnet. Magnet fishing has been known to recover dangerous items, such as bombs, ammunition, and firearms. In addition, historical artifacts may be removed from their natural state.
Part 2.1 (c)(1): Only the following natural products may be gathered for personal, non-commercial use or consumption in the designated quantities listed below:
Blackberries - ½ gallon per person per day
Figs – ½ gallon per person per day
Pinecones - 1 bushel per person per day
Pine straw - 1 pick-up load or 5 garbage bags quarterly
JUSTIFICATION: These have been determined by the Superintendent to be reasonable quantities of certain items which may be gathered for personal use or consumption. The quantities are limited to provide an equitable availability to the public and to eliminate any adverse effects on park wildlife, the reproductive potential of plant species, or other park resources.
Part 2.2 - Wildlife Protection
Part 2.2 (e): Cockspur Island and McQueens island are closed to the viewing of wildlife with an artificial light.
JUSTIFICATION: The closure of the island during non-operational hours precludes the legitimate use of artificial light to view wildlife. It is also determined that the use of artificial light to view wildlife in such a confined area would constitute frightening or disturbing wildlife as prohibited in 36 CFR, Part 2.2(a)(2).
Part 2.3 - Fishing
Part 2.3 (d)(8): Fishing is not permitted in the following locations: Fort Pulaski bridge (from 8:45 am until 5:15 pm) and the Lazaretto boat ramp and dock, and during events or permitted activities.
JUSTIFICATION: The bridge over the South Channel of the Savannah River is closed by gate to all but authorized vehicular users (Coast Guard, Bar Pilots, and park personnel on official business) during non-operational hours. Fishing from the bridge is prohibited during the operating hours of the park due to safety concerns from traffic. Lazaretto boat ramp is used for launching vessels. Lazaretto dock is used for loading/unloading persons and equipment onto and off of vessels. A fishing pier is located at the end of the Lazaretto Road.
Part 2.10 - Camping and Food Storage
Part 2.10 (b)(10) Camping is prohibited in the park except during authorized programs.
JUSTIFICATION: Due to safety and resource concerns, camping is prohibited in the park unless authorized by the Superintendent.
Part 2.13 - Fires
Part 2.13 (a)(1): Fires are permitted in provided grills and in privately owned grills in good working order within the picnic area. Campfires are permitted during authorized programs. Fires may be prohibited due to high fire danger as determined by the Superintendent.
JUSTIFICATION: Fires must be contained in grills to protect human life, structures, and natural resources.
Part 2.15 - Pets
Except for service animals, pets are not permitted in the Visitor Center, Eastern National bookstore, and in the restrooms. Emotional support animals are not service animals.
JUSTIFICATION: The restriction of possessing a pet in the above listed areas is necessary for the protection of park resources, public safety, and the minimization of visitor conflicts.
Part 2.15 (a)(2): Pets must be always under physical control (6-foot leash). Electronic collars are not to be used in lieu of a leash.
JUSTIFICATION: Unrestrained pets may result in conflicts with other visitors, other pets, or wildlife.
36 CFR 2.15 (a)(3): Leaving a pet unattended in a vehicle under heat conditions that pose a significant risk to the health of a pet is prohibited. The Superintendent may authorize the impound (taking custody of pets) that are endangered in these heat conditions.
JUSTIFICATION: The Superintendent has determined that conditions may exist where the act of leaving a pet in a vehicle during hot weather may pose a significant risk to the health of a pet.
Part 2.16 - Horses and Pack Animals
Part 2.16 (b) The use of horses and pack animals is not permitted within the park.
JUSTIFICATION: The use of horses and pack animals is prohibited within the park because of the fragile nature of the sandy trails and the inherent incompatibility of pedestrians and horses in such a confined area, and to prevent the spread of exotic flora.
Part 2.21- Smoking
Part 2.21(a): Smoking and the use of e-cigarettes (vaping) are prohibited inside and within 25 feet of all buildings, including the fort and demilune, 50 ft. from Above Ground Fuel Storage Tanks and all vehicles.
JUSTIFICATION: Directors Order 50D establishes a National Park Service policy for tobacco smoking that will protect employees and park visitors from the health hazards associated with environmental tobacco smoke, commonly known as “second-hand smoke.” It is in conformity with Executive Order 13058 “Protecting Federal Employees and the public from Exposure to Tobacco Smoke in the Federal Workplace.” Policy Memorandum 15-03 prohibits the use of electronic nicotine delivery systems. Prohibition of smoking within the fort and demilune also implements management policies to protect cultural resources.
Part 2.35 - Alcoholic Beverages and Controlled Substances
Part 2.35 (a)(3)(i): The area within the historic dike system is closed to the possession and consumption of alcoholic beverages unless authorized.
JUSTIFICATION: The possession and consumption of alcoholic beverages and the possession of open receptacles containing alcoholic beverages within the historic dike system are prohibited to preserve the historic setting and provide visitors an opportunity to better appreciate the significance of the area for its intended purpose without undue encroachment.
Designated First Amendment Activity Area
NPS
Part 2.51 - Public Assemblies, Meetings
Permits associated with First Amendment activities are necessitated by the group size. First Amendment Activities may include demonstrations, picketing, speechmaking, marching, holding vigils or religious services and all other like forms of conduct which involve the communication or expression of views or grievances, engaged in by one or more persons, the conduct of which is reasonably likely to draw a crowd of onlookers. Excluded from this definition is the casual park use by visitors which is not reasonably likely to attract a crowd or onlookers.
The Superintendent shall, within ten (10) days of receiving a complete and dully executed application, issue a permit or written denial.
(b) Permits and the small group exception: Demonstrations involving 25 persons or fewer may be held without a permit provided that the other conditions required for the issuance of a permit are met and provided further that the group is not merely an extension of another group already availing itself of the 25-person maximum under this provision. This group must not unreasonably interfere with other demonstrations, special events or park program activities. Individuals and small groups who take advantage of the permit exception may make use of hand-carried signs, but not stages, platforms, amplified sounds, or structures. While it is not mandatory, the organizer is requested to provide reasonable notice of the proposed event to the park superintendent, including whether there is any reason to believe that there may be an attempt to disrupt, protest, or prevent the activity.
A large group is defined as more than 25 people and is required to obtain a First Amendment Permit even if they are utilizing a park designated First Amendment location. There are no fees associated with First Amendment right permits. No public assembly permits shall be issued for 11 a period more than 14 days.
(c) Designated available park areas: Refer to the attached map for the area open to first Amendment activities. Conducting a First Amendment activity outside of the designated area will require a permit.
Those groups or individuals using park land for activities protected under the First Amendment of the U.S. Constitution are subject to all applicable local, state, and federal laws.
JUSTIFICATION: The area is designated to provide equal access to groups or individuals wishing to exercise First Amendment rights under the U.S. Constitution. The area provides high visibility, while not impeding visitor access or interfering with the visitor experience.
Part 3.20 - Boating
Part 3.20(b) The boat ramp at Lazaretto Creek is the only access point to launch recreational boats within the park. All vessels are required to maintain idle speed (no wake) within 100 feet of existing dock 12 structures. Commercial boating, launching, or activity of any kind is prohibited except with a permit. Refer to 36 CFR 5.3.
JUSTIFICATION: Lazaretto Creek is the only suitable location to launch a recreational boat. No wake restrictions are codified in state law (O.C.G.A. §52-7-18(f)) and is adopted here for the purpose of consistency. It is necessary to provide safety for vessels docking and departing, as well as the protection of dock structures. Commercial boating requires a permit issued by the Superintendent to ensure such activities are conducted in compliance with applicable regulations.
Part 4.21 - Vehicle Speed Limits
Part 4.21 (b) : Unless otherwise posted, the speed limit on Fort Pulaski Road and Cockspur Island Road is 20 miles per hour. The speed limit on the Lazaretto Road is 10 miles per hour.
JUSTIFICATION: A speed limit of 20 miles per hour has been determined to be the maximum safe speed for all roads on Cockspur Island. A speed limit of 10 miles per hour has been determined to be the maximum safe speed on the Lazaretto Road.
Part 4.30 - Bicycles and E-bikes
Bicycle use is prohibited in the following areas: the moat wall, into the fort, within the demilune, and inside the historic fort.
E-bikes are allowed in Fort Pulaski National Monument where traditional bicycles are allowed.
Using the electric motor to move an e-bike without pedaling is prohibited, except where public use of motor vehicles is allowed.
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(h)(2)-(5).
Except as specified in this Compendium, the use of an e-bike within Fort Pulaski National Monument 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.
JUSTIFICATION: The use of bicycles and e-bikes on the moat wall, into the fort, within the demilune, and inside the historic fort presents a safety hazard to park visitors and park resources.
