Superintendent's Compendium

2024 Superintendent's Compendium of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority.

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 54 United States Code Section 100751(a) the following regulatory provisions are established for the proper management, protection, government, and public use of those portions of Katahdin Woods and Waters National Monument (the monument) under the jurisdiction of the National Park Service. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, Parts 1-7.

 

NPS

 

 

INTRODUCTION

1. Superintendent’s Compendium Described

The Superintendent’s Compendium is the summary of monument-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 monument. 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 monument and to protect visitors and property within the monument. 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 (monuments). 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 monument. 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 monument.

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 monument wildlife, the reproductive potential of a plant species, or otherwise adversely affect monument 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.ecfr.gov/current/title-36

 

2. Laws and Policies Allowing the Superintendent to Develop This Compendium

The NPS is granted broad statutory authority under 54 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” (54 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” (54 U.S.C. Section 3).

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 (54 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.”
In 2014, Title 54 was enacted by Congress and signed into law to be solely devoted to all laws applicable to the NPS. 54 U.S.C. Section 100501 states: “The [National Park] System shall include any area of land and water administered by the Secretary, acting through the Director, for park, monument, historic, parkway, recreational, or other purposes.”
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, NPS, 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, if use does not impair specific park (monument) 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, then 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 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 Commissioned Law Enforcement Park Rangers enforce the requirements of the United States 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 in36 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.

 

8. Comments on the Compendium

The Compendium is reviewed annually and revised as necessary. The monument 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.

A map of the monument and a map of the parcels are attached for use with this Compendium. Additional information is available at: https://www.nps.gov/kaww/planyourvisit/index.htm

 

11. Availability

Copies of the Compendium are available upon request which can be emailed to [e-mail] . It may also be found HERE.

 

I. CLOSURES AND PUBLIC USE LIMITS

36 CFR §1.5 - Visiting Hours, Public Use Limits, Closures, and Area Designations for Specific Use or Activities

Note: Violations under this section should be cited under §1.5(f) but include the specific compendium section as a subheading on the citation. As always, mandatory appearance citations are an option in lieu of the collateral.

(a)(1) The following visiting hours and public use limits are established for Katahdin Woods and Waters National Monument:

Visiting Hours:

• Hours of Operation: All monument lands accessible to the public are open to foot traffic 24 hours a day excepting areas of closure noted below.
• The monument may at times need to enact unscheduled closures of the monument, or restrict access to areas of the monument, for public safety and the protection of monument resources. Unscheduled closures which do not appear in the annual Superintendent’s Compendium, are enacted under the authority of the Superintendent or their designee. Public notice of such closures will be accomplished by signage at area access points, press releases, and information posted on the monument website.

Determination: To allow for year-round visitor use, monument lands are open to foot traffic by the public to facilitate hiking, skiing, snowshoeing and activities typically accomplished by non-mechanized human power.

Construction Site Closure:

• The Tekαkαpimək[1] Contact Station construction site, located on Lookout Mountain, the southeastern portion of the monument, is closed to the public. This closure includes the paths, parking areas, service roads, overlook, stairways and the southern and northern access roads that make up the construction site. This closure will remain in effect until the station is completed and the donation is accepted by the National Park Service, anticipated in the Fall of 2024.

Determination: The above closure is being made in the interest of public health and safety during construction and to protect the site from public access as authorized by 36 CFR §1.5 and notified to the public through this electronic compendium under 36 CFR§1.7

[1] Tekαkαpimək is Penobscot for “as far as one can see"- pronounced "de gah-gah bee-mook"

Road Closures and Use of Parking areas:

• The following seasonal road closures for vehicles are based upon weather conditions, available funding, and available personnel:
  • The Katahdin Loop Road and New River Road are closed to non-commercial, licensed wheeled vehicular traffic from approximately Veteran’s Day through Memorial Day, pending weather and field conditions.

Determination: Monument roads are not designed or maintained for year-round mechanized or motorized vehicle use.

• All gated or blocked monument administrative roads and fire roads are closed to public motorized vehicular use unless authorized by the Superintendent.

Note: Use by timber management vehicles is permitted without permit for roads listed in the Northern Maine Grant of Crossing Rights (State of Maine Book 9455, #27987). Right-of-ways (ROWs) for timber management vehicles through certain parcels are permitted by deed.

Determination: These roads are not built nor maintained for visitor use. Limited administrative use consistent with necessary monument operations is permitted to reduce monument fuel use and to provide maintenance access to monument facilities. Some permittees and cooperators require access to remote sites to accomplish the purposes of their permit. Where authorized in the permit, such use of administrative roads is authorized. However, this use is limited to that required to accomplish the purposes of the permit, work agreement or incident response. Public bicycle use on these roads is permitted with caution.

• Haskell and Big Spring Brook Huts are available for reservation through Recreation.gov from mid-November through mid-March.

Determination: The Haskell and Big Spring Brook huts are popular use areas for visitors during the winter season. During the summer season, the huts are used as a base of operations for researchers, hosted workers, and park personnel.

• Visitors are permitted to park overnight within the monument at the following locations:
  • North gate parking area
  • Haskell gate parking area
  • Wassataquoik parking area
  • Barnard Mountain trailhead
  • Unnamed designated parking areas
  • Sandbank, Lunksoos, and Upper East Branch Campsite parking areas.

Note: Blocking gates or impeding traffic on roadways is prohibited under 36 CFR §4.13.

Determination: Overnight parking is available to accommodate for camping in the Monument.

Uncrewed Aircraft (Drones):

• Launching, landing, or operating an uncrewed aircraft from or on lands and waters administered by the NPS within the boundaries of Katahdin Woods and Waters National Monument is prohibited except as approved in writing by the Superintendent.

Definition: The term "uncrewed 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, and drones) that are used for any purpose, including for recreation or commerce.

Determination: While park (monument) managers understand the benefits of limited use of uncrewed aircraft systems (UAS) for research, for administrative use, and to provide for the public’s safety and welfare, public use of UAS and remote controlled model aircraft for recreational purposes is not a compatible use based upon the purpose of the monument’s establishment, the protection of scenic values, noise, potential conflicts with wildlife, visitors expectation of privacy, potential conflict among visitor use activities, and intrusion on other visitor’s enjoyment of the monument. In cases where UAS use is determined to be less intrusive than alternatives, UAS use will be considered on a case-by-case basis. For additional information, follow this link.

Geocaching:

• Traditional geocaching is prohibited. (See also 36 CFR §2.22 – Property)

Determination: Due to concerns of unchecked development of traditional geocaches and the resultant development of associated social trails in areas of archeological, scenic, and biological significance, and the concern of geocache placement in unsafe areas, public development of traditional caches is prohibited.

Caves:

• All subterranean openings, including caves, mine shafts and crevices are closed to public entry.

Determination: To protect bat hibernacula habitat and other natural resources of the monument. Bat species known to occur within Katahdin Woods and Waters National Monument are also susceptible to White Nose Syndrome, a disease that has killed millions of bats in North America since 2006. To ensure that threatened and endangered bats, as well as bats which are listed as candidate species, are not disturbed during hibernation or reproduction, it is necessary to protect their habitat from human intrusion.

Facility Closures:

• The administrative facility at Lunksoos Camp on the east side of Seboeis Rd, and abutting the campground, is closed to the public.

Note: Guests and other visitors with a legitimate business purpose are not subject to this restriction.

• The Maintenance Yard on Swift Brook Rd.

Determination: Maintenance Facility areas are closed to public presence, use and access, except for individuals conducting administrative business. These closures improve the security of stored equipment and materials and prevent visitor injuries during frequent

Filming (Video)

• The following types of filming activities may occur in areas open to the public without advance notice to the NPS:

(1) Outdoor filming activities involving five persons or less and equipment that is carried at all times, excepting small tripods used to hold cameras.
(2) 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
• Avoid conflict among visitor use activities.
• If the Superintendent determines that the terms and conditions of a permit does not adequately mitigate the above concerns, 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:
  • Engaging in a filming without providing advance notice to the Superintendent when required.
  • Engaging in a filming without a permit if the Superintendent has notified the organizer in writing that a permit is required.
  • Violating a term and condition of a permit 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.

Determination: Filming events that involve more than five people and hand carried equipment need to be evaluated to determine if the proposed activity may cause issues with public safety, environment or scenic values, damage to natural or cultural resources, conflict with other visitors and equitable use and access to monument areas. Commercial Still Photography is still covered under 36 CFR 5.5(b) and requires a permit.

Telemetry

• The open display and/or use of radio telemetry equipment or similar electronic tracking devices are prohibited on monument lands west of the East Branch of the Penobscot River.

Note: The use of telemetry devices on dogs is considered hunting with dogs, which is not permitted. Telemetry used to facilitate the collection of dogs that have entered the monument after being legally released outside monument boundaries for bird retrieval while hunting is not considered hunting. Retrieval of dogs, who inadvertently cross into the monument, is allowed, and owners are encouraged to collect and remove their dogs as soon as possible.

Determination: Radio telemetry and GPS tracking devices are the most efficient method of catching a dogthat has entered the monument. Radio telemetry can also be used to track wildlife or to facilitate a hunt by tracking dogs in pursuit of wildlife. This restriction is intended to address the specific use of telemetry and GPS tracking devices as a means of hunting, which is expressly prohibited within areas closed to hunting within Katahdin Woods and Waters National Monument.

Snowmobile

• Snowmobile use is limited to the designated Interconnected Trail Systems (ITS).
• Each year, routes are designated for the ITS by a specific public/private process established by the State of Maine. It is the position of the Superintendent to maintain this connectivity of the trail system and public snowmobile use, within the limits of the Proclamation for the monument. The establishment of the Katahdin Woods and Waters National Monument is subject to valid existing rights, including the November 29, 2007 “Access Agreement” between EFI (Elliotsville Foundation Inc. – the previous land owner) and the State of Maine, Department of Conservation, that provides for certain public snowmobile use on specified parcels east of the East Branch of the Penobscot River and the Swift Brook and Stacyville Roads on the Deasey Pond Tract west of the East Branch of the Penobscot River. The intent of this agreement is to continue to allow snowmobile routes within Katahdin Woods and Waters National Monument, east of the East Branch Penobscot River, to remain available for use in the Interconnected Trail System (ITS.)
• Maps are available online from the Maine Snowmobile Association at https://webapps2.cgissolutions.com/mainesnowmobile/ or the Katahdin Chamber of Commerce. Printed maps may be obtained at local businesses or through the Maine Snowmobile Association.

Determination: The use of snowmobiles is allowed via the Access Agreement that was accepted by the NPS when they accepted the deeds for the property. Snowmobile routes are over disturbed areas that were used for logging and logging still regularly occurs near these areas outside of monument boundaries. There is no ground disturbance since it is over snow. Adjacent logging operations generate considerable noise so there is no additional noise disturbance.

Camping Areas

• Please refer to §2.10 of this document for detailed camping information.

Boat Launching Sites

• Please refer to §3.8 of this document for detailed watercraft information.

 

II.PERMITS

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 Over-snow grooming
• § 2.5(b) Specimen collecting, research, and some science education activities
• § 2.12 Creating Audio Disturbance
  • (a)(2) Operating a chain saw in developed areas
  • (a)(3) Operation of any type of portable motor or engine, or device powered by a portable motor or engine in non-developed areas
  • (a)(4) 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
• §2.13 (a)(1) Fires outside of designated areas
• §2.22 (a)(2) Leaving property unattended except when camping at overnight huts
• §2.50 Special Events - Special Use Permits (Events, Races, Weddings etc.)
• §2.51 First Amendment Activities such as public assemblies, meetings, gatherings demonstrations, parades, and public expressions of views.
• §2.52 Sale and distribution of printed material
• §5.5 Commercial filming permits
• (a) Commercial filming of motion pictures or television involving the use of professional casts, settings or crews, other than bona fide newsreel or news television
• (b) Still photography of vehicles, or other articles of commerce or models for the purpose of commercial advertising.
• §5.6 Commercial Vehicles (travel through park) See Section 1.5 for use limitations.

Note: If not indicated under the specific regulation, violations under this section should be cited under the appropriate CFR section or §1.6(g)(1) or (2).

The authority to issue Commercial Use Authorizations (CUAs) is found at 54 U.S.C. 101925 (PL 105-391 Sec 418(2)(A)). CUAs are considered an activity that requires a permit.

 

III. GENERAL REGULATIONS

36 CFR §2.1 – Preservation of Natural, Cultural and Archeological Resources

(a)(4) It is unlawful to gather or cut firewood except in the following areas:

• Within 500’ of an established campsite or camp shelter.
• Along Seboeis Road
• Along Katahdin Loop Road
• Along Swift Brook Road
• Along New River Road

Note: In the areas listed above, only dead wood on the ground may be collected for use as fuel for fires at designated campsites within the monument.. Wood may not be removed from the park nor may wood from the park be used for residential heating purposes, except pursuant to the terms and conditions of a special permit.

Determination: Established campsites or shelters are subject to regular foot traffic and campfire sites are required to be cleared of all vegetation around the fire ring. Dead wood on the ground within a 500-foot radius of the site presents a fire hazard and the use of this dead wood in campfires discourages the use of
living vegetation. Using dead wood available on-site prevents the use of wood that may be infested with invasive species like the Emerald Ash Borer.

(c)(1) & (c)(2), The following fruits, nuts, or berries 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 below:

• No more than one dry gallon per person, per day, of edible fruits, berries, and nuts may be gathered for personal use or consumption.

Note: A “dry gallon” refers to a gallon of uncrushed fruit or berries.

Determination: Collecting small quantities of edible berries, nuts, or fruits specified above causes no adverse impact on monument resources and increases the visitor experience. This activity does not adversely affect the wildlife or other resources, or the reproductive potential of a given species, as these species are commonly found in the area.

 

36 CFR §2.2 – Wildlife Protection

(a)(1) Tracking wounded wildlife into areas of the park closed to hunting, which was lawfully wounded in areas open to hunting, is prohibited unless accompanied by a commissioned park ranger. The ranger on site may terminate the search if the animal is not located within a reasonable amount of time, as determined by the ranger.

Determination: These regulations help to protect against the unlawful taking of wildlife within the park.

(a)(2) The feeding, touching, teasing, frightening or intentional disturbing of wildlife nesting, breeding or other activities is prohibited.

(b)(2) Hunting is permitted in the monument east of the East Branch of the Penobscot River as indicated in the monument Proclamation, related deeds and conservation agreement. The Hunting Areas Maps are located in Appendices B and C of this document, and online at:

https://www.nps.gov/kaww/planyourvisit/upload/Katahdin-Woods-and-Waters-Recreation-Map.pdf.

• Hunting bears with bait or dogs is prohibited.

Note: Where hunting is permitted, use of dogs for retrieval of upland gamebirds is permitted as described in the property deeds. Dogs must otherwise be on a leash per 36 CFR §2.15.

Determination: This is a declaration within the property deeds where hunting is permitted.

• Hunting within 300 feet (100 yards) of buildings, campsites, and boat launches is prohibited, including the Lunksoos Campus and Lunksoos Boat Launch.

Determination: Hunting within 300 feet (100 yards) of buildings, campsites and boat launches creates a hazard to public safety. State of Maine law requires 100-yard distance from houses, buildings, and boat launches.

(d) The transporting of lawfully taken wildlife through Katahdin Woods and Waters National Monument is permitted under the following conditions and procedures:

Wildlife legally taken in accordance with Monument and State of Maine Hunting Laws and Regulations, and properly tagged and identified, as required by state law, may be transported through the monument by using the following roads:

• Stacyville Road
• Roberts Road
• Swift Brook Road
• Sherman Lumber Road
• Seboeis Road
• Grondin Road
• American Thread Road
• Sucker Brook Road
• Lynnsoo Road

The above roads are shown on the map in Appendix B of this document and at:
https://www.nps.gov/kaww/planyourvisit/upload/Katahdin-Woods-and-Waters-Recreation-Map.pdf.

Note: All hunters are required to obtain a current State of Maine hunting license to hunt within the monument. Hunting regulations in the monument are in accordance with the State of Maine Summary of Hunting Laws Guide, found at https://www.maine.gov/ifw/hunting-trapping/hunting-laws/index.html

Determination: Hunting is allowed in the monument as described in the Proclamation, east of the East Branch of the Penobscot River. Hunters are required to follow Maine hunting laws, as described above.

(e) Park areas closed to the viewing of wildlife with an artificial light.

• The entire park is closed to viewing wildlife with artificial light.

Determination: This restriction is established for public safety and protection of wildlife. Artificial light can alter natural habits including mating, resting, and feeding. Artificial light also disrupts the natural darkness of night sky that visitors enjoy.

36 CFR §2.3 – Fishing

(a) Fishing is allowed in the monument, in accordance with State of Maine fishing regulations.

Determination: Fishing is allowed in the monument as per Maine fishing laws. There are no prohibitions on fishing in the monument Proclamation.

36 CFR §2.4 – Weapons, Traps, and Nets

(b)(2)(i) Weapons, traps or nets may only be carried, possessed, or used at the following designated times and locations:

• Trapping is permitted within the Hunt Farm Tract of the monument.

Determination: Trapping is permitted within the Hunt Farm based on uses outlined in the Conservation Easement for that parcel in cooperation with the State of Maine.

 

36 CFR §2.10 – Camping and Food Storage

(a) Camping is permitted in the following locations, with reservations available through Recreation.gov:

• Big Seboeis Campsite
• Big Springs Brook West Campsite
• Esker Campsite
• Grand Pitch Lean-to
• Haskell Deadwater Campsite
• Katahdin Brook Lean-to
• Lunksoos Campsites and Lean-to
• Pond Pitch West Campsite
• Sandbank Stream Campsites
• Stair Falls West Campsite
• Upper East Branch Campsite
• Wassataquoik Campsite and Lean-to

Note: Haskell and Big Spring Brook Huts are available for reservation through Recreation.gov from mid-November through mid-March.

Determination: Using permits and reservations allows monument management to maintain a positive visitor experience while minimizing user conflict and resource damage. The above noted repairs are needed to provide a safe and sustainable facility for visitor use. Once maintenance work is completed, the huts will be made available for use.

(b)(9) Conditions set forth by the Superintendent:

• No person may camp in the monument for more than a total of 14 consecutive days, or more than 30 days in a calendar year.

Determination: The intent of campsites is to provide for recreational opportunities, not long-term accommodations. Limiting use to 14 consecutive days or 30 days per year provides opportunities for visitors to camp and precludes setting up a permanent camp.

• Campsites have a maximum capacity of 5 people.
• Campsites are limited to 2 tents.
• Designated group sites have a maximum capacity of 20 people.

Determination: Limiting capacity of a campsite prevents expansion of the designed footprint or development of satellite sites.

• The use of portable showers is prohibited.

Determination: Soapy runoff and gray water disposal directly on the ground is inconsistent with maintaining a natural park-like environment. Gray water is a waste product that may contain chemicals or other pollutants that may harm the sensitive ecosystem and disrupt natural processes. Showers with catch basins are still challenged to dispose of runoff without impacting the natural environment.

• Generator use is permitted at Sandbank Stream Campsites from 7:00 to 10:00 a.m. and 4:00 to 9:00 p.m.

Determination: The purpose of the above limitations is to maintain the appeal of the natural surroundings and to preserve the natural soundscape in the area. Generators left running for any period on occupied or unoccupied vehicles create noise. The exceptions above are made for those vehicles in approved campsites due to the limited and specific times that are set aside for generator use in that area.

(d) Conditions for the storage of food, including pet food, are in effect as designated below:

• Food items, scraps, cooking utensils, and garbage must be stored or disposed of in such a manner as to be inaccessible to wildlife.
• When in the backcountry, food items, when not in use, must be suspended in the air at least 10 feet above the ground and 4 feet horizontally from the post, tree, or other object.
• In Sandbank and Upper East Branch campsites, all human and pet food must be stored in enclosed vehicles when not in use.
• At the Lunksoos campsites, all food must be stored in the provided hard-sided food lockers at each site.
• Food items are allowed to be stored during a stay inside Big Spring Brook and Haskell Huts.
• Regardless of location, all food items should be removed after a visit.

Determination: The above actions help reduce the likelihood of food-conditioned and human-habituated wildlife by reducing wildlife attractants such as food. Following these actions will reduce the potential for negative wildlife-human interactions and improve the safety and well-being of visitors and wildlife.

 

36 CFR 2.13 – Fires

(a)(1) The lighting or maintaining of fires is prohibited, except as provided for in the following designated areas or receptacles, and under the conditions noted:

• Designated campsites, as designated in §2.10(a).
• NPS-provided stone or metal fire rings and wood stoves.
• A campfire permit from the Maine Forest Service is required for campfires at designated campsites within the monument, except at the designated Lunksoos and Sandbank Stream campsites. To obtain a permit, contact the Maine Forest Service Ashland office (45 Radar Road, Ashland) at [phone], Monday-Friday 8am to 4pm.
• The use of camp stoves (liquid, charcoal, or gas fuel) is permitted across the monument. Use of portable stoves or grills are not permitted in public buildings.

(b) Conditions for extinguishing fires: Any fuel used to light and maintain a fire, including coals and remains, must be cold to touch prior to abandonment.

Determination: The Superintendent has determined that these conditions are necessary and the least restrictive means to protect park resources and the public from an unintentional wildlife ignition.

(c) Fire Danger Closures, During Maine state-imposed burn bans and periods of high fire danger, the Superintendent may temporarily ban fires, and/or stove use in the monument to protect monument resources and reduce the risk of wildfires. Factors leading to a high risk of unwanted fire spread may prompt the following standard fire restrictions:

• Smoking permitted only inside vehicles
• No open flame
• No cook stoves
• No use of grills in picnic areas
• No flame-emitting device

Determination: While the NPS seeks to provide opportunities for picnicking throughout the monument, another goal is to prevent wildland fires, and to prevent debris associated with charcoal grills, and to reduce the potential for other resource damage. These protective measures will help to reduce the potential of unwanted fire spread in the monument and onto surrounding public and private lands.

 

36 CFR §2.14 – Sanitation and Refuse

(a) In non-developed areas, solid human waste must be deposited in toilets, buried in a cathole at least 6 inches deep and at least 200 feet from developed areas, packed out in a disposable biodegradable bag toilet system approved for landfill disposal (WAG bag or similar system), or packed out in a self-contained washable, leak-proof, reusable toilet system.

Determination: Proper disposal of human waste is intended to reduce threats to public health, the environment, and scenic values.

 

36 CFR §2.15 – Pets

(a)(1) The following structures and/or areas are closed to the possession of pets, except service animals, as noted below:

• Visitor contact stations
• Three-sided lean-tos
• All Huts/cabins

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.

Emotional support, therapy, comfort, or companion animals are not considered service animals because they have not been trained to perform a specific job or task as described under Policy Memorandum 18-02. Therefore, an emotional support animal is considered a pet under NPS policy.

“Electronic” or “shock” collars do not meet the requirements for physical restraint of a pet as required by 36 CFR §2.15(a)(2). All pets must be crated, caged, or restrained on a leash not exceeding six feet in length.

Sled dogs are not considered pets, but trained working animals, and are addressed under winter activities in section §2.19, below.

Determination: Consistent with public health and safety, protection of natural resources and avoidance of conflict among visitor use activities, pets are restricted. The burden is placed on pet owners to assure their pets do not damage monument resources for others in areas where they are allowed.

(a)(5) Pet excrement must be disposed of in accordance with the following conditions:

• Pet owners are responsible for removing pet excrement from NPS lands.
• When the ground is not frozen, pet excrement must either be packed out or deposited in a “cathole” at least 6 inches deep in soil that is at least 100 feet from any water source, shoreline, campsite, or trail.
• When the ground is frozen, pet excrement must be packed out.

Determination: Animal waste can adversely affect public health, the environment, and scenic values. Consequently, requiring the public to attend to their pets is a method of mitigating the effects of pet waste on the visitor experience and to the environment.

(b) The use of dogs in support of hunting must be in accordance with Federal and State laws and the following conditions:

• Hunting dogs may only be utilized for retrieval of birds during bird hunting activities (retrieval dogs).
• When hunting dogs are not actively utilized for retrieval of birds during bird hunting activities, all dogs must be on a lead no longer than 6 feet.
• Hunting dogs may not be utilized for hunting large game (pursuit/chase hunting), including bears. See §2.2(b)(2).

 

36 CFR §2.16 – Horses and Pack Animals

(b) Horses or pack animals are permitted on the west side of the East Branch Penobscot River, except from the Whetstone Bridge to the Katahdin Loop Road.

Determination: Horses and pack animals in the above areas have not been found to be detrimental to monument resources or a hazard to visitors based on compatible roads and trails.

(g) Other conditions concerning the use of horses or pack animals:

• Off trail/Cross-country travel is prohibited
• Establishing new trails and short cutting trails/switchbacks is prohibited
• Stock parties must travel in single file, whenever possible
• Grazing is prohibited
• Any feed brought to the monument for horses or pack animals shall be certified weed-free by the State of Maine and must be removed by the visitor upon leaving the monument.
• The use of temporary corrals in campsites is prohibited. Temporary electric fences are allowed no closer than 500 feet from a campsite. The fences will be self-supporting and shall not utilize trees or other vegetation or features as a fence.
• When picketed, stock must be tied so they cannot chew on tree bar or eat the leaves of woody vegetation.

Determination: Consistent with public health, protection of environmental values and natural resources, and avoidance of conflict among visitor use activities, the Superintendent has determined that restriction of pack animals is necessary.

 

36 CFR §2.18 – Snowmobiles

Refer to §1.5 (a)(2) of this document for detailed snowmobile trail designations.

36 CFR §2.19 – Winter Activities

(a) Designated areas for skiing, snowshoeing, ice skating, sledding, inner tubing, tobogganing and similar winter sports on park roads and in parking areas open to motor vehicle traffic:

• All roads closed to motor vehicle traffic except snowmobiles.

Note: Working dogs, such as sled dogs for commercial activities are allowed under a commercial use authorization on a case-by-case basis.

Determination: Roads are closed to motor vehicles when they become inaccessible due to snow. Winter activities such as skiing, snowshoeing and use of sled dogs can be done safely without interfering with motor vehicle use. Caution should be used in areas of the park containing the Interconnected Trail Systems (ITS) where snowmobile use is authorized.

 

36 CFR §2.21 – Smoking

The following areas, structures or facilities are closed to smoking and includes vaping or e-cigarettes:

• NPS office and storage buildings, whether owned or leased.
• Areas within 25 feet of buildings or government quarters.
• Government-owned or leased motor vehicles.
• Within 50 feet of fuel and flammable substance storage areas.
• Other areas as posted and/or as designated during periods of high fire danger.

Note: The use of electronic cigarettes and other Electronic Nicotine Delivery Systems (ENDS) are subject to the same restrictions as tobacco smoking and are treated as if they are tobacco products per the December 2010; U.S. Court of Appeals for the D.C. Circuit ruling in Soterra, Inc. v. Food and Drug Administration.

Determination: This prohibition will help protect monument structures and ensures that visitors and employees are not involuntarily exposed to harmful cigarette smoke while at work or entering and leaving government buildings.

 

36 CFR §2.51 – Demonstrations

(b1) Small Group permit exception Demonstrations involving 25 persons or less do not require a permit unless:

• The event presents a clear and present danger to public health and safety
• The event takes place outside a designated area
• Structures, stages, platforms, sound systems are used
• The event unreasonably interferes with other permitted demonstrations and special events, or monument program activities

(c2) Designated Areas. All demonstrations will be held in designated areas. The established locations are:

• Deasey Ponds Trailhead
• Barnard Mountain Parking Area

For a map of these locations, please visit Appendix A.

 

36 CFR §2.52 – Sale of Printed Matter and the Distribution of Printed Matter and Other Message-Bearing Items

(b) The sale or distribution of printed matter by 25 people or less is allowed within the park areas designated as available under §2.51(c)(2). The sale or distribution of printed matter by more than 25 persons is allowed within designated park areas when the Superintendent has issued a permit.

Note: Examples of message-bearing items that may be distributed for free include CDs, DVDs and other readable electronic media.

Determination: Per Policy Memorandum 14-01 dated January 28, 2014, other message-bearing items may also be distributed in designated areas under 36 CFR §2.52 if it is done free of charge and without asking for payment or a donation. This will allow the free distribution of message-bearing items to the public other than printed matter, so long as the activity occurs within an area designated as available for First Amendment activities.

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