Padre Island National SeashoreSuperintendent's CompendiumRevised September 2022 GENERAL PROVISIONS
(a)(1) Violations of the following are written as 36 CFR 1.5(f) (i) Hard hull motorized vessels are prohibited from launching into the Gulf of Mexico from all beaches within Padre Island National Seashore. (§ 3.8) Determination: Boat operators launching hard hulled motorized vessels into gulf waters risk injury to the general public given there are no defined public launch ramps and the inherent hazardous nature of a shoreline surf environment. Additionally, users risk inundating their motor vehicles in the shoreline surf given the shallow shoreline gradient coupled with the draft requirements of most hard hulled motorized vessels. Accidents would cause fuel spills, unacceptable resource impacts, and public safety concerns. (ii) Zodiacs, Avons, and other soft hulled motorized vessels less than 14 feet in length are permitted to launch on South Beach south of the 5 mile marker. All other gulf beaches are closed to launching motorized soft hulled motorized vessels. (§ 3.8) Determination: Operating motorized vessels in high visitor use areas at North Beach, Malaquite Beach, and South Beach pose a risk to public safety. Excluding motorized vessels on Closed Beach is consistent with management practices that preclude the use of motorized vehicles in this area. (iii) Vehicles operating in the park must have a valid state or government-issued vehicle registration and license plate issued for public highway travel. The Texas OHV (Off Highway Vehicle) license plate does not meet this standard. Unregistered OHVs, including but not limited to ATVs, UTVs, golf carts, dune buggies, sand rails, amphibious vehicles, and any other non-highway vehicles, are prohibited from being operated in the park. Determination: The State of Texas requires all vehicles operating on public highways to meet state registration, inspection, and insurance requirements. ATVs, dune buggies, sand rails and golf carts are non-highway vehicles and are not manufactured for public roadways. In addition, OHVs have easy access and better capabilities to access areas of the park prohibited to driving. Prohibiting OHVs is consistent with the NPS mission to preserve and protect natural resources. (iv) Segways and motorized scooters are prohibited from all areas within the park including all park roads, trails and sidewalks. However, any park visitor with a disability is permitted to use Segways and motorized scooters on the Grasslands Nature Trail, parking lot, and beach when such devices are used for the sole purpose of mobility assistance. (A) A person shall operate any mobility assistive device in a safe and responsible manner, and maximum speeds will not exceed more than 4 M.P.H., so as not to endanger one’s self or any other park visitor. (B) A person riding any mobility assistive device upon the Grasslands Nature Trail or parking lot will remain on the trail at all times and 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). (v) Kite surfing, hang gliding, parasailing, paragliding, car sailing, and the use of ultra lights are prohibited within the park. Determination: Objects of this size, configuration, and movement are known to frighten and disturb birds causing disruption of normal feeding, reproduction and nesting behaviors. Several species, including threatened shore nesting species like the least tern and snowy plover, are vulnerable to this type of disturbance at Padre Islands National Seashore. Use of these devices is new and all their effects remain unknown. They may possess qualities adversely affecting park resources that may only be revealed in the future to the detriment of park resources if the use is allowed to continue and proliferate in the park. The long lines and great forces associated with kite surfing along with the poor control an operator has over the movement of the kite poses a hazard to the nonparticipating, visiting public. Kite surfing, hang gliding, parasailing, and paragliding, and ultra-lights are inherently dangerous to participants and other visitors. Car sailing, an activity in which a vehicle is propelled by wind, is not permitted on Texas public highways. (vi) The Malaquite Beach Visitor Center deck is closed to barbecuing, skateboarding, rollerblading, bicycling, scooters, wedding ceremonies, and other special use events. Determination: The listed activities are incompatible with other visitor uses at the Malaquite Pavilion and may cause damage to park structures or facilities. (vii) Fishing is prohibited in Gulf waters in front of the Malaquite Beach Visitor Center Pavilion for the following area: 100-yards north and 100-yards south of the boardwalk entry to the beach. Determination: Fishing at this location is incompatible with other visitor uses. This 200-yard stretch of beach in front of the visitor center is heavily used by families with small children. Fishing activity with hooks in the water and fishing lines across the beach is a safety hazard. Fishing is allowed at all other locations along the beach. (viii) Commercially caught fish legally caught in State waters may not be transported through the waters or land within the boundary of Padre Island National Seashore. The possession of fish stocks exceeding recreational limits by commercially licensed fishermen within the park is prohibited. Determination: Commercial fishing within the waters of Padre Island National Seashore is prohibited (36 CFR 2.3). Federal Regulation restricts the use of the park by commercial businesses (36 CFR 5). This provision addresses an enforcement issue that arises when commercial fishermen claim their catch was caught outside of park boundaries. (ix) Obstructing or interfering with the normal flow of vehicle traffic on North Beach or South Beach by means of a rope, tape, ditch, sand berm, equipment or supplies, vehicles, RV, Motorcycles, or any other means (vehicle, object or person) is prohibited, except in the event of an accident or other emergency. Determination: Some visitors attempt to cordon off a section of public beach in an attempt to keep vehicles from driving near the location of their parked vehicle. Ditches are dug or debris piled high to discourage motor vehicle traffic. Frequently the area that is cordoned off serves as the primary roadway on the beach for motor vehicles. Other drivers are forced to travel through the fore dunes or surf zone when they reach these locations resulting in resource damage and unsafe driving conditions. (x) All Vehicles and trailers will be parked so as not to impede the normal flow of traffic in the 122 parking spaces located at BIB boat ramp parking lot. (xi) The 114 vehicle/trailer parking spaces at BIB can only be used by vehicles with trailers. (xii) There are 4 parking spaces at the Bird Island Basin boat ramp signed for “single vehicle use only.” These parking spaces will only be utilized for single vehicles without trailers. (xiii) There are 6 handicap parking spaces at the Bird Island Basin boat ramp that can only be utilized by impaired individuals displaying the appropriate documentation. There are two handicap parking slots for single vehicle use only, the two handicap parking slots for vehicle/trailer combinations of approximately 40 feet in length and two handicap slots for combination or single vehicle. Determination: Regulating the type, size and location of parking of the vehicles and trailers where they can park helps reduce resource damage and allows for multiple visitor use activities of the same areas. (xiv) The Malaquite Beach housing area, Headquarters, Facility Maintenance, Sea Turtle Science and Recovery areas, outbuildings, and the following service roads are closed to public use:
Determination: The areas designated are closed to the public because there are no visitor facilities at any of these locations. Visitor use of any of the listed roads may interfere with permitted commercial oil and gas traffic or other Park Management Activities. (xv) The interior of all government and concession buildings, all fenced areas except for designated public lobbies or public business areas are closed to the public. This closure does not apply to persons in non-public areas who have been granted specific permission by the National Park Service or another authorized federal agency, a licensed concessionaire or their representatives, or those who are under escort by employees acting within the scope of their employment. Determination: Government buildings and fenced areas contain equipment and other items of value, including sensitive information, data, and threatened & endangered species protected by law and policy. Government employees have a right to be secure in their work areas. (xvi) Lightscape management: All areas of the Park are closed to spotlighting and certain artificial lights. This includes: any spot lights, flood lights, homemade or purchased light poles with more than one light, or any type of lighting systems that would disrupt or affect the wildlife, (eg: birds, fish, mammals and turtles species) and the dark night sky. [36 CFR 2.2(e) & 2.10(c)] Determination: In accordance with NPS Management Policies 2006, the NPS strives to preserve natural ambient lightscapes, which are natural resources and values that exist in the absence of human caused light (NPS 2006c). The Seashore strives to limit the use of artificial outdoor lighting to that which is necessary for basic safety requirements. The National Seashore also strives to ensure that all outdoor lighting is shielded to the maximum extent possible, to keep light on the intended subject and out of the night sky. For add-on external vehicle lights, visitors are encouraged to use amber lights. This closure is intended to provide a measure of protection to all wildlife and fish species from persons who are otherwise engaged in unlawful wildlife activities. It is also intended to assure that the natural habits or activities of the wildlife and fish are not adversely affected while being artificially illuminated nor that animals be unduly harassed which may affect feeding, resting, or mating. The proliferation of poor-quality outdoor lighting is the principle threat to the night sky. Reducing the number of oversized and multiple light systems will allow for activities focused on public enjoyment of dark skies. (xvii) Operating a motorized vessel (or any vessel greater than 16 feet) within 500 feet of the Bird Island Basin shoreline from the Bird Island Basin channel to a point ½ mile south of the Worldwinds Windsurfing concessions building is prohibited. (§ 3.8) Determination: The area specified in this restriction is a busy visitor use area for windsurfers. A windsurfing concession is located in the direct vicinity of the area described. Instructors provide windsurfing lessons to inexperienced windsurfers. Allowing motorized vessels in this area would present a safety hazard to both windsurfers and boaters. (xviii) Wing foiling is the art of riding a hydrofoil board while harnessing the wind’s power via a handheld wing. The foil consists of two fins, a front fin, and a tail fin that generate lift that raises the board up off the water. Wing surfing is the art of using a handheld wing while riding surfboards, paddleboards, or other waterboards without a foil. Wing surfing is allowed at BIB Windsurfing Area. Determination: These activities do not pose a threat above and beyond those that may result from wind surfing already occurring in the area. (xix) SCUBA and snorkeling are prohibited at Bird Island Basin and Yarborough Pass boat launch areas. (§ 3.18) Determination: Recreation is a significant aspect of the visitor experience. The park was established, in part, to provide recreational opportunities for park visitors. SCUBA and snorkeling do not impact park resources. Because of the motorized vessels that launch at Bird Island Basin and Yarborough Pass, SCUBA and snorkeling in these boat launching areas is not safe. (xx) Launching, landing, or operating an unmanned aircraft from lands and waters administered by the National Park Service within the boundaries of Padre Island National Seashore is prohibited except as approved in writing by the Superintendent. Definition: The term "unmanned aircraft" means any device used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device. This includes but not limited to the following devices: remote controlled model airplanes, quad copters, and drones that are used for any purpose, including for recreation or commerce. Determination: Unmanned aircraft use in National Parks has increased dramatically in the past few years. Management Policies 2006 1.5 and 8.2.2 state the National Park Service will not allow new park uses until a determination has been made that the new use will not cause unacceptable impacts on park resources and values. Policy Memorandum 14-05, dated June 19, 2014, provides interim policy guidance until this determination has been made. The Superintendent has determined that unmanaged or unrestricted recreational use of UAs within Padre Island National Seashore will conflict with, or impact, a variety of park uses including visitor experience of unimpaired view sheds; the disturbance, displacement or harassment of park wildlife to include threatened and endangered species, present potential for impacts or damage to sensitive coastal areas, creation of public safety hazards per operation near roadways or large aggregations of visitors, and visual or aural impacts to wilderness character and values within the park. Padre Island N.S. is situated along the Central Flyway; Padre Island is a globally important area for over 380 migratory, overwintering, and resident bird species (nearly half of all bird species documented in North America). Thirteen of these species are considered species of concern, threatened, or endangered (i.e. Piping Plover, Interior Least Tern and Peregrine Falcon). (a)(2)(i) Sail-lines are permitted in compliance with state regulations on any day of the week only from official sunset to sunrise. Determination: Traditionally Bird Island Basin receives very heavy visitor use. Sail-lines running into the Laguna Madre from the Bird Island Basin shoreline present a safety hazard to visitors who are swimming, windsurfing, or engaged in other recreational activity. (ii) Anchor lines utilized for windsurfing equipment at Bird Island Basin windsurfing area must be removed from the water at official sunset. Determination: Anchors that are left overnight in the Bird Island Basin Windsurfing area present a hazard for fisherman who are attempting to night fish. By allowing the anchors to be present the fisherman would be entangling the fishing lines/sail lines in the anchors which could lead to hooks being left or anchor lines being destroyed. Regulating the time when anchor lines can be utilized in the windsurfing area will increase the overall visitor experience to the park. (iii) North Bird Island, South Bird Island, and all Intracoastal Waterway Dredge Spoil Islands within the park are closed to public entry and use from February 1st through August 31st in order to protect sensitive rookery nesting sites. Determination: Studies have shown that human encroachment in sensitive rookery nesting sites disturbs colonial and other bird species. Impacts result in lower fledging success and a decline in bird populations. (iv) The number of fishing poles is limited to 6 per person. All fishing poles and lines will be maintained at the surf’s edge. (§ 2.3) Determination: Restricting the number of fishing poles per person helps ensure that fish populations are not negatively impacted as a result of increased fishing pressure. Regulating the location of the fishing poles and number of poles will improve visitor safety. Texas consulted and review completed March 7, 2012. (v) The use of seine nets, trot lines, and jug lines are prohibited in the park. A cast net (not exceeding 14 feet in diameter) or dip net (not exceeding 3 feet in diameter) may be used to take non-game fish for bait purposes only. Finger-sized mullet, anchovies, pinfish (pigg perch), croakers, menhaden, and other baitfish are permitted for use as bait. Gigging is allowed for non-game and non-protected game fish (ie: flounder, black drum, whiting, sheepshead) submerged attracting lights or lights attached to the end of the spears are allowed. (§ 2.3) Determination: Individuals taking non-game baitfish for bait purposes does not significantly impact species populations. Restricting the size of nets used for gathering baitfish discourages those who would harvest baitfish for commercial purpose, which could impact species populations. The use of a seine net allows the indiscriminate taking of animal species that are not suitable for baitfish. These species can be injured during capture and die once released. The use of a trot line or jug line are generally unattended for periods of time, which can cause severe injury and death to captured fish species that cannot be removed in a timely manner. In addition, trot lines and jug lines can cause a safety and health risk to boaters and fisherman using park waters. These lines are difficult to see and have many hooks that can easily injure a fisherman or boater. Texas consulted and review completed March 7, 2012. (vi) The use of compressed gas-powered Bait Launchers (or cannons) and all other similar devices are prohibited. (§ 2.4(a)(1) and §2.3(a)). Determination: These devices are considered weapons and 36 Code of Federal Regulations limits the use of weapons. (vii) Individuals over the age of two years must wear masks, except when actively eating or drinking, in the following location: 1. All common areas and shared workspaces in buildings owned, rented, or leased by the National Park Service, including, but not limited to, park visitor centers, administrative offices, lodges, gift shops and restaurants. 2. The following outdoor areas, when others are present, where the superintendent has determined that physical distancing (staying at least six feet apart) cannot reasonably be maintained: a. Areas adjacent to visitor center b. Parking lots and common areas in campgrounds c. Crowded trails, viewpoints, and other areas of interest d. Covered structures that attract crowds such as memorials and open-air pavilions 3. 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. A valid permit issued by the Superintendent is required for the following activities consistent with applicable legislation, federal regulations, and administrative policies. (f) Activities requiring a permit: Violations of the following are written as 36 CFR 1.6(g)(1) or (2) (1) Public Use Activities: fishing tournaments, athletic events, parades, or other special events. (2) Collecting research specimens (§ 2.5). (3) Operation of a public address system or amplification system in connection with a public gathering or special event for which a permit has been issued pursuant to 36 CFR 2.50/2.51 (§ 2.12). (4) Delivery or retrieval of a person or object by parachute, helicopter, or other airborne means (§ 2.17). (5) Noncommercial soliciting (§ 2.37). (6) Conducting a pageant, regatta, public spectator attraction, ceremony, wedding, organized event, or similar activities (§ 2.50). (7) Public assemblies, meetings, gatherings, demonstrations, and other public expressions of views (§ 2.51). (8) Sale or distribution of printed matter that is not solely commercial advertising (§ 2.52). (9) Memorialization - The scattering of human ashes from cremation is permitted in accordance with the terms and conditions of a permit. The scattering of human ashes may be done at any location except Malaquite Beach, Bird Island Basin, and any site used to hold incubating sea turtles and sea turtle eggs. (§ 2.62). Determination: At present the incidence of this type activity is minimal. Such activity can occur without causing any negative impacts to the resources of the area. Malaquite Beach and Bird Island Basin are primary visitor use areas with a high concentration of park visitors. Other areas of the park provide appropriate settings for solitude without impacting other visitors. (10) Advertisements - Display, posting, or distribution (§ 5.1). (11) 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 (§ 5.3). (12) The following types of filming activities may occur in areas open to the public without a permit and without advanced notice to the NPS:
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:
If the Superintendent determines that the terms and conditions of a permit could not mitigate the concerns identified above in an acceptable manner, the Superintendent may deny a filming request without issuing a permit. The Superintendent will provide the basis for the 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 the permit is required prior to the first day of production, the proposed filming activities may occur without permit. The following are prohibited: a. Engaging in a filming activity without providing advanced notice to the Superintendent when required. b. Engaging in a filming activity without a permit if [the activity takes place in areas managed as wilderness or if]3 the Superintendent has notified the organizer in writing that a permit is required. c. Violating a term or condition of a permit issued under this action. Violating a term or condition of a permit issued under this action may also result in the suspension and revocation of the permit by the Superintendent. (13) Still photography with use of props, models, sets or other articles of commerce for the purpose of commercial advertising and may interfere with park management (§ 5.5(b)). Determination: Permit systems authorized and issued pursuant to specific regulations in this chapter, except Section 1.5, need not be supported by a written determination unless required by the specific authorizing regulation {48 FR 30262}. RESOURCE PROTECTION, PUBLIC USE, AND RECREATION(c)(1) Collection of a reasonable number of unoccupied seashells and/or sea beans is permitted for personal use. The maximum number of seashells and/or sea beans a person may possess is limited to a one gallon container before returning to their residence. A residence is defined as a permanent structure where a person regularly sleeps and keeps personal belongings such as furniture and clothes, but does not include a temporary abode or dwelling such as a hunting or fishing club, or any club house, cabin, tent, trailer house or mobile home, motel, or rooming house used on a temporary basis. Commercial collecting of seashells is prohibited. Determination: The removal of an unreasonable number of seashells and/or sea beans or commercial harvesting of seashells would deny visitors the opportunity to experience the seashore in its natural state. (d)(1) Waterfowl lawfully taken on park waters or neighboring jurisdictions may be transported by boat to the public boat launch ramp at Bird Island Basin, and then transported through the park on Bird Island Basin Road and Park Road 22. All other lawfully taken wildlife are closed to transportation from areas outside park boundaries. Determination: This order is intended to provide a measure of protection to wildlife species which may be subject to unlawful taking during other than lawful hunting activities or hours; or by persons who are otherwise engaged in unlawful wildlife activities. (b)(9) Camping Requirements and Conditions: (i) NO RESERVATIONS allowed for any campsites. Campers must immediately occupy the site after they register or sites may be resold. (ii) The following areas are designated for primitive camping with a camping permit: (All other areas including dredge islands are closed except under conditions of a permit issued by the Superintendent). North Beach, South Beach including Yarborough Pass, Bird Island Basin campground, and the Malaquite Beach Campground require a self-registration camping permit (§ 2.10).
a. This includes the area of Closed Beach directly in front of the Malaquite Beach Campground.
Determination: Limiting camping to specific areas is necessary for the maintenance of public health and safety, protection of the environmental and scenic values, protection of natural resources, implementation of management responsibilities, and equitable use of facilities and avoidance of conflict among visitor use activities. (iii) Camping is prohibited in the dunes, fore dunes and grasslands. (iv) The maximum time permitted for camping in the park is fourteen (14) consecutive nights. When a camper reaches fourteen (14) nights, (consecutive or intermittent), campers must completely remove themselves and their property from the park for a minimum of 14 nights before returning for another overnight visit. (v) No person, party, or organization shall be permitted to camp at Padre Island National Seashore for more than a total of twenty-eight (28) calendar nights per year in any combination of consecutive nights. These limits apply to all overnight visits, including backcountry stays, campground stays or any other overnight activity. Determination: Camping duration limits are intended to prevent domination of a campsite or the area by a relative few and to more equitably allocate use of the area. Time limits are also intended as a means to prevent an accumulation of impacts to camping areas. Such impacts include, but are not limited to, improvements to campsites, accumulation of body wastes and litter, expansion of campsite areas and trails, and similar resource impacts. The rule also applies to those camped in developed campgrounds where the number of sites is limited. Also, this rule is intended to prevent "homesteading" in the area by persons whose primary interest is long-term residency. The intent of this regulation is to augment 36 CFR 2.61, “Residing on Federal Lands;” the establishing of resource-impacting and/or long-term campsites by people who seek to make the park their primary residence, or seek to reside in the park while working elsewhere. Nothing in this paragraph precludes long-term day use of the park by visitors. (vi) Check out time at Bird Island Basin and Malaquite Beach Campgrounds is 12:00 noon. (vii) No more vehicles than designated parking space provided per site are allowed at Bird Island Basin Campground. No more than 8 persons allowed in each campsite. (viii) All vehicles and equipment must be within the designated campsites so as to not to impede the flow of traffic or other campsites (i.e. on site pads). (ix) Only 2 vehicles and 2 tents or no more than 8 persons allowed at Malaquite Beach campground. (x) Lightscape management: Properly shielded lanterns required and only allowed within the actual campsites. Determination: Limitations on the number of vehicles and people at a site minimizes damage to vegetation and topography as well as help maintain the characteristics of a National Park Service campground that visitors are seeking. Less restrictive measures would not provide adequate protection to park resources or provide reasonable opportunities or the type of campground experience the public seeks when visiting the Seashore. (xi) Overnight camping is prohibited at the Malaquite Beach Visitor Center parking lot unless it is an emergency situation authorized by a law enforcement ranger (like evacuating the beaches for high tides). Determination: Establishing special conditions is necessary for the maintenance of public safety, protection of environmental and scenic values, and implementation of management responsibilities. (a)(1)(i)Ground campfires are permitted only east of the vegetated dunes on open sand areas along Gulf shore beaches that is open to camping as long as they are built where flames or embers cannot threaten or blow into the grasslands, equipment, or property. (A) Wooden pallets and crates are prohibited from burning due to the abundance of nails that are left on beach. Additionally, refuse, household trash, petroleum products, and plastics shall not be burned. All fires will be extinguished prior to leaving the site Determination: Resource impacts of fires on the beach are negligible and their remains are usually washed away or impacts mitigated by fluctuating tides. Sharp objects that were attached to firewood, unextinguished/smoldering fires, or other objects left in the sand present safety hazards, particularly for beach users who are often barefoot. (a)(1) All trash will be disposed of in a trash can, trash bag, or other container immediately after use. The discarding or piling of trash on the ground with the intention of later picking it up for proper disposal is not permitted. (a)(2) Trash/debris/refuse disposed of at the Bird Island Basin Windsurfing area and boat ramp receptacles are for daily recreational activities associated with boating activities. The dumping of household, commercial, industrial refuse, or trash/debris/refuse from cabins located in the Laguna Madre is not to be disposed of in park receptacles. Determination: These conditions provide reasonable means for the disposal of waste products without causing unwarranted safety or environmental nuisances. Less restrictive measures would not offer the degree of safety necessary for the protection of the public or the resources, or help maintain the characteristics of the island that visitors are seeking. (a)(7) Disposing of fish remains (i) No dead fish or parts thereof may be left on any shore, beach, dock, or cleaning table. Fish waste left over from cleaning must be deposited in gulf waters or in the Laguna Madre or buried on the gulf beach. Burial of fish waste is permitted for a maximum of one cubic foot per individual per day. The uppermost portion of buried fish waste must be covered with at least six inches of sand. Burial of fish waste must be landward of the high tide line and shoreward of the vegetated dunes. Holes created must be re-filled to the ground surface level. Permits for fishing tournaments may have additional criteria for disposing of fish remains due to the number of participants. Determination: Polluting and contaminating park facilities and beaches from fish waste will be eliminated with proper sanitary and fish cleaning practices. (ii) Fish may be cleaned and filleted before transportation to their final destination in accordance with the provisions of Texas State law. Determination: Texas state law allows for the cleaning of fish after a fisherman has reached their final land destination. Cleaned fish cannot be transported by boat. This state regulation prevents fishermen from exceeding established catch limits or claiming the cleaned fish is another species. (b)(1) In undeveloped areas, human waste must be packed out or buried at least six inches. Determination: The accumulation of body wastes and litter in undeveloped areas is not sanitary and impacts visitor use and enjoyment of these areas. Waste matter left on the surface desiccates and creates the possibility of spread of infectious elements and is aesthetically unpleasant to other visitors. (a)(5) Developed Areas: Pet owners shall remove pet excrement immediately and place it in an approved trash receptacle when in developed areas (campgrounds, visitor center, Bird Island Basin, etc.). Non-Developed Areas: Pet owners shall immediately either remove pet excrement or bury it at least six inches when in non-developed areas (North beach and South Beach). Determination: The accumulation of waste is not sanitary and impacts visitor use and enjoyment of park areas. Waste left on the surface is aesthetically unpleasant to other visitors. Pet waste may spread disease to other pets, visitors and to native wildlife. (a)(6) Pets are not allowed within 50 yards of wildlife releases. Determination: Wildlife releases are scientific and distracting for wildlife. Pets may spread disease to other pets, visitors, and native wildlife. (b)(1) Horses and pack animals are allowed only on the Gulf of Mexico beaches except in front of the Malaquite Beach Visitor Center and campground. (This includes the area from the Malaquite Beach Visitor Center and campground area to the Gulf of Mexico water.) Determination: Resource impacts of horses on the beach are negligible and their remains are usually washed away or mitigated by fluctuating tides. The Malaquite Beach Visitor Center and campground are areas which may be congested at times with many visitors. These areas are restricted in order to insure public safety and to prevent the unnecessary intrusion of a large animal onto other visitors who may not want the animal in their immediate presence but cannot otherwise avoid it. Sanitation is also an important factor in this determination. There are no appropriate places in heavy visitor use areas for horses to urinate or defecate. Horse excrement contributes not only to sanitation problems but provides the potential for significant resource damage. Excrement can contain non-native vegetation. Non-native species can quickly germinate and spread through the park, competing with native vegetation and altering the park’s ecosystem. (g)(1) Hay will be kept in feed troughs or horse trailer feeding bays to prevent hay from being placed on the ground. All unused hay will be removed from the park. All horse and pack animal excrement will be removed from the park. Determination: Hay can contain non-native seed species. Exotic species can quickly germinate and spread through the park. Non-native species compete with native vegetation and alter the park’s ecosystem resulting in significant resource damage. Sanitation is also an important factor in this determination as there are no appropriate places for horses and pack animals to urinate or defecate. Excrements can contribute to sanitation problems. (a)(1) Smoking is prohibited in all government buildings, vehicles and grasslands. Smoking at Park Headquarters is permitted outside at the HQ pavilion. Determination: Smoking is prohibited in government buildings and vehicles by law and policy. Smoking is prohibited on the porches of park headquarters because it is the visitor/employee access to the buildings. Smoking is prohibited in grassland areas due to the danger of starting a wildfire. (a)(3) Property and contraband (including illegal drugs and other dangerous items like unexploded ordinances, hazardous waste, and chemicals) found in the park is illegal to possess and shall be reported to a park ranger as soon as possible. Determination: Illegal drugs and other contraband have been found in the park. The requirement to report such findings to park rangers negates any claim by a person apprehended with contraband that they possessed it with the intention of turning it over to a park ranger or intended to take it out of the park in order to turn it over to another agency. Possession of unexploded military ordnance or hazardous waste in any form is dangerous to anyone in the area. (b) Impoundment of Property (1)(i) Property (i.e. trailers, windsurfing equipment) at Bird Island Basin Campground and Worldwinds windsurfing concessionaire day use parking area will not be left unattended overnight. (1)(ii) Vehicles and boat trailers may be left unattended at the owner’s risk for up to seven days at the Bird Island Basin boat parking lot and at the Yarborough Pass parking area. Determination: Limiting parking is necessary for the maintenance of public health and safety, protection of natural resource and scenic values, equitable use of facilities, and avoidance of conflict among visitor use activities. Violations of the following are written as 36 CFR 2.23(b) (a) Recreation fees, 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. Current fees posted at the entrance station. Entrance Fee Areas:
Use Fee Areas:
(e) See attached maps (Appendix A) for detailed information as to where public assembly and meeting activities are permitted. Determination: The areas provided do not unreasonably interfere with visitor services and affords public recognition for any public assembly activity. VEHICLES AND TRAFFIC SAFETY(a) The following is prohibited: (1) Parking on shoulders of Bird Island Basin Road, Bird Island Basin boat ramp road, Bird Island Basin Campground and Windsurfing roads. (2) Driving in the dunes, fore dunes, grasslands and mudflats are prohibited. (3) Parking vehicles with boat trailers are not permitted at the Bird Island Basin Windsurfing or campground areas unless they are camping (BIB Campground & windsurfing area is not an overflow parking area for the boat ramp). Determination: Restrictions at the boat parking lot and campground area are intended to control use patterns in this busy area that is frequently full, with an overflow area available at Malaquite Visitor Center. Unrestricted parking would cause carrying capacity levels to be exceeded more often resulting in additional resource impacts and intrusions on other park users. (b) The following speed limits are established for the roads or routes indicated: (1) Bird Island Basin (BIB) Campground Access Road: 35 MPH. (2) BIB Boat Ramp Access Road and North Beach Access Road: 25 MPH. (3) North Beach and South Beach from mile marker 0 to mile marker 2.5: 15 MPH year round. (4) South Beach from mile marker 2.5 to Mansfield Channel: 25 MPH from the day after Labor Day to last day of February. (5) South Beach from mile marker 0 to Mansfield Channel: 15 MPH from March 1st to Labor Day. (6) Campgrounds: 5 MPH (7) Entrance station area: 15 and 5 MPH. (a)(1) Bicycles may be ridden on park roads, gulf beaches, and in parking areas. All other areas, including the Malaquite Beach Visitor Center pavilion and Novillo Line camp are prohibited. Bicycles must be ridden on the right-hand side of traveled roads, in the same direction of travel as all other vehicular traffic, and in general, conform with all vehicle traffic regulations. (a)(2) E-bikes are allowed in Padre Island National Seashore where traditional bicycles are allowed. E-bikes are prohibited where traditional bicycles are prohibited. Except where use of motor vehicles by the public is allowed, using the electric motor to move an e-bike without pedaling is prohibited Determination: Bicycles driven in grasslands, over dunes, or through mudflats cause damage to natural resources. “The term “e-bike” means a two- or three-wheeled cycle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.). 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). Appendix AAREAS DESIGNATED FOR PERMITTED PUBLIC ASSEMBLIES/MEETINGS AND SALE/DISTRIBUTION OF PRINTED MATTER
See attached pictures of actual site areas and aerial map with GPS Coordinates (Lat. / Long) locations |
Last updated: November 16, 2022