(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:
- Pan Am Road
- Lemon Seed Road
- Mile and Half Road
- Six Pigs Road
- Blue Heron Road
- Ranger Road
- View Tower Road
- Sewer Lagoon Road
- South Sprint Road
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.
