San Francisco Maritime National Historical Park Superintendent’s Compendium

Superintendent’s Compendium
Of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority.

Approved: Paul DePrey, Superintendent

In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations (“36 CFR”), Chapter 1, Parts 1-7, authorized by Title 16 United States Code, Section 3, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of San Francisco Maritime National Historical Park. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, Parts 1-7.

Written determinations, which explain the reasoning behind the Superintendent’s use of discretionary authority, as required by Section 1.5(c), appear in this document identified by italicized print.

San Francisco Maritime National Historical Park is located in a heavily urbanized area, and is at the confluence of multiple city, state and federal jurisdictions. For the sake of clarity, these definitions are included here:

Roads and Paths: Three park areas are considered roads/roadways or parking areas: the western end of Jefferson Street, up to the turnaround bulb just west of the roundhouse; the lower part of Van Ness Avenue, from approximately the north wall of the Williams Sonoma Building to the intersection with McDowell/Municipal Pier gate; and the roadway area of Municipal Pier. All other areas of travel within the park are considered paths or trails.

I. 36 CFR §1.5 – VISITING HOURS, PUBLIC USE LIMITS, CLOSURES, AND AREA DESIGNATIONS FOR SPECIFIC USE OR ACTIVITIES

(a)(1) The following visiting hours and public use limits are established for all or for the listed portions of the park, and the following closures are established for all or a portion of the park to all public use or to a certain use or activity:

Visiting Hours

· Hyde Street Pier, Maritime Museum (Sala Burton Building), Visitor Center

Generally, opened daily (10:00 am - 4:00 pm) depending on staffing capacity.

These areas are designated as day use due to public safety concerns associated with falling hazards and the marine environment during hours of darkness with no scheduled attendant protection services. In addition, without adequate supervision, inadvertent damage and vandalism to the historic ships would occur.

Closures

· Hyde Street Pier, Maritime Museum, Visitor Center

On New Year’s Day, Thanksgiving Day, Christmas Day

· Municipal Pier

This area is closed due to public safety concerns that public use could over-tax the pier’s deteriorating superstructure. A closure order was issued November, 2022 based on the U.S. Public Health Service determination that the pier has reached a point where it is not possible to sufficiently determine its structural capacity against even simple gravity loading conditions.

Public Use Limits

· Food and beverages are not allowed aboard historic ships at Hyde Street Pier, in the Maritime Museum, and in the Visitor Center

Restrictions are for the protection of significant cultural resources.

(a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted:

COVID-19 Face Mask

· When the COVID-19 Community Level is LOW or MEDIUM in the county or all the counties where the park is located based on data provided by the Centers for Disease Control and Prevention (CDC), individuals are not required to wear masks.

· When the COVID-19 Community Level is HIGH in the county or all the counties where the park is located based on data provided by the CDC, all individuals over the age of two must wear masks, regardless of vaccination status, in all common areas and shared workspaces in buildings owned, leased, or otherwise controlled by the National Park Service, including, but not limited to, park visitor centers, administrative offices, lodges, gift shops and restaurants.

· When the COVID-19 Community Level is HIGH in one or more, but not all, of the counties where the park is located based on data provided by the CDC, the superintendent will determine whether individuals are required to wear masks. The requirement, if any, will apply to all facilities within the park.

· Masks must cover the nose and mouth and fit snugly around the nose and chin with no large gaps around the sides of the face. Masks not designed to be protective, masks with ventilation valves, and face shields do not meet the requirement.

· Regardless of the COVID-19 Community Level, individuals may wear masks if they choose to do so. Where a state, local, tribal, or territorial government where the park is located imposes more protective mask-wearing requirements than those indicated by the COVID-19 Community Level, individuals must follow those more protective requirements within the park. More protective state, local, tribal, or territorial mask-wearing requirements are hereby adopted as federal requirements in all units of the National Park System located within that state, locality, area subject to a federally recognized Indian tribe’s regulatory jurisdiction, or territory, regardless of a particular park’s jurisdictional status.

Additionally, all individuals must wear masks in or on public transportation conveyances and transportation hubs/facilities, to the extent required by current orders or directives issued by the CDC, the Transportation Security Administration (TSA), or other federal agencies with jurisdiction over those conveyances or areas. As of March 4, 2022, CDC and TSA orders or directives require all individuals regardless of vaccination status to wear masks in indoor areas of all forms of public transportation conveyances, including busses, trains, and boats/ferries, and in the indoor premises of transportation hubs/facilities. Individuals are not required to wear masks while outdoors on conveyances or while outdoors on the premises of transportation hubs/facilities.

Boating

· Only non-motorized sail/auxiliary boats are allowed in Aquatic Park Cove.

· Overnight (sunset to sun up) stays by visiting vessels are by permit only. Permits are approved for no more than five consecutive nights at a time. The permit fee is $10.00 per night, and a valid San Francisco Maritime National Historical Park Annual Pass may be used in lieu of the permit fee. A break of one full week of seven 24 consecutive hour time periods from Aquatic Park Cove is required before re-entering the Cove for overnight stays. Another permit can be submitted for approval after the seven day break. Total overnight stays are limited to 30 nights per year. Vessels may not be left unattended for more than six hours. A maximum of 12 visiting vessels may overnight in the Cove.

· Permits for overnight stays are issued using the Recreation.gov reservation system, which offers campsite and tour reservations at parks, and other recreation sites, across the country. Boaters can reserve an anchorage site within Aquatic Park Cove using this link https://bit.ly/2IXvDst

· Day use of the Cove by visiting vessels does not require a permit, except during high use days within the Cove, or during major events occurring along the San Francisco waterfront. Days when a permit will be required for day use will be posted on the park’s website. Permits are issued by the Aquatic Park Cove Harbormaster.

· There are no permanent fixed moorings available to visiting vessels. Use of the Cove requires an adequate anchor and proper gear. All vessels over 40’ in length or 8’ in draft require park approval prior to entering the Cove.

· The space for visiting non-motorized boats is available on a first come, first served basis. The Cove offers aquatic opportunities to many park users. Motorized boats are not permitted due to the large numbers of swimmers who use the area.

· Vessels that are classified as a sailboat may use a small auxiliary motor for safe maneuvering. Sailboat operator must have a lookout while underway to watch for swimmers.

· Contact Harbormaster (415- 298-8826) for additional information.

The purpose of these restrictions is to prevent conflicts between inconsistent recreational uses, which would create unsafe situations, and to enhance visitor use of the Cove.

Motor Vehicles

· With the exception of roads, roadways and parking areas, the use of motor vehicles by the general public in San Francisco Maritime National Historical Park by non-mobility impaired visitors is prohibited without a written permit.

The purpose of this restriction is to prevent conflict between inconsistent recreational uses, which would create unsafe situations.

(a)(3) The following restrictions and/or conditions are in effect for the specific uses or activities noted:

Snorkeling/Underwater Diving

· Snorkeling and underwater diving are prohibited in the Aquatic Park Cove (reference 36 CFR §3.18)

Restrictions are for the safety and protection of recreational users, and for the protection of significant cultural resources.

Diving or Jumping

· Diving or jumping from Municipal Pier, Hyde Street Pier, and the park’s historic ships and small craft is prohibited (reference 36 CFR §1.5)

Restrictions are for the safety and protection of recreational users, and for the protection of significant cultural resources. The water area around the piers and historic ships includes a number of hazards, including broken and partly submerged pilings, tidal currents, and wave surge.

Unmanned Aircraft

· Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of San Francisco Maritime National Historical Park is prohibited except as approved in writing by the superintendent. (reference 36 CFR §1.5).

Definition: The term "unmanned aircraft" means a device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device, and the associated operational elements and components that are required for the pilot or system operator in command to operate or control the device (such as cameras, sensors, communication links). This term includes all types of devices that meet this definition (e.g., model airplanes, quadcopters, drones) that are used for any purpose, including for recreation or commerce.

Restrictions are for the safety and protection of recreational users, and for the protection of significant cultural resources.

Feeding of Feral Animals

· The feeding of feral animals of all types is prohibited in all park areas (reference 36 CFR §2.2)

Restrictions are for the protection of significant natural and cultural resources, and for public safety. Feral animals have an adverse impact on wildlife and conflict with National Park Service resource preservation goals.

Memorialization

· The scattering of human ashes from cremation is prohibited (reference 36 CFR §2.62).

Restrictions are for the safety and protection of recreational users of Aquatic Park Cove, and for the protection of the marine environment, including significant natural and cultural resources.

II. 36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT

For permit information and applications, contact Supervisory Park Ranger, Division of Interpretation.

The following is a compilation of those activities for which a permit from the Superintendent is required:

· 36 CFR §1.6(f)

2.38 Explosives – Fireworks

2.50 Special Events – Sporting, Entertainment, Ceremonies, etc.

3.3 Boating and Water Use

4.10 Travel on Park Roads and Routes – Segways

5.3 Engaging in or soliciting any business

5.5 Commercial Photography and Filming

III. GENERAL REGULATIONS

36 CFR §2.10 – Camping and Food Storage

The sites and areas listed below have been designated for camping activities as noted.

· The park does not have any facilities to accommodate camping.

36 CFR §2.13 – Fires

The sites and areas listed below have been designated for fires as noted.

· The park does not have any designated areas or receptacles to accommodate fires.

36 CFR §2.15 – Pets

The following structures and/or areas are closed to the possession of pets (with the exception of service dogs):

· Aquatic Park beach

· Hyde Street Pier, north of the entrance gate

· Maritime Museum

· Visitor Center

· Trails not designated for pets

· All areas fenced and/or posted as closed

· Building E, Fort Mason Center

Dogs must be kept on a leash in all other areas of the park.

Pet excrement must be disposed of in accordance with the following conditions:

· Pet excrement must be picked up and placed in an adequate plastic bag or container and disposed of in a trash receptacle.

36 CFR §2.20 – Skating, Skateboards and Similar Devices

The use of roller skates, skateboards, roller skis, coasting vehicles, or similar devices are permitted on hard surfaces wherever pedestrian traffic is allowed with the exception of:

· Hyde Street Pier

· Visitor Center

· Maritime Museum

· East and West vehicular access ramps adjacent to the Maritime Museum Building

· Aquatic Park bleachers

· Retaining walls

· Stairs

36 CFR §2.21 – Smoking

The following portions of the park or all or portions of the buildings, structures or facilities are closed to smoking as noted:

· On board park boats and ships, on Hyde Street Pier, in the Visitor Center and within the Maritime Museum.

· Within all government buildings/vehicles (excluding designated smoking areas).

36 CFR §2.23 – Recreation Fees

Recreation fees, in accordance with 36 CFR part 71, are established for the following entrance fee areas:

· Entrance Fee Areas:

An entrance fee is in place to board the historic vessels at Hyde Street Pier. The fee is $15.00 per adult (ages 16 and up). No fee is charged to youths and children (ages 15 and below). The following valid cards are honored for free admission: Inter-Agency Annual Pass, IA Senior Pass, IA Access Pass, and San Francisco Maritime National Historical Park Annual Pass. There are four historic vessels to board; the sailing ship Balclutha, the sailing schooner C.A. Thayer, the ferryboat Eureka, and the tugboat Hercules.

A permit fee is charged for overnight (sunset to sun up) stays by visiting vessels in the Aquatic Park Cove. The permit fee is $10.00 per night, and a valid San Francisco Maritime National Historical Park Annual Pass may be used in lieu of the permit fee. Cove permits are subject to the restrictions noted above in section (a)(2) of 36 CFR §1.5.

36 CFR §2.35 – Alcoholic Beverages and Controlled Substances

The following public use areas, portions of public use areas, and/or public facilities within the park are closed to consumption of alcoholic beverages, and/or to the possession of a bottle, can or other receptacle containing an alcoholic beverage that is open, or has been opened, or whose seal has been broken or the contents of which have been partially removed:

· All areas of Park except with permit

Special prohibition is required due to the history of aberrant behavior directly attributed to the use of alcohol which has led to assaults, unruly crowds, disorderly conduct, and vandalism to both public and private property. Special prohibition at Hyde Street Pier is required to protect visitors from injury while visiting the historic ships.

36 CFR §2.38 – Explosives

Fireworks and firecrackers may be possessed and/or used in the following areas, under the conditions noted:

· No person or persons, firm, company, corporation or association shall possess, fire or discharge any fireworks of any kind or description within San Francisco Maritime National Historical Park, except that public displays of fireworks may be conducted with a written permit from the Superintendent and the concurrence of Fire and Police authorities.

36 CFR §2.51 – Public Assemblies, Meetings

The following areas are designated for the purpose of 1st Amendment speech, demonstrations and/or the distribution and/or sale of printed matter. Groups of more than 25 demonstrators must obtain a permit from the park Superintendent:

· Area of Pocket Park adjacent to Van Ness Ave

· East Bleachers

· Area on south end of Victorian Park

See Exhibit A.

36 CFR §3.3 – Boating and Water Use – Boating Permits

Overnight use (sunset to sun up) of the Aquatic Park Cove by visiting vessels is by permit only.

The purpose of this restriction is to allow more visitors use the park’s resources.

During high use days within the Cove, or major events occurring along the San Francisco waterfront, day use of the Cove by visiting vessels is by permit only.

The purpose of this restriction is to prevent conflicts between inconsistent recreational uses, which would create unsafe situations, and to enhance visitor use of the Cove.

36 CFR §3.17 – Boating and Water Use – Swimming and Bathing

The following areas are closed to swimming and bathing:

· All areas except the Aquatic Park Cove.

The Cove is an unguarded beach with no lifeguards on duty and is designated a “swim at your own risk” area.

The use of floatation devices, glass containers, kites, or incompatible sporting activities is not permitted.

The purpose of this restriction is to prevent unsafe situations for swimmers and bathers.

36 CFR §4.10 – Travel on Park Roads and Routes

Park roads open for travel by motor vehicles without a permit are those indicated below:

· Lower Van Ness Avenue from the bus turnaround north to the Municipal Pier entrance.

· Jefferson Street from Hyde Street west to the vehicle turnaround.

The use of Segways by non-mobility impaired persons on park paths or trails is prohibited. Operation of Segways by non-mobility impaired persons on roads, roadways or parking areas is authorized by permit only. In addition to specific permit conditions:

· No person under 16 years of age may operate Segways, without adult supervision

· Segway operators must proceed in a safe and responsible manner so as not to endanger the rider or other park visitors.

· A person riding a Segway has all the rights and duties applicable to a pedestrian under CA VC § 467, except that the mobility assistive device operator must always yield to other pedestrians

Authorizing this use by permit gives the NPS the opportunity to insure that users understand use limitations, potential hazards due to other visitor use activities, and other safety concerns.

Mobility-impaired persons may operate a Segway in areas open to the public, in situations analogous to use of a motorized wheelchair (i.e. as a Mobility Assistive Device). Users of Segways as a mobility assistive device must adhere to the following:

· No person under 16 years of age may operate Segways, without adult supervision

· Segway operators must proceed in a safe and responsible manner so as not to endanger the rider or other park visitors.

· A person riding a Segway has all the rights and duties applicable to a pedestrian under CA VC § 467, except that the mobility assistive device operator must always yield to other pedestrians

36 CFR §4.30 – Bicycles

· With the exception of established roads, roadways, parking areas, or designated bicycle routes, the use of bicycles in San Francisco Maritime National Historical Park is prohibited.

The purpose of this restriction is to prevent conflict between inconsistent recreational uses, which would create unsafe situations.

36 CFR §4.30(i) - E-Bicycles

· 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.).

· E-bikes are allowed in San Francisco Maritime National Historical Park 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.

· 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).

The purpose of this restriction is to prevent conflict between inconsistent recreational uses, which would create unsafe situations.

 

[map] High aerial shot of Aquatic Park, highlighting (in red outline) the “designated first amendment areas” in an 800 foot radius – left to right this is Pocket Park, East Bleachers, Victorian Park (South End).

NPS