36 CFR 2.5 "Research Specimens)

WReier-Aviles on DSKGBLS3C1PROD with CFR

§ 2.5

36 CFR Ch. I (7–1–10 Edition)

lodging or mechanical mode of conveyance when such implements are rendered temporarily inoperable or are
packed, cased or stored in a manner
that will prevent their ready use.
(b) Carrying or possessing a loaded
weapon in a motor vehicle, vessel or
other mode of transportation is prohibited, except that carrying or possessing
a loaded weapon in a vessel is allowed
when such vessel is not being propelled
by machinery and is used as a shooting
platform in accordance with Federal
and State law.
(c) The use of a weapon, trap or net
in a manner that endangers persons or
property is prohibited.
(d) The superintendent may issue a
permit to carry or possess a weapon,
trap or net under the following circumstances:
(1) When necessary to support research activities conducted in accordance with § 2.5.
(2) To carry firearms for persons in
charge of pack trains or saddle horses
for emergency use.
(3) For employees, agents or cooperating officials in the performance of
their official duties.
(4) To provide access to otherwise inaccessible lands or waters contiguous
to a park area when other means of access are otherwise impracticable or impossible.
Violation of the terms and conditions
of a permit issued pursuant to this
paragraph is prohibited and may result
in the suspension or revocation of the
permit.
(e) Authorized Federal, State and
local law enforcement officers may
carry firearms in the performance of
their official duties.
(f) The carrying or possessing of a
weapon, trap or net in violation of applicable Federal and State laws is prohibited.
(g) The regulations contained in this
section apply, regardless of land ownership, on all lands and waters within a
park area that are under the legislative
jurisdiction of the United States.
(h) Notwithstanding any other provision in this Chapter, a person may possess, carry, and transport concealed,
loaded, and operable firearms within a
national park area in accordance with
the laws of the state in which the na-

tional park area, or that portion thereof, is located, except as otherwise prohibited by applicable Federal law.
[48 FR 30282, June 30, 1983, as amended at 49
FR 18450, Apr. 30, 1984; 52 FR 35240, Sept. 18,
1987; 73 FR 74971, Dec. 10, 2008]

§ 2.5 Research specimens.
(a) Taking plants, fish, wildlife, rocks
or minerals except in accordance with
other regulations of this chapter or
pursuant to the terms and conditions
of a specimen collection permit, is prohibited.
(b) A specimen collection permit may
be issued only to an official representative of a reputable scientific or educational institution or a State or Federal agency for the purpose of research,
baseline inventories, monitoring, impact analysis, group study, or museum
display when the superintendent determines that the collection is necessary
to the stated scientific or resource
management goals of the institution or
agency and that all applicable Federal
and State permits have been acquired,
and that the intended use of the specimens and their final disposal is in accordance with applicable law and Federal administrative policies. A permit
shall not be issued if removal of the
specimen would result in damage to
other natural or cultural resources, affect adversely environmental or scenic
values, or if the specimen is readily
available outside of the park area.
(c) A permit to take an endangered or
threatened species listed pursuant to
the Endangered Species Act, or similarly identified by the States, shall not
be issued unless the species cannot be
obtained outside of the park area and
the primary purpose of the collection is
to enhance the protection or management of the species.
(d) In park areas where the enabling
legislation authorizes the killing of
wildlife, a permit which authorizes the
killing of plants, fish or wildlife may
be issued only when the superintendent
approves a written research proposal
and determines that the collection will
benefit science or has the potential for
improving the management and protection of park resources.
(e) In park areas where enabling legislation does not expressly prohibit the
killing of wildlife, a permit authorizing

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National Park Service, Interior

§ 2.12

the killing of plants, fish or wildlife
may be issued only when the superintendent approves a written research
proposal and determines that the collection will not result in the derogation of the values or purposes for which
the park area was established and has
the potential for conserving and perpetuating the species subject to collection.
(f) In park areas where the enabling
legislation prohibits the killing of
wildlife, issuance of a collecting permit
for wildlife or fish or plants, is prohibited.
(g) Specimen collection permits shall
contain the following conditions:
(1) Specimens placed in displays or
collections will bear official National
Park Service museum labels and their
catalog numbers will be registered in
the National Park Service National
Catalog.
(2) Specimens and data derived from
consumed specimens will be made
available to the public and reports and
publications resulting from a research
specimen collection permit shall be
filed with the superintendent.
(h) Violation of the terms and conditions of a permit issued in accordance
with this section is prohibited and may
result in the suspension or revocation
of the permit.

and other factors which would govern
the conduct of a reasonably prudent
person under the circumstances.
(5) The installation of permanent
camping facilities.
(6) Displaying wildlife carcasses or
other remains or parts thereof, except
when taken pursuant to § 2.2.
(7) Connecting to a utility system,
except as designated.
(8) Failing to obtain a permit, where
required.
(9) Violating conditions which may
be established by the superintendent.
(10) Camping outside of designated
sites or areas.
(c) Violation of the terms and conditions of a permit issued in accordance
with this section is prohibited and may
result in the suspension or revocation
of the permit.
(d) Food storage. The superintendent
may designate all or a portion of a
park area where food, lawfully taken
fish or wildlife, garbage, and equipment used to cook or store food must
be kept sealed in a vehicle, or in a
camping unit that is constructed of
solid, non-pliable material, or suspended at least 10 feet above the
ground and 4 feet horizontally from a
post, tree trunk, or other object, or
shall be stored as otherwise designated.
Violation of this restriction is prohibited. This restriction does not apply to
food that is being transported, consumed, or prepared for consumption.

WReier-Aviles on DSKGBLS3C1PROD with CFR

NOTE: The Secretary’s regulations on the
preservation, use, and management of fish
and wildlife are found in 43 CFR part 24. Regulations concerning archeological resources
are found in 43 CFR part 3.

§ 2.11 Picnicking.
Picnicking is allowed, except in designated areas closed in accordance with
§ 1.5. The superintendent may establish
conditions for picnicking in areas
where picnicking is allowed. Picnicking in violation of established conditions is prohibited.

§ 2.10 Camping and food storage.
(a) The superintendent may require
permits, designate sites or areas, and
establish conditions for camping.
(b) The following are prohibited:
(1) Digging or leveling the ground at
a campsite.
(2) Leaving camping equipment, site
alterations, or refuse after departing
from the campsite.
(3) Camping within 25 feet of a water
hydrant or main road, or within 100
feet of a flowing stream, river or body
of water, except as designated.
(4) Creating or sustaining unreasonable noise between the hours of 10:00
p.m. and 6:00 a.m., considering the nature and purpose of the actor’s conduct, impact on park users, location,

§ 2.12 Audio disturbances.
(a) The following are prohibited:
(1) Operating motorized equipment or
machinery such as an electric generating plant, motor vehicle, motorized
toy, or an audio device, such as a radio,
television set, tape deck or musical instrument, in a manner: (i) That exceeds
a noise level of 60 decibels measured on
the A-weighted scale at 50 feet; or, if
below that level, nevertheless; (ii)
makes noise which is unreasonable,

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